A. understanding Istihsa
1. According to the language
Istihsan terms of the language is to assume something is good.
2. According term
While the terms of the term istihsan significant turn from the jalli tutunanan qiyas (real) to the guidance of the Kaffi qiyas (faint), or of the law Kulli (general) to istisnaiy law (exceptions) there is the argument that led to denounce his mind and no one turned away from him .
B. Various istihsan
1. Istihsan with nash
That is the case on any issue that shows that contrary to the law and set different kaedah having texts from Allah SWT.
2. Istihsan by Ijma '
Istihsan with Consensus is a transition from one-on-one legal problem that has become common to the legal kaedah diistinbat through ijma.
3. Istihsan with emergencies
That is when a mujtahid saw an emergency or a benefit that led to his leaving the qiyas, in order to meet the basic need of emergency or prevent kemudharatan.
4. Istihsan with 'urf
That leaves what the consequences qiyas towards another law differently because 'urf prevailing, whether' urf which are words and deeds.
C. Kehujjahan istihsan
Jumhur Malikiyah scholars, Hanafiyah and hanabillah determined that istihsan syari'i is a proposition that can be used as proof to establish laws to decree anything that defined qiyas or generality nas.
While the group refused istihsan Syafi'iyah because berhujah with istihsan considered establishing a law without a strong foundation based merely just desires.
Referensi :
Ø Rachmat Syafe’i,ilmu ushul fiqh.Pustaka Setia
Ø Abdul Wahhab al-Khallaf, ‘ilmu Ushul Fiqh
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