ISTISHABA. Understanding Istishab By language istishab looking for something that is meaningful to do. Meanwhile,
according to the terms Istishab is to establish a case under state law
prior to the proposition that there is a change of the law. According to Ash Syatibi, istishab statutes is set in the past shall remain valid in the present law.B. Kehujjahan IstishabIstishab
dalils Personality 'the latter of which made the Mujtahid as a place
back in knowing the law for an event they are facing.Istishab
also formed the basis of the principles of Shari'a, among others, the
following: the origin of things is that there are provisions in the
original state so that there is a word that change. According to the rules, which means:"As long as everything is allowed"
C. Various Istishab1. Istishab based on reason Under
paragraph 29 letter al-Baqarah, it can set a general rule that
everything created by Allah Almighty on this earth is to the needs and
interests of human beings that can be used as a means to carry out the
task as the vicegerent of Allah on earth. If so then everything is permissible in principle (should not) be used, utilized or dikerja out by humans. This means that the law was permissible arguments remain valid until Personality 'that modify or exclude them. Are
like before the revelation of the surah Al-Midah verse 90, when the
Muslims were not prohibited meminul wine (wine), but after the passage
down the law to drink alcohol became illegal.2. Istishab based on Islamic rules'In
accordance with the provisions of Personality 'that where there has
been a marriage ceremony performed by one of men with a woman and the
contract was complete and the pillars of the terms, then both spouses is
lawful or allowed (permissible) legal to have as a husband- wife. Permissible
decree was valid as long as they were never divorced), although they
have a long separation during which the wife is also forbidden to marry
another man. Stating that the Islamic rules 'that apply to both husband and wife were, in essence affirming Islamic rules' that never set.
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