PENTARJIHAN QAUL QADIM PADA MASALAH TATSWIB PERSPEKTIF FIQH AL-IKHTILAF

Abstract

It is a rule in Mazhab Shafi'i that qaul qadim is considered nasakh after qaul jadid. However, according to some of the followers of al-Syāfi'ī, qaul qadim that is nasakh is the opposite of qaul jadid, other than it is considered to be valid. When it comes to qaul jadid, which is in conflict with qaul qadim, the majority of Shafi’iyyah scholars agree that the dialect is qaul jadid. But the fact is that there are still some problems that Fuqaha' Syafi'iyyah has declared using qaul qadim. On the other hand, there is still a mujtahid tarjih that states that the truth of what is stated in the matter is also in the qaul jadid books. The drawing-and-drawing statements above attract deleted from an ikhtilaf perspective. From the case of tatswib that is studied, the author finds that ikhtilaf qaul qadim and qaul jadid on the problem is ikhtlaf tanawwu’, so the logical consequences, both opinions can be implemented according to the concept of ikhtilaf tanawwu’.