PARADIGM METHODOLOGY OF LEGAL INSTRUCTIONS IMAM AL-SYAFI'I VERSION (Analytic Study of the Book "al-Risalah")
Published 2024-12-27
Keywords
- Paradigm, Legal Institute, Methodology, Al Risalah
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"Istinbat" in terms of fiqh refers to the process of extracting law from legal sources (Qur'an,
hadith, ijma', and qiyas) by using certain methods of reasoning. Imam Shafii is one of the most
important figures in the history of Islamic fiqh, and one of the four Sunni madhhab imams. The
Book of Ar-Risalah is an important work by Imam Syafii which contains the main points of the
teachings of the Shafii school of thought. In this book, Imam Syafii explains the various
methods of istinbat used in the Shafii school, including: Ijma' (consensus): Law can be drawn
from the consensus of scholars on a particular issue. Qiyas (analogy): Law can be drawn from
cases that are similar to the case being discussed. Istihsan (wisdom): In the case of unclear or
ambiguous cases, it is better to choose the most reasonable and fair approach. Maslahah
mursalah (public interest) ): Laws can be determined based on public interests. Urf (customs):
Laws can be drawn from local community habits. In the book Ar-Risalah, Imam Syafii also
provides guidance on the use of these methods in solving legal problems. However, it should
be remembered that the use of these istimbat methods must be carried out by scholars who are
trained and skilled in the field of fiqh, as they require in-depth knowledge of the sources of
Islamic law.
Keywords: Paradigm, Legal Institute, Methodology, Al Risalah.