ESENSI AL-MASHLAHAH AL-MURSALAH DALAM TEORI ISTINBAT HUKUM IMAM SYAFI'I

Authors

  • NOORWAHIDAH NOORWAHIDAH

DOI:

https://doi.org/10.18592/syariah.v13i1.88

Abstract

Imam Muhammad bin Idris asy-Syafi’I does not use al-mashlahah al-mursalah as one of the
methodologies in making his law. He personally believes that the problem of laws, which do not have
nas explicitly in the Holy Al-Qur’an or hadist, can be solved through ijtihad. The ijtihad is qiyas. Imam
Muhammad bin Idris asy-Syafi’I divides qiyas into three kinds: qiyas aqwa, qiyas musawi, and qiyas adh’af.
His concept of qiyas is elastic and flexible enough to be able to solve the problem of laws in every
place and time. In qiyas, there is the essence of al-maslahah al-mursalah

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Published

2014-09-18

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Articles