Analysis of Factors for Applying Talfiq Concept according to Contemporary Islamic Scholars

ISLAMIYYAT-THE INTERNATIONAL JOURNAL OF ISLAMIC STUDIES(2022)

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摘要
Talfiq commonly refers to combining several views of past scholars from various mazhab (schools of jurisprudence) to create one view. It is not recognized as a source of law by scholars. Most of the muta'akhirin fuqaha (jurists) (who lived after 500 H) specifically refused to implement talfiq concept in any fatwa due to the negative impact on shariah law. Despite that, the talfiq concept is necessary and inevitable due to current realities. Therefore, the study aims to research on the factors for applying the talfiq concept by contemporary (mu'asirin) scholars based on reality. This qualitative study is conducted using methods of collecting data from literature and interviews, and data were analyzed by thematic method. Research finds that the factors of applying talfiq concept are justtfied and legitimate. However, it must adhere to the correct guideline of dawabit law (abstractions of the rules of jurisprudence) to avoid any dispute from element of tatabbu 'rukhas (taking easy opinion following desire without applying tarjih which is shari'e.)
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关键词
talfiq, taqlid, ulama, principles of Islamic jurisprudence, law
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