QIYAS SEBUAH METODE PENGGALIAN HUKUM ISLAM

Authors

  • FATHURRAHMAN AZHARI

DOI:

https://doi.org/10.18592/syariah.v13i1.86

Abstract

As an Islamic law argument, qiyas is a solution to various legal cases which are not explicitly
mentioned in religious texts. Imam Syafi’i is the initiator of the concept of qiyas. In his view, various
legal cases found in Muslim society which are not obviously regulated in religious texts can be solved
through qiyas, either in the form of strong qiyas or weak qiyas. Anybody who knows Arabic, Islamic
law contained in the Quran, the prophetic tradition, the opinions of the early generation of the ulama,
consensus and controversies among them, having high intellectual capacity and sharp analysis in
which he or she can identify obscured facts, can become an al-qais. the qiyas should consist of four
elements the al-ashl, the original law derived from the text, the al-far’, an the legal al-‘illah. An qiyas
should not go beyond relegious texts, because it is merely an exension of them

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Published

2014-09-18

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Section

Articles