Istiḥsān: Relevansi dan Implementasinya dalam Pergumulan Hukum Islam Kontemporer

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Authors: Ahmad Mafaid, Purnama Hidayah Harahap, Abd Aziz Tambunan
Cited by: 1

Abstract

The development of Islamic law continues to change in line with the evolution of time, both in social aspects and in the fields of science and technology. In practice, there are legal cases that have no basis for their establishment, or whose legal basis cannot be found with certainty, such as zakat income from lectures, which has no concrete basis in the Quran, Hadith, Ijmā’, or Qiyās. This research aims to find the legal basis for this practice thru a study of ushul fiqh. As for the method, it is a descriptive qualitative method, using a case study approach based on events occurring in society. The research findings indicate that Imam Abu Hanifah’s opinion on istiḥsān can address various contemporary issues. Although this thinking emerged due to sociological factors hundreds of years ago, it turns out that the difference in conditions did not become an obstacle and is still relevant to be applied as a legal solution in contemporary times. The implications of this research contribute to the struggles of contemporary Islamic law and serve as a reference for society in daily life in general, particularly in the practices of worship, transactions, politics, science and technology (IPTEK), as well as food, medicine, and cosmetics (POM).

Fields of Study & Subjects

Medical Research and Islamic Perspectives Qur’anic Interpretation Studies Marriage and Family Dynamics

Publication details

Journal / source
BUSTANUL FUQAHA Jurnal Bidang Hukum Islam
Publisher
Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar
Volume
7
Issue
1
Pages
148–167
Publication date
30 April 2026