Pemikiran Fiqh Ahmad Zahro tentang Istinbâṭ Manhajî sebagai Metode Perumusan Hukum Islam

Abstract

This article examines how Ahmad Zahro establishes the concept of practical use of istinbâṭ manhaji in the establishment of Islamic law. In this case, although Zahro claims himself as a follower of a particular school in the field of fiqh, he chooses to use the manhaji method, because this method is seen as being able to provide solutions to contemporary legal problems. The philoso-phical-juridical foundation built in his fiqh is maqâṣid al-shari‘ah and al-maṣlaḥah al-mursalah while considering the level of legal sources as famous among mazhab scholars respectively; al-Qur’ân, al-Sunnah, qiyâs, al-istiḥlâṣ, al-‘urf, al-istisḥâb, etc., which are formulated as an operational instrument in istinbâṭ al-ḥukm. Among Indonesian Muslims, there are differences in approach to the use of istinbâṭ al-ḥukm; NU ulama use qawli approach, while Muhammadiyah ulama frequently use manhaji approach. Therefore, Zahro specifically believes that what he initiates is an attempt to reconcile approaches of different schools of Muslim law by highlighting istinbâṭ manhaji as an option to establish an Islamic law.