ISTIHSAN SEBAGAI METODE ISTINBATH HUKUM DALAM PERSPEKTIF MAZHAB HANAFI

Abstract

Istihsan is one of the methods of legal istinbath that has an important position in the fiqh tradition, especially in the Hanafi School. This method is understood as an effort to leave general legal provisions to provisions that are considered stronger based on special postulates, benefits, or considerations of needs. In the Hanafi School, istihsan is not only seen as a problem-solving technique, but also as a way to keep the application of the law from being trapped in rigid qiyas and potentially causing injustice. The thinking of Abu Hanifah and his disciples shows that Islamic law must be able to answer problems in society without ignoring the principles of sharia. Therefore, istihsan is one of the important instruments for them in formulating more adaptive and realistic laws. In the modern era, when social dynamics and legal issues are increasingly complex, the study of istihsan from the perspective of the Hanafi School has become increasingly relevant. This research aims to explain the concept of istihsan, its epistemological basis, and its application in Hanafiyah thought, so that it can contribute to the development of responsive and contextual Islamic law.