SIGNIFIKANSI KAJIAN TARIKH TASYRI’ DALAM MEMAHAMI PERKEMBANGAN HUKUM ISLAM MASA KINI

Abstract

The study of Tarikh Tasyri' (History of Islamic Legal Legislation) is a fundamental scientific discipline that provides a framework for contextual understanding of Islamic Law (Fiqh). This journal aims to analyze the historical significance of legal methodology from the prophetic era to the modern period and its relevance in responding to contemporary legal challenges. Through a historicalanalytical approach, it was found that the evolution of Tasyri' was marked by a shift from the dominance of naṣṣ (text) to the strengthening of ijtihād (reasoning) and istinbaṭ (exploration of law) by the mujtahids. A comprehensive understanding of Tasyri' periodization-including the role of Ijmā' during the time of Khulafaur Rasyidin, the use of Qiyās and Istiḥsān during the formation of the madhhab, up to the revival of Ijtihād Jamā'ī in the present era-is very crucial. Its main significance lies in the ability to map the sources of ikhtilāf (dissent) and apply the principles of Maṣlaḥah Murlahah responsibly, so that Islamic Law remains adaptive, relevant, and a solution to complex issues such as bioethics, sharia economics, and global environmental law.