QIYÂS DAN ISTIHSÂN DALAM RASIONALITAS USÛL AL-SARAKHSI

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Mawardi, Ahmad Imam (2012) QIYÂS DAN ISTIHSÂN DALAM RASIONALITAS USÛL AL-SARAKHSI. ISLAMICA: Jurnal Studi Keislaman, 7 (1). pp. 85-99. ISSN 2356-2218

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Abstract

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

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Item Type: Article
Creators:
CreatorsEmailNIM
Mawardi, Ahmad ImamUNSPECIFIEDUNSPECIFIED
Subjects: Hukum Islam
Keywords: Qiyâs; istihsân; rationality; usûl al-fiqh
Divisions: Karya Ilmiah > Artikel Jurnal
Depositing User: Users 225 not found.
Date Deposited: 18 May 2016 05:59
Last Modified: 20 May 2016 00:24
URI: http://digilib.uinsa.ac.id/id/eprint/6553

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