PENGGUNAAN KONSEP TALFĪQ SEBAGAI SALAH SATU KAEDAH PENYELESAIAN HUKUM SYARAK: SATU ULASAN LITERATUR

Abstract

The scenario of the ummah currently is moving rapidly, causing
the scholars to act fast in providing the best solutions for every
problem arise. The concept of talfīq is a method frequently used
by scholars nowadays although it is not categorized as one of
the sources of Islamic law. Talfīq can be defined as mixing or
combining various opinions of scholars in a specific problem
without being bound to any of the madhhabs (schools of law).
This concept still needs clarification from the experts of Islamic
law, particularly the discussions on the arguments among the
scholars. The scholars in the past strongly opposed the usage
of this concept. However, the current development of Islamic
jurisprudence has popularized the use of talfīq, making reference
to all madhhab possible. This study found that the concept of talfīq
requires further explanation as far as discussions on its authority,
so that an accurate assessment can be made on whether to
support the implementation of the talfīq or totally disapproved its
use. Positive and negative impact from the use of talfīq will also
need to be emphasized in order to act as a guidance for scholars when using this concept in the process of providing legal solution
in Islamic law