Volume 8, Issue 4, October 2014, Pages 1545–1553
A. A. Miftah1
1 Lecturer in Syari'ah Faculty at IAIN Sulthan Thaha Saefuddin Jambi-Sumatera, Indonesia
Original language: English
Copyright © 2014 ISSR Journals. This is an open access article distributed under the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
Qiyas as a method of discovery and excavation of Islamic law has been formulated with very well by Imam Shafi'i still be an intellectual debate among scholars. Ibn Hazm was one of the scholars who refuse the use of Qiyas to find and dig in the legal texts. The refusal of Ibn Hazm on Qiyas due to the results obtained with the formulation of the laws Qiyas method still can't give legal certainty. This refusal is influenced by al-Shafi'i's refusal on Istihsan. The refusal of Ibn Hazm on Qiyas is part paved the way for the development of Islamic law in the contemporary world today. There are at least two models of the development of Islamic law to do, namely the development of Islamic law that is still based on and grounded in the discovery and excavation methods of the old law that has been generated by previous scholars of Islamic law and the development of an entirely separated from the product of thought scholars' earlier. Two models are equally important in producing the formulation of Islamic law that is able to adapt to changing social, cultural, political, and economic as well as advances in science and technology today.
Author Keywords: Ibn Hazm, refusal, qiyas.
A. A. Miftah1
1 Lecturer in Syari'ah Faculty at IAIN Sulthan Thaha Saefuddin Jambi-Sumatera, Indonesia
Original language: English
Copyright © 2014 ISSR Journals. This is an open access article distributed under the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
Qiyas as a method of discovery and excavation of Islamic law has been formulated with very well by Imam Shafi'i still be an intellectual debate among scholars. Ibn Hazm was one of the scholars who refuse the use of Qiyas to find and dig in the legal texts. The refusal of Ibn Hazm on Qiyas due to the results obtained with the formulation of the laws Qiyas method still can't give legal certainty. This refusal is influenced by al-Shafi'i's refusal on Istihsan. The refusal of Ibn Hazm on Qiyas is part paved the way for the development of Islamic law in the contemporary world today. There are at least two models of the development of Islamic law to do, namely the development of Islamic law that is still based on and grounded in the discovery and excavation methods of the old law that has been generated by previous scholars of Islamic law and the development of an entirely separated from the product of thought scholars' earlier. Two models are equally important in producing the formulation of Islamic law that is able to adapt to changing social, cultural, political, and economic as well as advances in science and technology today.
Author Keywords: Ibn Hazm, refusal, qiyas.
How to Cite this Article
A. A. Miftah, “Refusal on Qiyas and Implications for Development Contemporary Islamic Law (Study on the Ibn Hazm Critics to Qiyas),” International Journal of Innovation and Applied Studies, vol. 8, no. 4, pp. 1545–1553, October 2014.
