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Evolusi shari'ah dan wacana fiqih :
Shari'ah has always been deemed as an integral part of Muslims life. As a binding and commanding divine law, Shari'ah has in other words been internalized in the being and existence of Muslims through their obidience and regular practice. The question that this paper tries to naswer is whether Shari'ah is divine and transcendent, or is it evolving from being transcendent to becoming mere ideas and legal dictum of the ulama?To delve on this question the paper begins by saying that any legal formulation does stem from observation of social reality. Given the changing nature of social reality-we argue the product of legal extrapolation does exhibit some from of evolution. We further argue that so long as the heart of the divine law is human interest [maslahah] both worldly and heavenly, Shari'ah cannot escape from the law of evolution considering that the interest of the vast span of humanity differs from one setting to another. That is why many jurists speak of the...ifa.
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