Syariah Jurnal Hukum dan Pemikiran
Vol 16, No 1 (2016)

ISTIHSAN: DALIL SYARA` YANG DIPERSELISIHKAN


Noorwahidah, Noorwahidah



Article Info

Publish Date
10 Oct 2017

Abstract

Autenticity of  istihsan as syara` argument disputed by scholars. Group of Hanafiyah, Malikiyah, and most Hanabilah scholars use istihsan as an argument, but Syafi`iyah, Zhahiriyah, Mutazili, and Shia scholars reject istihsan. The dispute happened because the difference of interpreting of istihsan. The scholars who use as argument interpret istihsan as turned away from will of qiyas to more powerful qiyas or specialized qiyas because there is stronger evidence thereof, meanwhile, scholars who refuse define istihsan as all things considered good by the mujtahid by his wits. Substantively all scholars, both who use and who reject istihsan using it in some law conclusion, although scholars who reject not call it as an istihsan. They categorize it as a qiyas.


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Journal Info

Abbrev

syariah

Publisher

Subject

Arts Humanities Law, Crime, Criminology & Criminal Justice

Description

This journal focused on Islamic Law Studies and present developments through the publication of articles, research reports, and book reviews. Syariah specializes on Islamic law, and is intended to communicate original research and current issues on the subject. This journal warmly welcomes ...