طرق استنباط الأحكام في دار الإفتاء بسلطنة بروناي دارالسلام ومجلس علماء اندونيسيا: دراسة مقارنة

Abstract

In this contemporary world, one can encounter a lot of things that have never happend in Prophet Muhammad SAW’s era or found in Al-Qur’-an Al-Karim. To seek the guidance how to treat that thing properly according to the Islamic law, the people should understand the concept of Istinbath al-ahkam. Therefore, the researcher tends to elaborate the concept of Istibath Al-Ahkam especially Istinbath Al-ahkam methodology that is applied by Darulifta’ Brunei Darussalam and Indonesian Council of Ulama. Besides that, the researcher also tries to explain the similarities and differences between the methodology used in those two institutions in order to gain the researcher’s knowledge and the readers. In this research, the researcher uses the theory of inductive approach and collects the empirical data from various sources such as Ushul Fiqh and Fiqh literatures, as well as document, previous researches and fatwas issued by both institutions. The researcher also conduct interview and surveys aiming the officials of Darulifta of Brunei Darussalam and Indonesian Council of Ulama. Afterwards, the researcher analyzes the collected data using descriptive analysis method and arranges them in sub-sections and some points. The most valuable analysis outcome achieved by the author in this research is that both institution issued fatwas based on the basics of Sharia, taking in to account the maqasid sharia in preserving maslahat and preventing mudharat. The researcher hopes that this research will be useful for herself and the readers in general. She also hopes that this will enrich the literature of Brunei Darrusalam and Indonesia.