ISLAMICA: Jurnal Studi Keislaman
Vol. 7 No. 1 (2012): September

Qiyās dan Istiḥsān dalam Rasionalitas Uṣūl al-Sarakhsī

Ahmad Imam Mawardi (Institut Agama Islam Negeri Sunan Ampel Surabaya)



Article Info

Publish Date
03 Sep 2012

Abstract

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

Copyrights © 2012






Journal Info

Abbrev

islamica

Publisher

Subject

Religion Education

Description

ISLAMICA: Journal of Islamic Studies is a biannually published journal in March and September. It covers various issues on the Islamic studies within such number of fields as Islamic education, Islamic thought, Islamic law, political Islam, and Islamic economics from social and cultural ...