Media Syari'ah: Wahana Kajian Hukum Islam dan Pranata Sosial
Vol 25 No 2 (2023)

Istihsan Qiyas Khafi Indication of Al-Bazdawi in Contemporary Fatwa in Indonesia

Amir, Amri (Unknown)
Siraj, Firdaus (Unknown)
Bahar, Muchlis (Unknown)
Wiza, Rahmi (Unknown)
Salem Al-Saedy, Ibrahim bin (Unknown)



Article Info

Publish Date
31 Dec 2023

Abstract

This research aims to analyze Istihsan qiyas Khafi al-Bazdawi as indicated in contemporary fatwas in Indonesia. What is the concept of Istihsan qiyas khafi al-Bazdawi, and how is it relevant to contemporary fatwas in Indonesia? The research method used is descriptive analysis with a literature study approach sourced from journals, websites, books by al-Bazdawi and his lecturers. The results of the research show that Istihsan qiyas khafi al-Bazdawi is a process of intifa' (taking benefits) on a legal object by using qiyas/illat (legal reasons) khafi (hidden) by removing qiyas/illat jali (real reasons in law), and Istihsan Khafi al-Bazdawi's qiyas are considered relevant to a number of contemporary fatwas of the Indonesian Ulema Council (MUI), including: 1) the prosperity of cash waqf Sukuk, 2) the ease of Sukuk Mudharabah, Murabahah, Musyarakah, 3) the ease of Sweb when fasting, 4) the ease of Vaccine injection while fasting

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Journal Info

Abbrev

medsyar

Publisher

Subject

Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

Description

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