KONSEP PENALARAN METODE TA’LILI TENTANG KASUS KAFFARAT SUMPAH
(Analisis Terhadap Penyaluran Kafarat Bagi Non-Muslim)
The mujtahids did not make, but only found the law. This is because of the belief in Islam that the law is made by God as Ash-Shari'a (legislator). Humans / mujtahids only understand (fiqh) the divine law. The process of understanding the law is called istinbaht al-hukm through intellectual activities called ijtihad. The results of the law diistinbath through ijtihad activities are called fiqh. The purpose of legal discovery must be understood by mujtahids in order to develop legal thought in Islam in general and answer contemporary legal issues whose cases are not explicitly regulated by the Koran and Hadith. Therefore, with various methods applied, it is hoped that it will be able to find laws in solving various problems that arise, this journal will try to describe the method of discovery of the law of ta'lili. Based on the study of ta'lili reasoning concepts about the distribution of oaths against non-Muslims, conclusions can be drawn, namely: First, the obligation to pay the oath of forgiveness contained in the Qur'an surah al-Maidah verse 89, is mukhayyar namely freeing slaves, providing food or clothing, if unable to carry out these three cases, it is obligatory to fast for three days. Secondly, Abu Hanifah r.a. does not require slaves who believe as targets of oaths. Abu Hanifah r.a. does not turn away from the mutahlaq to muqayyad, he acts on a common word (muthlaq). Third, it is permissible to free slaves ahl al-dzimmah (non-Muslims) as an oath of oath and also giving food or clothing to ahl al-dzimmah (non-Muslims). Because of the statement on the issue of distribution of oaths there is no special text that recommends giving it to the believers. Fourth, the giving of oaths of kafarat to ahl al-dzimmah (non-Muslims) in terms of maqâshid is almost the same as giving zakat to converts, namely to persuade their hearts to Islam.