Mabahits : Jurnal Hukum Keluarga Islam

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This study examines the thought of Ibn ‘A<bidi>n in the discourse of the theory of Islamic law (us}ūl fiqh), particularly on the concept of‘ urf proposition and its implementation in Ibn ‘Ābidīn's fatwas. This study is focused on answering three important things: 1) how the concept of ‘urf proposition according to Ibn ‘Ābidīn; 2) how the variety of ‘urf and its division according to the view Ibn ‘Ābidīn; 3) how Ibn ‘Ābidīn applied the ‘urf proposition in some of his fatwas. The results of the study show that the concept of Ibn ‘A<bidi>n's urf theorem, both in terms of definition, the proposition of the h}ujjah's, the requirements, and the variety of divisions, is essentially nothing new in the activities of the law istinbat. He only tried to maximize the concept of ‘urf and related it in the formation of fiqh law that has been expressed by the previous fuqaha>’ and us}u>liyyi>n. However, Ibn ‘A<bidi>n did not only present the concept of ‘urf proposition specificly to absolute mujtahids, but also presented it in the concept of‘ urf which can also be used by mufti and judges who have not reached the level of absolute ijtiha>d. Ibn ‘A<bidi>n divided the‘ urf in four points of view. First, the division of ‘urf in terms of its laying resources. Second, the division of ‘urf in terms of its form. Third, the division of ‘urf in terms of its validity. Fourth, the division of ‘urf in terms of contradictions with other propositions, either in the form of shar‘i or za>hir's narration of al-madhhab. The first three divisions have been widely reviewed by previous fiqh experts. The final division, in the author's view, is not found from the jurists before Ibn ‘A<bidi>n who examines specifically the division of url contradictions with other such propositions. That is Allah a‘lam. According to Ibn ‘A<bidi>n, when in a situation contradictory to other propositions, ‘urf is sometimes a general ‘urf and special ‘urf. As f