Istiḥsān dan Perannya dalam Eksplorasi Nalar Hukum Islam

Abstract

This research aims to describe the history of the emergence of istiḥsān as a source of Islamic tasyri' and outline the argumentative position (hujjiyah) of istiḥsān among scholars across schools of thought. This research is library research using descriptive and qualitative methods. The results of the research show that istiḥsān, as a method of ijtihad using ra'yu, had its initial seeds discovered during the time of the Prophet's companions. Although it had not yet become an independent discussion, it later became an independent method after entering the era of the mujtahidin imams, especially in the hands of Abū Ḥanīfah. Istiḥsān can actually be said to represent the convenience provided by Islam through its Shari'a, especially istiḥsān, which is associated with emergency conditions and 'urf. In general, it can be said that the differences of opinion of the ulama regarding the validity of istiḥsān are editorial in nature and not substantial. Because scholars who adhere to istiḥsān do not intend to base it solely on lust. Meanwhile, those who rejected it were also motivated by their caution so that the mujtahid would not be trapped in the despicable use of ra'yu. Therefore, we have also discovered that al-Syāfi'ī - who is considered to be the scholar who first questioned istiḥsān - apparently also used it in his various ijtihads.