Istihsan as a Finding Method of Progressive Islamic Law in the Industrial Revolution Era 4.0
Year: 2021
Type: article
Abstract: The rapid development of generations and science raises various new problems that are not only solved by the legal sources of the Qur'an and Hadith. Istihsan is a way of finding Islamic law, which is used as a proposition (dalil) in Hanafi fiqh. The article examined the role of istihsan as a finding method of progressive Islamic law. The research was descriptive-analytical with a normative approach. Istihsan is another decisive option in finding Islamic law, because many contemporary things in the era of the industrial revolution 4.0, such as eye transplant law, buying and selling without qabul lafdzi at mini markets, and transactions on vending machines and online shops have been completed using the istih}san method, as well as establishing the laws. The essential goal of istih}an is to eliminate madorot (harm) and achieve maslahah (benefits). While maslahah is the goal of value in the establishment of progressive Islamic law. istihsan is very possible be developed and modified as a method of establishing a law that is dynamic and develops following the times.
Source: eL-Mashlahah
Authors: Diky Faqih Maulana, Abdul Rozak
Institution: Sunan Kalijaga State Islamic University Yogyakarta
Language: English
Subfield: Religious studies
Field: Arts and Humanities
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4200453826