304 _______________________________________________________ DOI : https://doi.org/10.33258/birci.v2i1.198 Method of Instinbāth Law of Money Waqf Abu Hanifah Immediate Perspective Mustafa Kamal, Hanafiyah, Nainunis, Safrizal, Munawir, Saipul Bahri Lecturer at Al-Aziziyah Islamic Religion Institute (IAI) Samalanga tgkdrsaiful@gmail.com Abstract : This research should be done to find out how to explore and understand the contents of the text (Instinbāth pattern) of waqf legal money from the perspective of Imam Abi Hanifah. This research rests on the Instinbāth theory of Islamic law in establishing laws for the next generation. The library research uses descriptive analytical methods. The approach used in this study is referring to usul fiqh and Maqāshid al-Syāri'ah. These two approaches are used to analyze how the pattern of Instinbāth of law, as well as the constructs of the fiqh thought of Imam Abi Hanifah. From this study it can be concluded that: the pattern of istinbāth of Imam Abu Hanifah, first, in terms of coverage of nāsh from the three sources of waqf law (Q.S al-Māidah: 103, the narrative of Ibn Masūd, and the hadith of ibn 'Abbās)) dhahir lafadh al-nāsh shows the lack of encouragement of muamalah by carrying out the action of "al-Habsu" (waqf), because he can match the habits of Arab Jahiliyah who are used to the practice of Bahira, Sāibah, Washīlah, and Hām as explained in the Qur'an. Both istinbāth al-Ma'āny, through the approach: Isyārah al-Nāsh, dilālah al-Nāsh, and Iqtidhā 'al- Nāsh (analysis of the relevance of the meaning) according to Imam Abu Hanifah it can be understood that mu'amalah waqf does not contain' luzūm contract '( where an object that has been represented remains in the possessor's ownership with his tasharruf rights). On the basis of this istinbāth according to Imam Abu Hanifah cash may be represented, because in principle the mawqūf (waqf object) remains in the power of belonging to the apostle. Keywords : Instinbāth pattern, Law, Waqf. I. Introduction Usul Fiqh (Shari'ah) at the same time in order to answer the problems faced by the Islamic ummah. Because that as written by Muhyar Fanani, is a very precise statement from a number of legal experts who revealed that: "Usul Fiqh” in Islam is a process of intellectual activity that is comprehensive in order to find, obtain, and at the same time understand the terms contained in the revelation teachings which then transforms the teachings of the revelation into a system that can be implemented in the form of rights and obligations "(Jurisprudence in Islam). The term of the divine will and transforms them into a system of legally enforceable rights and duties). Based on the explanation above, the existence of the science of Ushul Fiqh is very important in an ijtihad activity which will always play a role in providing direction and guidance for a mujtahid (law maker from revelation) when carrying out his duties. Furthermore, if the knowledge of Ushul Fiqh is to talk about methodology and theory used to understand the rules set by Allah (al-syāri'ah), then it can mean how to regulate the steps in ijtihad, starting from the determination of legal arguments Fiqh is an approach, theory and methodology used in fiqh in order to understand the rules set by to be used as istidlāl tools (determine the proposition of an event). Besides that, it will also be noted about the orderly level of istidlāl from the legal arguments that apply in the legal istinbāth method.