PEMIKIRAN IBN HAZM TENTANG HUKUM ISLAM

Abstract

This study aims to analyze the principles of fiqhiyyah about fair treatment of both Muslims and non-Muslim communities. This study uses a hermeneutic approach, a study that emphasizes the analysis of a verse text. Hermeneutics is widely used in the study of texts in almost all scientific fields, including: philosophy, art, literature, history, law, and others, including the study of Islamic law. One of the characteristics of Islamic law is its position in the realm of idealism and positivism. Idealism because Islamic law is a law that comes from Allah SWT. and it is said to be positivism because within certain limits Islamic law is always up to date with the times. The results show that the history of the formation and application of sharia is strongly influenced by the conditions in which it was formulated. The implication is that Islamic legal products that actually come from the same text, namely al-Qur'an and al-Sunnah, can produce different legal products when the context of the problem is different. In addition, the different perspectives and approaches used by the ulama in analyzing social reality also have an effect on the legal products produced, so it is not strange if the scholars have different opinions on the same case.