Syarah: Jurnal Hukum Islam dan Ekonomi
Vol. 8 No. 2 (2019): SYARAH : Jurnal Hukum Islam

FIKIH DAN METODE ISTINBĀṬ IBN HAZM

Taufiqul Hadi (Unknown)



Article Info

Publish Date
19 Feb 2022

Abstract

This study describes the relationship of fiqh and istinbāṭ method conducted by IbnHazm. The aim is to see Ibn Hazm's Islamic legal thinking within the framework of theMazhab Al-Zahiri which has been considered literalist and seemingly rigid. In this case,the principle held by Ibn Hazm is based on the consistency of the texts and taking theexplanation of zahir (ẓawāhirun nuṣūṣ) from the Qur'an, Sunnah Rasul, Ijmā’ Sahabara. and al-Dalil. Ibn Hazm rejected takwil which always did not hold on to thenarcissism of the texts, but Ibn Hazm did not forbid the use of figures of speech providedthat there was a sign (qarīnah), in the form of another clear meaning shift. In this case,this shift is considered an "explanation of ẓāhir lafāẓ" (ẓawāhir alfāẓ) not takwil.Judging from his fiqh and istinbath method, it can be concluded that although Ibn Hazmwas a literalist who rejected all models of ijtihād bi al-ra'yi, but when he terminbathedthe law he still could not escape from the logic elements in his ijtihād.Keywords: fikih, Ibn Hazm, istinbath method

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Journal Info

Abbrev

syarah

Publisher

Subject

Religion Humanities Economics, Econometrics & Finance Social Sciences

Description

Syarah: Journal of Islamic Law and Economics invites scholars, researchers, and students to contribute the results of their studies and researchers in the fields related to Islamic law and Economics which includes textual investigations, both in terms of theory and practice of Islamic law and ...