Nilai Humanistik dalam Fiqh Imam al-Syafi'i
Abstract
The Shafi’i’s legal law pays a big attention to humanistic values, especially dealing with women’s problems. This can be seen clearly in Shafi’i’s books; al-umm, al-risala fi ushul al-fiqh, and exemplar qaul qadim and qaul jadid. The values can be elaborated deeply from the aspect of methodology applied by Shafi’i and the aspect of the legal law produced by Shafi’i. Viewed from the methodological aspect, the use of qiyas (analogy) by Shafi’i can be seen as a clear indication for the existence of humanistic values in the principle of mashlahah. Qiyas is the method of individual interpretation and judgment to handle the problems that can not be found in the two legal texts. Seen from the legal law produced by Shafi’i, the values can be elaborated through these three classifications, namely: (1) Women humanistic values in the matter of property, (2) Women humanistic values in the matter of state law, and (3) Women humanistic values dealing with the problems of marriage
Moraref