Penalaran Ta‘Lîilî dalam Hukum Islam: Telaah Corak Penalaran Hukum Islam dalam Upaya Penerapan Maqâşid al-Sharî‘ah

Abstract

Ijtihâd is the third legal source of Islam whose object is all things about which the Qur’an and the Sunnah are silent (mâ lâ naşş fih). From the perspective of the Uşûl al-Fiqh, there have been methods of ijtihâd put forward by the ‘Ulama, which include qiyâs, istişlâh, istishâb and ‘urf. These methods in the final analysis, should be based on what is commonly known as maqâşid al-sharî‘ah (human interest) when put into practice. When ijtihad is undertaken furthermore, two modes of thinking are normally born out of maqâşid al-sharî‘ah, one of which being –and this is the focus of our analysis- the ta‘lîlî mode of thinking. The ta‘lîlî mode of thinking is about discovering the reasons (‘illah) behind certain religious rulings. It comes into existence as a result of the fact that the texts of the Qur’an and the Sunnah always mention the reasons when issuing religious rulings. And this has become the starting point of the mujtahids in resolving various legal issues that they face. They start by discovering first the reasons and then proceed to issue the ruling. As far as the science of Uşûl al-Fiqh is concerned, qiyâs and istihsân belong to this ta‘lîlî mode of thinking.