FIKIH DAN METODE ISTINBĀT IBN HAZM

  • Taufiqul Hadi
  • Taufiqul Hadi

Abstract

This study describes the relationship of fiqh and istinbāṭ method conducted by Ibn
Hazm. The aim is to see Ibn Hazm's Islamic legal thinking within the framework of the
Mazhab Al-Zahiri which has been considered literalist and seemingly rigid. In this case,
the principle held by Ibn Hazm is based on the consistency of the texts and taking the
explanation of zahir (ẓawāhirun nuṣūṣ) from the Qur'an, Sunnah Rasul, Ijmā’ Sahaba
ra. and al-Dalil. Ibn Hazm rejected takwil which always did not hold on to the
narcissism of the texts, but Ibn Hazm did not forbid the use of figures of speech provided
that there was a sign (qarīnah), in the form of another clear meaning shift. In this case,
this shift is considered an "explanation of ẓāhir lafāẓ" (ẓawāhir alfāẓ) not takwil.
Judging from his fiqh and istinbath method, it can be concluded that although Ibn Hazm
was a literalist who rejected all models of ijtihād bi al-ra'yi, but when he terminbathed
the law he still could not escape from the logic elements in his ijtihād.

Published
2019-12-02