@article{digilib8429,
           month = {January},
           title = {IJTIHAD TA?LILI SEBAGAI METODE PENEMUAN HUKUM ISLAM (TELAAH DAN PERBANDINGANNYA DENGAN ANALOGI HUKUM POSITIF)},
          author = {- MAHSUN FUAD },
            year = {2004},
         journal = {Jurnal Hermeneia{$\backslash$}Vol-3-No-1-2004},
        keywords = {Ta?lili, Metode Penemuan Hukum Islam, Analogi.},
             url = {https://digilib.uin-suka.ac.id/id/eprint/8429/},
        abstract = {Ijtihad ta?lili (causation, qiyasi) is a methodological answers toward new case
uncovered by nas. Many scholars recomandate it as first step has to be possed before using
other approach (that includes in ijtihad bi al-ra?y category). Because, on principle, by illat
analogizing, law produced by qiyas is equel with syara? purpose.
One of fundamental problem of qiyas concept, relates to criteria of which
unmentioned by nas (al-maskut ?anh), i.e. about status of dalalah an-nas (mafh{\=u}m
muw{\=a}faqah, dal{\=a}lah al-dal{\=a}lah, a fortiori argument), wheather it is qiyas or not? Beside
that, juristic difference (ihtilaf) on illat determination has also implicated one thing that is
concidered as illat, but in other hand is not. And also, in identifying attempt of any problem
can solved by this method. These wholly indicated that the concept of qiyas is tied with or
depend on istinbath system inclination of scholars, especially, in effort of nas aim
interpretation.
This article tries to explore ijtihad ta?lili as method of Islamic law discovery.
Although there is still assumption of ijtihad ta?lili scope, including istih s{\=a}n, sad
ad-dar{\=i}?ah and also ?urf, based on former formulation or basic epistem that relates to illat
in the text an sich, this study just limits on qiyas exsplanation. Thus, qiyas in this context is
regarded as ijtihad ta?lili manifestation. As enrichment, this concept will be compered with
similar concept in positive law.}
}