APPLICATION OF QIYAS METHOD IN CONDUCTING ISTINBATH OF ISLAMIC LAW

PENERAPAN METODE QIYAS DALAM PELAKSANAAN ISTINBATH HUKUM ISLAM

Abstract

This thesis is entitled Application of Qiyas Method in Instinbath (Determi-nation) of Islamic Law. Islamic law can sometimes be known through the sound of the nash, namely the laws that are expressly stated in the Qur'an and Hadist, there are times when it must be explored through careful understanding of the meaning and content of the nash. This can be obtained through the qiyas approach. Qiyas means bringing together something for which there is no legal text with another thing for which there is a law because of the similarity of the law's illat. In studying and correlating between two laws that have this, between a problem that does not yet have a law with something that has a law that can be compared as expected by the author, the author uses the approach method and data collection method. The approach methods include: sociological approach, normative positive law. While the data collection method uses library research, namely direct quotation and indirect quotation. The results of the literature review show that Qiyas is the application of the law of anal-ogy to the law of something similar because the principle of similarity of illat will give birth to the same law. Thus qiyas is a natural thing and is determined based on clear reasoning, because the principle of qiyas is to connect two problems analogically based on the similarity of the causes and properties that make it up. If the analogical approach finds similari-ties between the causes and characteristics of the two problems, then the consequence must also be the same ruling.