Syariah: Jurnal Hukum dan Pemikiran
Vol 13, No 1 (2013)

QIYAS SEBUAH METODE PENGGALIAN HUKUM ISLAM

FATHURRAHMAN AZHARI (Unknown)



Article Info

Publish Date
18 Sep 2014

Abstract

As an Islamic law argument, qiyas is a solution to various legal cases which are not explicitlymentioned in religious texts. Imam Syafii is the initiator of the concept of qiyas. In his view, variouslegal cases found in Muslim society which are not obviously regulated in religious texts can be solvedthrough qiyas, either in the form of strong qiyas or weak qiyas. Anybody who knows Arabic, Islamiclaw contained in the Quran, the prophetic tradition, the opinions of the early generation of the ulama,consensus and controversies among them, having high intellectual capacity and sharp analysis inwhich he or she can identify obscured facts, can become an al-qais. the qiyas should consist of fourelements the al-ashl, the original law derived from the text, the al-far, an the legal al-illah. An qiyasshould not go beyond relegious texts, because it is merely an exension of them

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Journal Info

Abbrev

syariah

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

Syariah specializes on Law and Islamic law, and is intended to communicate original research and current issues on the subject. This journal warmly welcomes contributions from scholars of related ...