The Application of Ra'y in Seeking Progressive Sharia Economic Law: The Approach of 'Urf and Maqasid Al-Shari'ah

Abstract

The era of digitalization and the advancement of modern information and communication technology is currently a challenge for Shari'a economic law experts and legal practitioners to explore, find, and determine legal provisions in various new legal cases. Shariah economic law cases continue to surface indefinitely, while the na al-Qur’an and sunnah are limited in quantity. In order to respond to the dynamics of such conditions, they must seek alternative solutions to methods of extracting and discovering laws by optimizing rational thinking (ra’y). Ra’y functions and plays an instrument in instituting unwritten, implied, and explicitly unspeakable laws (masῡt ’anhu). The problem is how to apply ra’y in seeking progressive Shari’ah economic law, and experts opinion on the application of ra’y in seeking progressive Shari’ah economic law. To answer this problem, it is advisable to use the ’urf and maqasid al-Shari’ah approaches.
 Keywords: Ra’y, Islamic economic law, ’urf, and maqasid Shari’ah approach