DINAMIKA PROSES PERUMUSAN DAN PEMBAHARUAN HUKUM PERKAWINAN PADA KOMPILASI HUKUM ISLAM (ANALISIS EPISTEMOLOGI SIRKULAR AMIN ABDULLAH)

Siti Hartini Armitha Arifin, S.H., NIM.: 18203010125 (2020) DINAMIKA PROSES PERUMUSAN DAN PEMBAHARUAN HUKUM PERKAWINAN PADA KOMPILASI HUKUM ISLAM (ANALISIS EPISTEMOLOGI SIRKULAR AMIN ABDULLAH). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

This study examines the history of thought behind the formulation of marriage law in KHI to the background of thought in the efforts to reform through CLD-KHI. Based on the initial thesis of this study found three typology of knowledge known as bayani, burhani, and irfani have influence in the formulation of marriage law through the subjectivity of participating figures. In Amin Abdullah's view that contemporary thinking should be integrated harmoniously as a perspective and not give a scientific dichotomy. But in contrast to the tendency of thought in the renewal of the marriage law there is a vagueness of an epistemology and the dominance of an epistemology. In circular epistemology theory of Amin Abdullah suggested that the integration of epistemology is to reconstruct it and adjust it to the context so that there is no longer visible bulkhead of epistemological differences but rather synergize functionally with each other. so that this study aims to explain the dynamics of thought in the initial formulation process until there is an effort to reform the marriage law in the Compilation of Islamic Law and show the forms of epistemology that have synergized with each other according to Amin Abdullah. This research through the use of library research method was approached with historical-philosophical approach in analyzing and in collecting various sources in the literature of scientific work sorted based on the scope of study and critically analyzed using the theoretical framework of Islamic epistemology of Amin Abdullah's idea. The results of this study found the process of formulation of marriage law in the use of epistemology consists of theoretical levels for burhani, methodological levels for bayani, and practical levels for irfani. On the renewal of marriage law both bayani, burhani and irfani are integrated at the theoretical level in exploring the law while in its methodology base is divided into maqashid, nash text, and social context. In addition, this study also found that Amin Abdullah's circular epistemological analysis of the significance of the renewal of marriage law that demands the creation of responsive laws by integrating in one theoretical frame is actually done disproportionately, i.e. only limited to integrating but not yet up to interconnecting each method base with each other.

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