Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan
Vol 5, No 2 (2018): October

ISTIQRĀ’ DAN PENERAPANNYA TERHADAP AL-QAWĀ`ID AL-FIQHIYYAH

Safriadi Safriadi (Institut Agama Islam Negeri Malikussaleh Lhokseumawe Aceh)



Article Info

Publish Date
30 Oct 2018

Abstract

Al-Qawā‘id al-Fiqhiyyah is a general theory of Islamic law produced through the istiqra’ '(induction) process. But such affirmation has never been done and to do so requires adequate evidence and analysis of the working techniques of al-Qawā‘id al-Fiqhiyyah. The author in this study conducted a study of al-Qawā‘id al-Fiqhiyyah compiled by Tāj al-Din al-Subki in his work al-Asybāh wa al-naẓā‘ir. This research is a library research with an approach to the philosophy of Islamic law. The results state that the work method istiqrā ', namely the principle of thinking that draws conclusions from empirical research on particular events into a unity of universal law. This legal conclusion will be applied (prediction) to the object of the problem which still has relevance to the particular things mentioned earlier. The role of istiqrā 'in the preparation of al-Qawā'id al-Fiqhiyyah in particular al-Qawā'id al-Asāsiyah is to take the essence of the rules of fiqh (furū') which have similarity to illat or wisdom which results are then formulated in general rules which includes cases of particular law below. Besides that, each rule always includes exceptions (muśtanāyat). This form of exception is in terms of the problem of induction in logic.

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Journal Info

Abbrev

mizani

Publisher

Subject

Description

Focus and Scope FOCUS This journal aims to disseminate scholarly works related to research and discussions in the field of Contextualized Islamic Law, contributing to an enhanced understanding of Islamic law. Through the publication of articles and research reports, it seeks to advance knowledge and ...