PENGGUNAAN KONSEP TALFĪQ SEBAGAI SALAH SATU KAEDAH PENYELESAIAN HUKUM SYARAK: SATU ULASAN LITERATUR

Abstract

The scenario of the ummah currently is moving rapidly, causingthe scholars to act fast in providing the best solutions for everyproblem arise. The concept of talfīq is a method frequently usedby scholars nowadays although it is not categorized as one ofthe sources of Islamic law. Talfīq can be defined as mixing orcombining various opinions of scholars in a specific problemwithout being bound to any of the madhhabs (schools of law).This concept still needs clarification from the experts of Islamiclaw, particularly the discussions on the arguments among thescholars. The scholars in the past strongly opposed the usageof this concept. However, the current development of Islamicjurisprudence has popularized the use of talfīq, making referenceto all madhhab possible. This study found that the concept of talfīqrequires further explanation as far as discussions on its authority,so that an accurate assessment can be made on whether tosupport the implementation of the talfīq or totally disapproved itsuse. Positive and negative impact from the use of talfīq will alsoneed to be emphasized in order to act as a guidance for scholars when using this concept in the process of providing legal solutionin Islamic law