Istihsan: Pengertian, Dasar Hukum, Pembagian serta contoh

Summary

This video explains the concept of Istihsan, a method used in Islamic jurisprudence for legal decision-making. The speaker introduces the different interpretations of Istihsan, starting with its linguistic meaning and moving to its various legal applications based on the Quran, Hadith, consensus (Ijma), analogy (Qiyas), public interest (Maslahah), and customary practices (Uruf). Examples from Islamic law illustrate how Istihsan can provide flexibility in applying legal rulings, adapting to changing circumstances or specific needs. The discussion highlights its importance in Islamic legal tradition and practical life, offering a deeper understanding of the concept.

Takeaways

• 😀 Ihsan is the act of abandoning one legal ruling in favor of another due to a divine reason that requires such a shift.
• 😀 According to linguistic interpretation, Ihsan means to consider something good or leaving behind a clear analogy to explain a less clear one.
• 😀 Ihsan according to Hanafi scholars refers to changing a legal decision when a more specific text or ruling is available.
• 😀 The Quranic verse Surah Az-Zumar (55) highlights the obligation to seek the best actions, which serves as a foundational text for establishing Ihsan as a valid legal principle.
• 😀 Ihsan can be based on different sources like the Quran, Sunnah, or consensus (Ijma').
• 😀 One type of Ihsan is based on the Quran and Hadith, where legal rulings may be adjusted due to specific, clear texts that override general rules.
• 😀 An example of Ihsan from the Quran is the permissibility of a will under certain conditions, such as when the person making the will is near death, as found in Surah An-Nisa.
• 😀 Ihsan can also be based on Ijma' (consensus) where legal scholars agree on a solution that deviates from the general rule.
• 😀 Another form of Ihsan is based on a hidden analogy (Kias Al-Kahfi), where a less clear ruling is preferred because it is stronger and more applicable in practice.
• 😀 Ihsan can also be based on public interest (Maslahah), such as allowing a doctor to view a patient's private parts in emergencies to preserve life or health.
• 😀 Cultural practices (Uruf) that are widely accepted in society, such as hiring someone to nurse a child, can also justify the abandonment of a general legal rule under Ihsan.

Q & A

What is the definition of 'Ihsan' in the context of this script?

Ihsan, according to the script, means to consider something good or to leave a clear analogy (qiyas) in favor of a more obscure one, as well as to leave a simple or flawed rule for a more complex or exceptional one. It involves interpreting a legal issue in a way that aligns with a more beneficial or appropriate outcome, often based on specific religious or legal circumstances.

How is 'Ihsan' interpreted by the Malikiyah school of thought?

In the Malikiyah interpretation, Ihsan is about preferring a rule that involves abandoning the meaning of a text or analogy in favor of a special exemption, especially when such exemptions align with the ease of the religion due to conflicting legal rules.

What does the Hanafi school of thought say about 'Ihsan'?

According to the Hanafi school, Ihsan refers to choosing a specific legal ruling for a case and abandoning others due to the presence of a more specific text or argument that addresses the issue more precisely.

What is the main reason for applying 'Ihsan' in legal decisions?

Ihsan is applied when there is a need to abandon one legal ruling in favor of another because there is a compelling religious or logical reason that necessitates the change or exemption, such as the existence of a specific text or a more suitable interpretation.

What is the role of the verse from Surah Az-Zumar (55) in justifying 'Ihsan'?

The verse from Surah Az-Zumar (55) is cited to show that 'Ihsan' can be a legitimate reason to change a ruling when it leads to a better or more just outcome. It emphasizes that following the best path, as instructed by Allah, is an obligation, thus validating the practice of 'Ihsan' as a way to refine or adjust legal interpretations.

What are the categories of 'Ihsan' according to the speaker?

The categories of 'Ihsan' mentioned in the script include: 1) Ihsan based on Quran or Hadith, 2) Ihsan based on consensus (Ijma'), 3) Ihsan based on analogy (Qiyas), 4) Ihsan based on public welfare (Maslahah), 5) Ihsan based on cultural customs (Urf), and 6) Ihsan based on sovereignty (Hakimah).

What is an example of 'Ihsan' based on Quran or Hadith?

An example given is the issue of 'wasiat' (will) in Islamic inheritance law. The general rule prohibits a person who is near death from making a will if they are incapacitated, but this rule is relaxed based on the verse from Surah An-Nisa (11), which allows for exceptions in certain circumstances.

How does 'Ihsan' based on Ijma' (consensus) apply?

Ihsan based on Ijma' involves abandoning the strict application of qiyas (analogy) in favor of a consensus among scholars. An example given is the ruling on using public bath services, where despite not following exact rules for water usage, scholars agree that it is permissible due to practical concerns.

What does 'Ihsan' based on Maslahah (public welfare) refer to?

Ihsan based on Maslahah involves making exceptions to certain prohibitions when public welfare is at stake. An example is allowing a doctor to view a woman's private parts for medical treatment, which would otherwise be prohibited, but is allowed in the interest of preserving health or saving a life.

How does 'Ihsan' based on Urf (cultural customs) work in Islamic law?

Ihsan based on Urf refers to using well-established cultural customs or societal practices as a basis for legal rulings, provided these customs align with the principles of Islamic law. For instance, paying for the care of a child through wet nursing is considered acceptable because it is a recognized cultural practice.