Penalaran Ta‘Liili dalam Hukum Islam: Telaah Corak Penalaran Hukum Islam dalam Upaya Penerapan Maqaşid al-Shari‘ah
Abstract: Ijtihâd is the third legal source of Islam
whose object is all things about which the Qur’an and the Sunnah are silent (mâ
lâ naşş fih). From the perspective of
the Uşûl al-Fiqh, there have been methods of ijtihâd put forward by the ‘Ulama,
which include qiyâs, istişlâh, istishâb and ‘urf. These methods in the final
analysis, should be based on what is commonly known as maqâşid al-sharî‘ah
(human interest) when put into practice. When ijtihad is undertaken
furthermore, two modes of thinking are normally born out of maqâşid
al-sharî‘ah, one of which being –and this is the focus of our analysis- the
ta‘lîlî mode of thinking. The ta‘lîlî mode of thinking is about discovering the
reasons (‘illah) behind certain religious rulings. It comes into existence as a
result of the fact that the texts of the Qur’an and the Sunnah always mention
the reasons when issuing religious rulings. And this has become the starting
point of the mujtahids in resolving various legal issues that they face. They
start by discovering first the reasons and then proceed to issue the ruling. As
far as the science of Uşûl al-Fiqh is concerned, qiyâs and istihsân belong to this
ta‘lîlî mode of thinking.
Keywords: ijtihad, maqasid
al-shari‘ah, ta‘lili mode of thinking,
qiyas, istihsan
Penulis: Kutbuddin Aibak
Kode Jurnal: jpperadabanislamdd060005
