PENALARAN USHUL FIQH IBNU HAZM (Analisis Penolakan Illat dan Qiyas Sebagai Dalil Hukum Islam)

Abstract

Ibn Hazm al Qurthubi is among the opponents of the use of illat
and qiyas arguing that nash of al-Qur’an and Hadith can be
applied to any problems simply by understanding ma’na and
dhahir of texts. Reasoning of musbit al-Qiyas (the proponents of
Qiyas) that syari’a does not provide answer to all problems is a
false logic according to Ibn Hazm since this argument contradicts
to al-Qur’an’s statement. Whoever uses qiyas as a legal reasoning
is similar to believing that Qur’an is failed to provide guidance. In
the process of legal reasoning, Ibn Hazm would refer to al-Qur’an,
Hadith and Ijma’. Should those three sources do not provide the
answer, he used dalil by understading the hidden meaning of the
texts.