Penalaran Ta‘Lîilî dalam Hukum Islam: Telaah Corak Penalaran Hukum Islam dalam Upaya Penerapan Maqâşid al-Sharî‘ah

Aibak, Kutbuddin

ISLAMICA: Jurnal Studi Keislaman
Vol 1, No 1 (2006): Islamica

 Ijtihâd is the third legal source of Islam whose object is all things about whichthe Qur’an and the Sunnah are silent (mâ lâ naşş  fih). From the perspective of the Uşûlal-Fiqh, there have been methods of ijtihâd put forward by the ‘Ulama, which includeqiyâs, istişlâh, istishâb and ‘urf. These methods in the final analysis, should be based onwhat 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 ofmaqâşid al-sharî‘ah, one of which being –and this is the focus of our analysis- the ta‘lîlîmode 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 thetexts of the Qur’an and the Sunnah always mention the reasons when issuing religiousrulings. And this has become the starting point of the mujtahids in resolving various legalissues that they face. They start by discovering first the reasons and then proceed to issuethe ruling. As far as the science of Uşûl al-Fiqh is concerned, qiyâs and istihsân belong tothis ta‘lîlî mode of thinking.