Garis Panduan Pendalilan Berasaskan Ayat al-Ahkam dalam Penghujahan Hukum Islam Semasa di Malaysia

Guidelines for Deriving Evidence Based on Āyāt al-Aḥkām in Contemporary Islamic Legal Reasoning in Malaysia

Abstract

Deriving legal evidence based on Āyāt al-Aḥkām in contemporary Islamic legal reasoning must be guided to ensure it proceeds according to the methodology established by the scholars. These guidelines do not represent a detailed restatement of the elements discussed in works of Uṣūl al-Fiqh, but rather outline general steps that should be observed by a mufti or researcher when employing such textual evidence as proof in determining rulings for contemporary Islamic issues. The absence of such guidelines may have significant implications for the rulings issued. The formulation of these guidelines is based on two essential elements, namely the tools for understanding the text (adawāt fahm al-naṣ) and the semantic implications of wording (dalālat al-alfāẓ), in addition to several other technical aspects of legal reasoning. This article proposes a general framework of guidelines, accompanied by simple examples, for using verses of Āyāt al-Aḥkām as evidence in addressing contemporary Islamic issues. These guidelines may benefit muftis, Shariah research panels, researchers, and those directly involved in the formulation of fatwas and their legal articulation in determining rulings for current Islamic issues in this country.