Qiyās on Rukhṣah and Its Impact on Solving Contemporary Muʿāmalāt Issues: A Jurisprudential Analysis

Qiyās is one of the acceptable adillah (proofs) in Islam for deriving Sharīʿah rules. According to the view of Imām al-Shāfiʿī and other Uṣuliyyūn (Uṣūlī scholars), qiyās can be applied in all areas of Islamic law including rukhṣah matters, especially in muʿāmalāt and Islamic finance, as long as the ʽillah in the laws is found. Although the topic of qiyās on rukhṣah is very important as it explains the process of qiyās and its scope and limitations, this topic has yet to be sufficiently discussed by researchers. Therefore, this study attempts to examine this topic and its role in istidlāl/deduction of law process, especially in the muʿāmalāt and Islamic finance area. The study is based entirely on library research. It finds that qiyās on rukṣah plays an important role in deriving new Sharīʿah rules based on the existing cases from the Qurʾān and Sunnah. For qiyās on rukhṣah in muʿāmalāt and Islamic finance matters, the study finds that it is very important to consider urgent needs and difficulties, especially in the current economic situation. This is because rukhṣah is a form of relaxation due to constraints and difficulties in the execution and implementation of a Sharīʿah law, and in the current economic context, where there are many constraints arising because of the dominating conventional monetary system, qiyās on rukhṣah is indispensable. Among the most important research findings are the permissibility of baiʽ al-ʽarāyā in selling raisin with grape, the right of withdrawing hibah assets being extended to other than fathers, the acquisition of shares of companies involved in the production of medicine made from excretory/najis elements, and the permissibility of holding Sharīʿah non-compliant shares in loss situations and others.