Qiyas dan Istihsan dalam rasionalitas usul al sarakhsi

Mawardi, Ahmad Imam (2012) Qiyas dan Istihsan dalam rasionalitas usul al sarakhsi. ISLAMICA: Jurnal Studi Keislaman, 7 (1). pp. 85-99. ISSN 2356-2218

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There are two conceptual terms that this paper will try to expose. The first is analogy (qiyâs) and the second is istihsân, an analogy—like method of extrapolating jurisprudential rules. The paper will try to speak of their relationship in the light of al-Sarakhsî’s rational ity. In the field of Islamic jurisprudence, the two concepts are often seen as contradicting to one another. The Shafi’ite jurists are even of belief that using istihsân is legally forbidden for that would contradict the general rules of Islamic law. The paper assumes that despite general view of the jurists that istihsân is an equivocal method it can nonetheless be fitted in to qiyâs. To show that however, the paper would inevitably re-define both qiyâs and istihsân as proposed by al-Sarakhsî. By exploiting the ideas of al-Sarakhsî, the paper hopes that new lights may be shed as far as the richness of Islamic method in jurisprudence is concerned.

Item Type: Article
Additional Information: http://islamica.uinsby.ac.id/index.php/islamica/article/view/128
Mawardi, Ahmad Imam
Uncontrolled Keywords: Qiyas; istihsan; rationality; usul al fiqh
Subjects: 22 PHILOSOPHY AND RELIGIOUS STUDIES > 2299 Other Philosophy and Religious Studies > 229999 Philosophy and Religious Studies not elsewhere classified
Divisions: Pascasarjana > Prodi Doktor Studi Islam (DSI)
Depositing User: Abdun Nashir
Date Deposited: 07 Oct 2021 06:11
Last Modified: 07 Oct 2021 06:11
URI: http://repository.uinsa.ac.id/id/eprint/1384

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