Not to mention, when they demanded their rights in the form of wages paid below the district or provincial minimum wage standards. This is a legal vacuum in its protection. In the legal aspect, they have no clear protection, are categorized as workers in industrial relations or are workers shaded by the state civil service law. Where honorary workers are workers who are appointed by staffing officials or other officials in the government to carry out certain tasks in government agencies that are paid voluntarily through contractual agreements or in the form of decrees. Workers who are weak in their current bargaining power that has not been resolved legally and whose energy is still needed in the work of the public sphere both government, health and education are honorary workers. Where wages are the pulse of workers and as a form of reward for work carried out on orders from superiors. Habib, BakrIsmaiel, Maqāshid Syariah Ta’shilan wa Taf’ielan, Dakwatul Haq, 2003.Rights disputes often occur in employment relationships in various sectors, mainly related to wages. Husien, Usman, al-Ahkam Al-Islāmiyah al-Mu’āsirah fi Ijtihād al-Ulamā Al-Asiyin, Aceh:Arraniry Press, 2006.Īsyur, Thahir Ibn, Maqāshidasy-Syariah al-Islāmiyah, Kairo: Dar Salam, 2005. Hanafi, Hasan, Min an-Nash ila al-Wâqi’,Kairo: Markaz al-Kitab, 2005. _ dan Jamaluddin Athiyah, Tajdīd al-Fiqh al-Islāmi, Damaskus: Dar al- Fikr, 2000.īilal Philips, Abu Amenah, The Evolution Of Fiqh, Riyadl: International Islamic Publishing House, 1990.Įl-Awwa,’Salim, Daur al-Maqāshid fī at-Tasyrī’at al-Muāshirah, London: al-Furqan, 2006. _,Subul al-Istifadah,Damaskus: Dar al-Maktabi, 2001. _,Maqashid Shariah as Philosophy of Islamic Law, London: IIIT, 2008.Īz-Zuhaily, Wahbah, Taghayyur al-Ijtihād, Damaskus: Dar al-Maktabi, 2000. _,“Teori Konformitas dalam Metode Penemuan Hukum Islam al-Gazzali” dalamAmin Abdullah dkk,Antologi Studi Islam, Yogyakarta: DIP PTA, 2000.Īs-Saghir, Abdul Majid, al-Fikr al-Ushūli wa Isykāliyah as-Sulthah al-Ilmiyah fī al-Islām,Beirut: Darl al-Muntakhab al-Arabi, 1994.Īs-Syatibi, Abu Ishaq, Al-Muwafaqāt fī Ushūl as-Syarī’ah, Beirut: Dar al-Kutub al-Ilmiyah, 2003.Īuda, Jasser,Fiqh Maqashid Inathatul Ahkam Asyariyah,London: IIIT, 2006. _, “Argumentum A Fortiori Dalam Metode Penemuan Hukum Islam”, dalam Studi Hukum Islam, Yogyakarta: Fakultas Syariah, UIN Sunan Kalijaga, 2007. 1, Kairo: Dār al-Fikr al-Islāmy, 1997.Īl-Qaradhāwi, Yusuf, al-Ijtihād al-Mu’āshir bain al-Inzibāt wa al-Infirāt,Kairo:Al-Maktab Al-Islami, 1998.Īnwar, Syamsul, “Pengembangan Metode Penelitian Hukum”, dalam Profetika,Jurnal Magister Studi Islam UMS Surakarta, Vol. Law is element of the existing system and closely related to other elements to achieve a goal of Shari'a.Īl-Banna, Jamal, Nahw Fiqh Jadīd: as-Sunnah wa Dauruhāfīal-Fiqh al-Jadīd, Vol. By using a systemic approach, Jasser makes maqasid sharia as a philosophical frameworks in the process determination of law. Integrative paradigm initiated by Jasser Auda is worthy of consideration in the constellation of ideas and the development of the methodology of ijtihad. As a solution, integrative approach system needs to be encouraged, given the purpose of human law is to benefit afterlife. Third, the law has always been based on a normative-textualis, whereas there are a lot of local knowledge which also carries the philosophical values that are relevant to the purpose of the law. Second, the law understood as a final, not in tandem with social development. Yet in reality, the law is linked with other disciplines, like the social sciences-humanior and natural sciences. Negative assumptions that led to it, namely: first, the law understood as a single entity that is not correlation of other entities. Transformation of thought is realized when the Islamic law as the product of ijtihad was not able to respond to the question of contemporary problems. But in its development, fikih thought undergoes a transformation from taqlid qauli towards taqlid manhaji, from the literalis paradigm to the teleological paradigm. Islamic law is derived from the text (nash) through the analysis of linguists an sich. The ushul fikih thought had stagnated during this time, because it was built from the deductive way of thinking and using the paradigm of which is identical with the positivistic schools.