Qiyâs dan Istiḥsân dalam Rasionalitas Uṣûl al-Sarakhsî
Abstract
There are two conceptual terms that this paper will try to expose. The first is analogy (qiyâs) and the second is Istiḥsân, an analogy?like method of extrapolating jurisprudential rules. The paper will try to speak of their relationship in the light of al-Sarakhsîs rationality. In the field of Islamic jurisprudence, the two concepts are often seen as contradicting to one another. The Shafi?ite jurists are even of belief that using istihs?n is legally forbidden for that would contradict the general rules of Islamic law. The paper assumes that despite general view of the jurists that istiḥsân is an equivocal method it can nonetheless be fitted into qiyâs. To show that however, the paper would inevitably re-define both qiyâs and istiḥsân as proposed by al-Sarakhs?. By exploiting the ideas of al-al-Sarakhsî, the paper hopes that new lights may be shed as far as the richness of Islamic method in jurisprudence is concerned.
Moraref