PRINSIP ANALOGI (QIYAS) DAN PERDEBATAN ULAMA’ MADZHAB TERHADAP QIYAS SEBAGAI METODOLOGI PENEMUAN HUKUM ISLAM

Abstract

Islam, in the midst of progress in all fields as a result of the creativity, taste and work of humans, is now required for its existence to meet the development of knowledge and technology. The history of the development of Islamic law has taught us that the transformation of social, cultural, economic and even political values ​​has influenced changes in Islamic law. Islamic law is not a standard unification that cannot be interpreted, but rather a normative force that always makes, places, treats or considers the interests of society as the substance of its flexible position, as long as it is not oriented towards sacrificing the nobility of Islamic law. The aim of this research is to find out and understand the concept of qiyas and the pros and cons of madzab scholars regarding qiyas as a methodology for discovering Islamic law. Sources of Islamic law, citing writings from Syamsul Anwar which explains the sources of Islamic law from Al-Gazzali's view. Where the source of Islamic law is based on the Al-Qur'an, As-Sunnah, Ijma', and Ijtihad (reasonable arguments), namely qiyas, according to Sadr Asy-Shari'a's view, qiyas is the transfer of laws contained in ashl to furu' on the basis of illat which cannot be known using the logic of language. Meanwhile, according to Al-Human, qiyas is the legal similarity of one case to another case because of the similarity of legal illat which cannot be known through pure understanding of language. There are several pillars of qiyas that must be fulfilled, including ashl (principal), far'u (branches), ashl law, namely sharia law established by a nash, and 'illat, namely a characteristic found in ashl. With this characteristic, ashl has a law. As for the various types of qiyas, they are qiyas 'illat,  qiyas dalalah, and qiyas shibh. There are differences of opinion regarding qiyas as a methodology for the discovery of Islamic law according to ulama/madzab, including those who accept qiyas as a discovery of Islamic law and there are also those who do not accept it for several reasons. Ulama who accept include four Sunni schools of thought, Muktazilah and Ibadi, Rasyid Ridla. Meanwhile, those who reject qiyas as an invention of Islamic law include Ja'fari, Zaidi, Zahiri and Ibn Hazm.