ILHAQ AL-MASA'IL BI NAZAIRIHA DAN PENERAPANNYA DALAM BAHTH AL-MASA'IL
Abstract: Ilh}a>q
al-Masa>’il bi Naz}a>iriha is one of the methods used by Nahdlatul Ulama
in resisting the opinion based on (manhaji) analytical concept of Islamic
jurisprudence (the solution for complex social problems as the main purpose of
Islamic shari’ah). As known that, up to now, ilh}a>q has been understood as
a process of answering a new case by the way of equating to the old one which
is written in the book called al-mu’tabarah. Such ilh}a>q has got many
criticisms both from the definitions, procedures and its epistemogical footing.
This paper is about to reveal how the NU clerics of Islam understand the
concept of Ilh}a>q}, what its epistemological footing was and how the
concept was applied in discussing many cases (bah}th al-masa>’il). Based on
the writer’s study to several documents of decision results of NU that
Ilh}a>q did not only simplify to equate the new cases with the old ones that
have been freely discussed in the books of al-mu’tabarah, but both cases should
have similar legal substance, that is, both should be under the decrees of laws
of al-qawa> ‘id al-fiqhi>yah. Thus, Ilh}a>q is actually answering the
problem by applying al-qawa>‘id al-fiqhi>yah, whereas the formulation
al-qawa>‘id al-fiqhi>yah itself was set off from the examination of a
number of furu>’ generated by qiya> s. This paper also found three
variations of the implementation of Ilh}a>q in bah}th al-masa>’il. First,
the application of Ilh}a>q was without mentioning al-qawa> ‘id
al-fiqhi>yah which covered new cases (mulh}aq) and the old case law that has
been known in the books of fiqh (mulh}aq bih/attached to). Second, the
application of Ilh}a>q was accompanied by mentioning mulh}aq bih and
al-qawa> ‘id al-fiqhi>yah. Third, the application of Ilh}a>q, was only
by the mentioning al-qawa> ‘id al-fiqhi>yah.
Penulis: Luthfi Hadi Aminuddin
Kode Jurnal: jpperadabanislamdd130289
