NALAR BURHANI DALAM HUKUM ISLAM (SEBUAH PENELUSURAN AWAL)

AGUS MOH. NAJIB , - (2003) NALAR BURHANI DALAM HUKUM ISLAM (SEBUAH PENELUSURAN AWAL). Jurnal Hermeneia\Vol-2-No-2-2003.

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Abstract

The Contemporary methodologies of Islamic law generally are based on burhani epistemology. Those use the modern branches of philosophy such as hermeneutics, semiotics, anthropology, sociology, and history, as their theoretical framework. In the history of Islamic law, Islamic legal thinkers in Andalusia such as Ibnu Hazm, Ibnu Rusyd, and asy-Syatibi also had ever used burhani epistemology —according to the philosophical thought developing in that time. The article, as an introduction, tries to describe and analyze how burhani epistemology was used by Islamic legal thinkers in Andalusia as theoretical framework to formulate Islamic legal methodologies. By using historical approach, it is concluded that Aristotle philosophy, called as 'Urn al-burhan, was used by Islamic legal thinkers in Andalusia as scientific base and foundation of their Islamic legal methodologies. They used Aristotle logic consistently as theoretical framework, and this certainly had significant implication to the methodological construction. Their Islamic legal methodology generally was based on syllogism (al-qiyas al-jami'), induction method (istiqra'), and those had to refer to final cause (as-sabab al-qa'iy) of syari'ah, named as maqasid asy-syari'ah. Their thought actually intended to using ilm al-burhani (the philosophy and science) as foundation and basic epistemology of Islamic law that Islamic law was based on "certainty" (al-qat'i) not only based on possibility (az-zann).

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