Pemikiran Fiqh Ahmad Zahro tentang Istinbâṭ Manhajî sebagai Metode Perumusan Hukum Islam
Abstract: This article
examines how Ahmad Zahro establishes the concept of practical use of istinbâṭ
manhajî in the establishment of Islamic law. In this case, although Zahro
claims himself as a follower of a particular school in the field of fiqh, he
chooses to use the manhajî method, because this method is seen as being able to
provide solutions to contemporary legal problems. The philoso-phical-juridical
foundation built in his fiqh is maqâṣid al-sharî‘ah and al-maṣlaḥah al-mursalah
while considering the level of legal sources as famous among mazhab scholars
respectively; al-Qur’ân, al-Sunnah, qiyâs, al-istiḥlâṣ, al-‘urf, al-istisḥâb,
etc., which are formulated as an operational instrument in istinbâṭ al-ḥukm.
Among Indonesian Muslims, there are differences in approach to the use of
istinbâṭ al-ḥukm; NU ulama use qawlî approach, while Muhammadiyah ulama
frequently use manhajî approach. Therefore, Zahro specifically believes that
what he initiates is an attempt to reconcile approaches of different schools of
Muslim law by highlighting istinbâṭ manhajî as an option to establish an
Islamic law.
Penulis: Siti Maryam Qurotul
Aini
Kode Jurnal: jpperadabanislamdd160012
