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Al-maslahah Menurut Ab㙠HanãŒfah: Karakteristik, Kehujjahan,dan Signifikansinya dalam Berijtihad

By M. (Moh) Mahrus

Abstract

The study of the Islamic law has closer connection to the concept of maqà sid al-sharìah that concern in al-maslahah. Many of theory of al-maêlahah which is available, as the concept in it based on Imam Abu Hanifah€™s perspectives about istihsà n which could be categorized as the al-tashrì` in syari €˜at Islam, both about its characteristics and originality. iIstihsà n is interpreted as the return of the expert of moslem law (mujtahid) from qiyà s al-jà lì to qiyà s al-khà fì. It means that mujtahid return in order that they do not justify a be categorized as the al-tashrì` in syari €˜at Islam, both about its characteristics and originality. iIstihsà n is interpreted as the return of the expert of moslem law (mujtahid) from qiyà s al-jà lì to qiyà s al-khà fì. It means that mujtahid return in order that they do not justify a problem with the provisions of the available law (qiyà s al-jà lì) despite of its €˜illat could be known clearly -but ith influence is less effective as the other law that is contradiction (qiyà s al-khà fì) as well as its problem with the provisions of the available law (qiyà s al-jà lì) despite of its €˜illat could be known clearly -but ith influence is less effective as the other law that is contradiction (qiyà s al-khà fì) as well as its influence is stronger, despite did not appear and the movement is caused by any something that desires it (that is more the advantage. The characteristics of istihsan as following: to verify qiyà s al-khà fì than qiyà s al-jà lì, because there is a supportive proposition; and to influence is stronger, despite did not appear and the movement is caused by any something that desires it (that is more the advantage. The characteristics of istihsan as following: to verify qiyà s al-khà fì than qiyà s al-jà lì, because there is a supportive proposition; and to apply exception of law on the juz€™Ã¬. To make argument on istihsà n is permitted as long as it is not merely follow the carnal lust, and refer to the other proposition which is should be considered as substance of comparison and consideration. apply exception of law on the juz€™Ã¬. To make argument on istihsà n is permitted as long as it is not merely follow the carnal lust, and refer to the other proposition which is should be considered as substance of comparison and consideration

Topics: Indonesia
Publisher: Universitas Islam Negeri Mataram
Year: 2015
OAI identifier: oai:neliti.com:41827
Provided by: Neliti
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