Islamic Legal Theory Research Articles

Telaah Kritis Pemikiran Jasser Auda dalam Buku “Maqasid Al-Shariah as Philosophy of Islamic Law: A Systems Approach”

Jasser Auda was a Muslim intellectual who was known as a contemporary maqashid figure. But what was interesting about Jasser Auda's contemporary maqashid was the existence of a principle that prioritizes sharia maqashid over Islamic legal theory. It was not the same as the classical maqashid initiated by Iman al-Ghazali which revealed the maqashid sharia of Islamic law that was being applied in life in his era. The method used in this study was library research, namely the analysis of Jasser Auda's thoughts in his book entitled: "Maqasid Al-Shariah as Philosophy of Islamic Law: a Systems Approach". The study results showed that Jasser Auda considered that Islamic law needed to be open so that Islamic law could be renewed and was always alive, even according to him, its authenticity had been questioned again so that it needed to be reviewed. This justified the allegation that there were some Muslims who considered the Islamic world to be lagging behind and want progress in life in the Islamic world as the progress of life experienced in the West, but without abandoning their religious monotheism, as the West had abandoned its religious doctrines in politics, economics and law. . Here, Jasser Auda was one of several of these Muslims.

Exploring Zakatable Wealth from Classical and Contemporary Scholars Perspectives

Nowadays, there are many collective ijtihad by various internationally recognized Islamic organizations as well as individual fatwas of leading contemporary Muslim jurists have been undertaking the process of identifying modern wealth that are compulsory to be zakatable. This is because nowadays, there are many economic activities that are capable of generating higher profit returns and many of them are seen probably higher than those of the traditional zakatable sources. This paper attempts to study the conditions and foundations of zakatability of wealth classically and contemporarily which are made subject to zakat based on the Islamic legal theories and scholars’ perspectives. Then, it explores both classical and contemporary zakatable wealth. To fulfill the objectives, this study will use a qualitative approach with data collection methods documentation. It involves library research to get information from various sources like books, journals, papers work and others and then analyzing them by using inductive and deductive (istiqrai’i) approach. The study found that there are several conditions made by the classical and contemporary jurists on wealth before it is made to be subject to zakat. They have also come out with various approaches like analogy (qiyas), growth (nama’), richness (ghina’) and historical success factor in identifying the basis (dawabit) of zakatable wealth. The findings of this research show that based on ijtihad and fiqhi resolutions of the jurists, zakat accommodates contemporary changes in the concept of wealth and gives opportunity in exploring the expansion of the other zakatable wealth resources in the form of modern assets. As such due to changes of time, these foundations of zakatability will continue to be implemented due to its suitability and significance with the demands of the needs of the Ummah

Legal Maxims of Ba’i Ibn Al-Arabi’s Contract and Their Relevance to Contemporary Muamalah Maliah Issues

The legal maxims of the ba'i contract are inductive Islamic legal reasoning, so their implementation has a static and dynamic character. Apart from al-Arabi, attention to two characters in one theme of fiqh (Islamic Jurisprudence) rules is rarely discussed by Islamic jurists. It is one of the reasons for the failure to dynamize the theory and practice of Islamic economic law, resulting in various criticisms. This research discussed the legal maxims of the ba'i contract of al-Arabi in Al-Masalik fi Syarh Muwatta Malik and their relevance to contemporary muamalah maliah issues to provide complete answers to various criticisms in contemporary Islamic legal theory and practice. The research method used normative Islamic law with a conceptual, philosophical, and historical approach. The data collection technique used a document study of Ibn al-Arabi's work "Al-Masalik fi Syarh Muwatta Malik" related to the fiqh rule on the Ba'i contract. The analysis technique was prescriptive analysis with logic and inductive legal reasoning. The research results show the ten fiqh rules of the ba'i contract developed by al-Arabi that have static characters, namely usury, garar or jahalah, consuming wealth in vanity, and deceit (gasysi). Besides, those with dynamic characters are urf, emergency, and maqasid al-syariah/sadd al-zariah. The rule fiqh is relevant to contemporary muamalah maliah contract issues, such as cashback systems, dropship systems in online buying and selling, stock sales, pre-order systems, and electronic transactions (e-money). Therefore, these rules can be used as an ‘illat (ratio legis) for resolving problems in the contemporary muamalah maliah contract.

Reconstruction of Bankruptcy Regulations and Suspension of Debt Payment Obligations Based on Islamic Legal Values

The background of this research is that as it happens in the business world, the need for funds is a basic need that must be met by business actors, to overcome the problem of funding needs, capital loans are the solution. The problem that arises is if within the specified time the debtor is unable to pay it. The purpose of this study is to malign and find that bankruptcy regulations and PKPU have not been based on Islamic justice values, analyze and find weaknesses in current bankruptcy regulations and PKPU, and analyze and find reconstructions of bankruptcy regulations and PKPU based on Islamic justice values. In this study, the constructivism paradigm was used. namely the paradigm that is the antithesis of the understanding that lays observation and objectivity in finding a reality or science, This type of research is descriptive analysis, the approach that the author uses is a Sociological Juridical approach, This research is categorized into doctrinal hukun research (both normative and philosophical juridical), The data analysis method used in this study is qualitative data analysis to obtain descriptive data. This research uses Islamic legal theory as an applied theory, namely the Mashlahah Theory According to Imam Al-Ghazali which is a concept that is used as the main consideration in solving Islamic legal problems because the principle contained in maslahah is the maintenance of the objective purpose of law (maqasid al-shari'ah) that is, the maintenance of religion, soul, reason, heredity, and property. Based on the results of this study, it was found that the first Bankruptcy Regulation and Suspension of Debt Payment Obligations have not been based on Islamic justice values, especially in article 2 paragraph (1), article 17 paragraph 2 and article 225 paragraph 4, Second, weaknesses were found in the current bankruptcy and PKPU regulations, including bankruptcy requirements of at least 2 creditors, the temporary decision of PKPU was only given 45 days, and the fee for curator is too great. For this reason, it is necessary to reconstruct the Bankruptcy Regulation and PKPU, including increasing the bankruptcy requirements for more than 2 creditors, extending the temporary bankruptcy of PKPU for more than 45 days or 1 year, changing the Curator fee calculation system based on agreements with debtors and creditors.

Animal Abuse in the View of Islamic Criminal Law

Islam as the majority religion in Indonesia teaches us to be a mercy to the universe, including taking care of animals on earth. However, Indonesia is the country with the largest number of downloaders of animal abuse content in the world. Therefore, the purpose of this study is to analyze these problems from the perspective of jurisprudence. The research method used is normative legal research with a statutory approach and analysis of Islamic legal theories. The results of this study indicate that the crime of mistreatment of animals in Indonesia is regulated in the Criminal Code (KUHP) Article 302 and Article 540, as well as Law Number 18 of 2009 as amended by Law Number 41 of 2014 concerning Animal Husbandry and Health. Animal abuse in jinayah fiqh is included in the ta'zir finger, in which the level and punishment are determined by the government ( ulil amri ).

Tindak Pidana Penganiayaan terhadap Hewan Perspektif Fikih Jinayah

Animals are often humans' pets, which are useful for playing, making friends, or acting as guardians. but some people actually use animals, exploit, abuse, and even kill them for certain interests. Currently, the problem of mistreatment of animals is increasingly apprehensive. Through information in various media, cases of mistreatment of animals can be identified. Islam as the majority religion in Indonesia teaches to be a mercy to the universe, including taking care of animals on earth. However, Indonesia is the country with the largest number of downloaders of animal abuse content in the world. Therefore, the purpose of this study is to analyze these problems in the perspective of jurisprudence. The research method used is normative legal research with a statutory approach and analysis of Islamic legal theories. The results of this study indicate that the crime of mistreatment of animals in Indonesia is regulated in the Criminal Code (KUHP) Article 302 and Article 540, as well as Law Number 18 of 2009 as amended by Law Number 41 of 2014 concerning Animal Husbandry and Health. Animal abuse in jinayah fiqh is included in the jarimah ta'zir, in which the level and punishment is determined by the government (ulil amri).

Eine Islamische Rechtsphilosophie? Herausforderungen, Problemfelder und Lösungsvorschläge

This article presents the internal structure of Islamic law and legal theory. Following the discourses of scholars since the 20th century, concepts of Islamic legal theory are increasingly coming into focus in order to find new ways and methods in the field of Islamic normative teaching that are able to accept the changing circumstances of modernity. These include, in particular, iǧtihād, the goals of the Sharia (maqāṣid aššarīʿa), or Islamic minority law (fiqh al-aqallīyāt). Modern Islamic legal theoretical approaches have in common the lack of systematic and legal-philosophical reflections. These can be found in part even in the pre-modern literature. There, topics of legal philosophy were discussed according to the internal structure of the so-called uṣūl al-fiqh (Islamic legal methodology and theory). The focus was on the doctrine of sources and the interpretation of religious legal sources. Only a few scholars deviated from this methodological approach. These include, for example, Abū Zayd ad-Dabūsī (d. 430/ 1039) from Samarkand. He located and systematized religious law within a rationalist epistemology and legal theory. Further, Ibn Rušd (d. 595/1198) looked for legal philosophical foundations in Aristotle’s philosophy. How can these theories be located in the realm of philosophy of law? How can Muslim legal theories make an innovative contribution with regard to ethics and, moreover, to general questions of legal philosophy? How can concepts of legal philosophy contribute to Islamic law? The article will deal with these and related questions.

IJMA’ DALAM USHUL FIKIH

In Islamic legal theory (uṣul al-fiqh), ijmam is the third source of law after the Koran and sunnah (hadith). During the early legal schools of thought, the position of ijmaid was fourth. There was a shift in position after entering the Imam ash-Shafi'i period, and it was strengthened again in the classical period, the function and position of ijmaa became static, rigid, formal, final, not prospective for the future, and did not allow ijmaat to occur in the future. come. The concept of ijmaat during the early legal schools of law was a principle of justification to state the legitimacy of various different opinions, as an effort to find common ground and agree in establishing syar'i law. Al-Qur'an and sunnah are the propositions that create, while qiyas, ijmaak, and others are the propositions that reveal in finding the law. The concept of Ijmak was originally something dynamic and there was a harmonious integrative relationship between sunnah, ijtihad and ijmaak, but after the ash-Shafi'i period, ijmaq changed and shifted to be static, formal, not prospective for the future, the object of study is very limited, and Ijma is only possible during the friendship period, in the future it is not possible. It was even worse in the classical period, ijmaq became something that was final, and could not be changed until "the door to ijtihad was closed", conformity developed and madhhab fanatics. The model of consensus that is needed in this modern era is democratic consensus organized in the form of legislative institutions at the national and international levels. These institutions are needed to accommodate various interests and agreements in every nation-state, and the international community to discuss crucial international issues, such as humanitarian, human rights, justice, economic, and terrorism problems regardless of ethnic, racial, religious and cultural backgrounds, the important thing is that we all have a commitment to improving human life in the international world. And the results of formal and non-formal consensus can in time be changed again in line with developments in the situation and conditions of modern times.

Human Rights and Religious Education: A Study with Special Reference to Islam

A new set of global principles and ambitions emerged from modern human rights. Human rights are essential to any modern discussion on global ethics and justice. Critics charge human rights discourse as being ethnocentric in its focus on minorities. Human rights are intertwined with rights philosophy, which is tied to natural law in Islamic legal theory. For example, the right to life stems from the creation of mankind by God. This article discusses natural law, human beings, best interests, and religious instruction in Islamic legal philosophy. In doing so, I want to build a comprehensive Islamic viewpoint on human rights and a practical component of the issue of human rights in the Islamic world. The major purpose of the research is to investigate the creation of a contemporary human rights framework in the twentieth century. This study's research technique includes doctrinal and analytical research. The data will be acquired from numerous publications and reports by authorities. The researchers used secondary sources as well. Articles, books, journals, newspapers, and websites are examples. It is essential to recognize that different cultures may need to develop their own human rights arguments. It is also important to note religion's global effect. Ensuring universal human rights is not simple, as Islam has shown. No significant impact can be achieved by governmental or intellectual debates on human rights. I believe that most people, regardless of culture or religion, would embrace the notion if adequately educated. People's governments may have to work more to upgrade their legal systems and ensure people's rights.

Interest rate versus profit rate in the light of Islamic maxim: Al-ibratu fil uqūdi lil maqāsidi wa ma’ānī lā lil alfāzi wal mabani

The concept of interest and profit is as old as the history of commercial transactions because, in Jahiliyyah (ignorant) period, people transact business based on interest and sometimes for profit. These concepts are also not alien to conventional financial practice, except that many people cannot distinguish between interest-based and profit-based transactions. As much as shariah encouraged commercial transactions of common and fair benefit through exchanging commodities and money, it equally emphasised the need for fair play and justice for entire market stakeholders. This study aims to explore and explicates literature on the differences between conventional bank interest rates and the Islamic bank profit rate in financing. The study will describe the contractual pictures of both methodologies to analyse the convergent and divergent features between interest-based loans and profit-based financing. This study uses the Islamic legal maxim theory of "In contracts, the effect is given to intention and meaning and not words and forms" (Al-‘ibratu fil uqūdi lil maqāsidi wal ma’ānī lā lil alfāzi wal mabānī) as a fundamental principle in determining shariah compliant profit based in commercial transactions. This study arrived at findings on the distinctive divergent between the interest rate and profit rates in financing. The study identifies issues those convergent trigger concerns among researchers and critiques in contemporary applications can be resolved based on contractual intent and meaning rather than words and forms. This study came up with recommendations for improving the operational status of Islamic financial transactions in the profit rate.

استنباط احکام میں جمہور فقہا کا منہج اور دلالات: ایک تحلیلی جائزہ

Present study focuses on Shāfi‘ī and other non-Ḥanafī (jumhūr and mutakallimīn) principles and methodologies of textual interpretation in the genere of Islamic legal theory. These principles formulated by jumhūr are based on deductive reasoning and strictly follow the texts (nuṣūṣ) of the Qur’ān and ḥadīth in order to extract meanings of words and juristic rules thereby. Four methods to deduce meaning from the text are common between Ḥanafīs and jumhūr. For Ḥanafīs they are called ‘ibārat al-naṣṣ, ishārat al-naṣṣ, iqtiḍā’ al-naṣṣ and dalālat al-naṣṣ, whereas they are named as manṭūq, īmā’, ishārah, iqtiḍā and mafhūm al-muwāfiq by Shāfi‘īs and jumhūr. Another method, which is highly regarded by mutakallimīn, and rejected by Ḥanafīs and termed as wujūh al-fāsidah, is called mafhūm al-mukhālif (taking opposite meaning due to the absence of the cause that binds to take straight meaning from the text). The article analyses nature, kinds, foundations and principles behind this method and conditions for using mafhūm al-mukhalif and suggests that although Ḥanafī theorists reject this method but somehow utilize it partially with different names and with certain conditions. Use of mafhūm al-mukhalif by jumhūr or mutakallimīn and its general rejection by Ḥanafīs is one of the reasons that in positive law Ḥanafī fiqh stands alone from the other schools (jumhūr).

Teoriden Pratiğe Muhâlea: 19. Yy İstanbul Bâb Mahkemesi ve Diyarbakır Kadı Sicilleri Örneğinde

Osmanlı Devleti’nin sosyo-ekonomik, kültürel ve siyasî yapısını göstermesi hasebiyle önemli kaynaklar olan kadı sicilleri aynı zamanda İslam hukuk teorisinin pratikte nasıl işlediğini de gözler önüne sermektedir. Vakıf, bağış, satın alma, kiralama, miras gibi mahkemeye intikal etmiş birçok hukukî işlemde araştırmacılara önemli bilgiler sunan siciller, evlenme ve boşanma gibi aile hukukunu doğrudan ilgilendiren konularda da kritik veriler sağlamaktadır. İslâm hukukunda muhâleanın mahkeme kaydı gerektirmemesine rağmen hak ihlallerinin önüne geçmek adına Osmanlı’da tescil ettirilmesi, kayıtlarda bu tür davaların sık rastlanmasına vesile olmuştur. Bu nedenle İslam hukuk teorisinin pratiğe nasıl yansıdığını ve 19. yüzyılda Osmanlı toplumunda kadınların sosyo-ekonomik konumlarını incelemek adına muhâlea kayıtları önemli bilgiler sunmaktadır. Muhâlea konusunda İstanbul ile Diyarbakır gibi iki farklı bölgenin tecrübesini ele alan bu makale, teori ve pratiği mukayeseli bir şekilde inceleyerek Osmanlı Devleti’nde uygulanan İslam aile hukukuna bütüncül bir şekilde bakmayı hedeflemektedir.

The Legacy of a Literary Man in Islamic Legal Theory: Surūrī Chalabī’s Criticisms in his Super- Commentary on al-Talwīḥ and His Arguments

Al-Taftāzānī (d. 792/1390), a well-known theorist/theologian of the post-classical era of Islamic thought, not only elucidated the statements of Ṣadr al-sharīʿah in his ḥāshiyah (super-commentary), titled al-Talwīḥ, which he wrote on al-Tawḍīḥ, but also introduced several criticisms against his arguments. Al-Taftāzānī’s work, al- Talwīḥ, was received with great interest by Ottoman scholars, who then composed many ḥāshiyahs on it in the fifteenth century. Although the number of ḥāshiyahs significantly diminished, the practice of ḥāshiyah writing on al-Talwīḥ continued in the sixteenth century. Surūrī Chalabī (d. 969/1562) was one of the scholars who penned a ḥāshiyah on al-Talwīḥ during this period. The literary works of Surūrī Chalabī have recently been the subject of numerous academic studies, yet his legacy in Islamic sciences has not received the same interest. This article, aiming to fill this gap in the literature,scrutinizes synchronically and diachronically the place of Surūrī’s Ḥāshiyah on al-Talwīḥ within the tradition of Ottoman ḥāshiyah writing on al-Talwīḥ and eventually demonstrates that Surūrī primarily dealt with the arguments and comments of Ḥasan Chalabī, a previous ḥāshiyah author who commented on al-Talwīḥ and criticized them in his argument-based ḥāshiyah thus endeavors to position himself within the tradition of ḥāshiyah writing of the previous century through Ḥasan Chalabī’s work.

The Concept of Sunna in Progressive Muslim Thought

In this paper I describe the nature and scope of the concept ‘sunna’ in progressive Muslim thought. I argue that, unlike the hadith-based concept of sunna found in classical Islam, the concept of sunna in progressive Islam has strong affinities with how that concept was understood during the formative period of Islamic thought. In this respect, I show that the concept of sunna in progressive Islam operates within a broad contextualist and rationalist approach to Islamic theology and ethics, that it is a general ethico-behavioural embodied concept. It is not viewed as a source of Islamic belief, nor is it considered a form of unrecited revelation - although, for hermeneutical purposes, it exists in an organic and symbiotic relationship with the Qur’an. In the last section, I discuss several concrete implications this approach to the concept of sunna has in progressive Islam, doing away with many norms, values, and practices that have been associated with the concept in classical Islamic law/ethics, such as those pertaining to family and criminal law. With respect to this, I highlight how a progressive Muslim approach to normative sunna enables the Islamic interpretive tradition to shed ethically and epistemologically outdated norms, values, and practices that have often been defended on the basis of a concept of sunna that operates within the hermeneutical confines of classical Islamic theology and Islamic legal theory.

Nonmarital Sex Rituals on Mount Kemukus (Study of Legal Culture and Islamic Law Perspective)

The legal construction in the Criminal Code (KUHP) and Islamic law the ban of extramarital sexual encounters, yet in Mount Kemukus, a different reality prevails. The formulation of the problems in this research are; first, what is the pattern of pilgrims' actions on Mount Kemukus? and second, what is the ideal of legal culture in Mount Kemukus? This study is from the perspective of legal culture and Islamic law. This paper examines the relationship between legal culture and Islamic law. This research is a field study employing a multidisciplinary socio-legal methodology. Observation and interviews were used to collect primary data, whilst a review of the literature was used to collect secondary data. This article combines social theory, legal theory, and Islamic legal theory to form an eclectic theory. This study found two general patterns, santri pilgrims and non-santri pilgrims, which represent the motivations, sources of belief, and patterns of pilgrims' actions; and (2) the ideal of legal culture in Mount Kemukus is to perform tawaṣul to Prince Samudro without performing non-marital sex rituals, and the law functions as a tool of social engineering for the benefit of society. The findings of this study suggest that in conditions of compulsion and despair, individuals seek justification for their actions even though they are against the social order. This research is useful for legal policies that regulate rituals and pilgrimages.

AMBIGUITY IN ISLAMIC LEGAL HERMENEUTICS AND ITS IMPACT ON JURISTIC DIFFERENCES: AN ISLAMIC LEGAL THEORETICAL PERSPECTIVE

Islamic legal hermeneutics can be identified in the writings of Muslim legal theorists. It focuses on the principles of interpreting the language of the Lawgiver for devising legal rulings on practical questions and how a language can govern a law. This paper attempts to show how ambiguity of religious texts affect legal determinations of juristic issues and to reveal the usuli approach of resolving religious ambiguous texts. It further aims at measuring whether Islamic legal theory was consistent with legal rulings derived by the Muslim jurisprudents. However, ambiguity is discussed on the level of the meaning of individual words and structures. This falls within the realm of equivocality and the interpretation of imperative forms. Though those principles were designed to show consistency between theory and practice, the outcomes were not ideal in the literal sense of the word. Legal theoretical precepts are probability maxims which are comprehensively applicable to all particulars

Maqāṣid and the Renewal of Islamic Legal Theory in ʿAbdullah Bin Bayyah’s Discourse

This article investigates the central role assigned to maqāṣid by ‘Abdullah Bin Bayyah (b. 1935) in his project of renewal of uṣūl al-fiqh. He presents maqāṣid as crucial for the functioning and widening of the system of ratiocination (manẓūmat al-taʿlīl) and inference (istidlāl). In his theory of renewal, Bin Bayyah expands the role of maqāṣid in uṣūl al-fiqh beyond the system of ratiocination to all the chapters of uṣūl al-fiqh. In this context, he provides more than thirty ways in which maqāṣid are blended into the texture of Islamic legal theory and are necessary for its sound functioning. In this way, he tries to demonstrate that maqāṣid are uṣūl al-fiqh itself and its heart. This article explores the discursive strategies adopted by Bin Bayyah to establish the relevance of maqāṣid for the renewal of uṣūl al-fiqh and offers a succinct critical appraisal of Bin Bayyah’s reasoning on the topic. It argues that Bin Bayyah is successful in demonstrating the indispensability of maqāṣid for any project of renewal of uṣūl al-fiqh, but falls short in proving that maqāṣid are uṣūl al-fiqh itself and its heart.

Situating an Informal Funds Transfer System in Islamic Legal Theory: The Origin of Hawala Revisited

Research interest regarding hawala, an informal funds transfer system, has been growing since the outset of the twentyfirst century. As for its origin, a number of authors claims that it has an Islamic origin and likens it to either ḥawāla or suftaja, which are two legal instruments elaborated in Islamic legal texts. This paper challenges that claim, comparing the hawala with ḥawāla and suftaja. The comparison reveals that the hawala does not have a specific counterpart in Islamic legal theory. On the contrary, its validity, nature, and quality are sensitive to and dependent on some minor details, and it may take the shape of diverging legal instruments from the perspective of Islamic law. Therefore, assuming that the hawala hails from and operates according to Islamic law is erroneous, and new-fashioned studies adopting historical and sociological perspectives are necessary to shed light on unanswered questions about the issue.

Situating an Informal Funds Transfer System in Islamic Legal Theory: The Origin of Hawala Revisited

Research interest regarding hawala, an informal funds transfer system, has been growing since the outset of the twentyfirst century. As for its origin, a number of authors claims that it has an Islamic origin and likens it to either ḥawāla or suftaja, which are two legal instruments elaborated in Islamic legal texts. This paper challenges that claim, comparing the hawala with ḥawāla and suftaja. The comparison reveals that the hawala does not have a specific counterpart in Islamic legal theory. On the contrary, its validity, nature, and quality are sensitive to and dependent on some minor details, and it may take the shape of diverging legal instruments from the perspective of Islamic law. Therefore, assuming that the hawala hails from and operates according to Islamic law is erroneous, and new-fashioned studies adopting historical and sociological perspectives are necessary to shed light on unanswered questions about the issue.

Hassan Hanafi and Islamic Legal Theory:

Islamic legal theory (popularly known as uṣū al-fiqh in Islamic term) runs into difficulties when dealing with social and humanities issues. Religious texts, according to Hassan Hanafi’s perspective, should not only be positioned as a source of law, but also at the same time must be seen as a phenomenological experiences of religiosity. The dialectic of religious text and today's empirical context needs to be reformulated. By using phenomenological as a methodological tool, Hassan Hanafi makes an effort of reepistemification of uṣū al-fiqh reason into three typologies of consciousness; historical, eidetic, and praxis. These three aspects constitute the discursive relationship to present an anthropocentric dimension in uṣū al-fiqh reason. This article uses qualitative research methods with interpretation criticism approach. This article aims to analyze the new formula offered by Hassan Hanafi’s uṣū al-fiqh reason, and to examine it to criticize the slogan “Back to the Qur'an and Sunna” as a phenomenon of religiosity.
 Keywords: Uṣū al-fiqh, Hassan Hanafi, Phenomenology, Back to the Qur’an and Sunna