Qiyas dan Istihsan dalam Rasionalitas Usul al-Sarakhsi
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 rationality. 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 into 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.
Keywords: Qiyâs; istiḥsân;
rationality; uṣûl al-fiqh
Penulis: Ahmad Imam Mawardi
Kode Jurnal: jpperadabanislamdd120066
