Introduction to Sharia

Introduction to Sharia  (Part 1)

Usul Fiqh

25/2/2008 | 16 Safar 1429 H | Hits: 7863

By: Mochamad Bugi

 

Meaning Shari'a

Shari'ah can be called syir'ah. This means that the language is a source of running water that was brought human or animal to drink. The words "syara'a behavior maa'i" means to come to the source of running water or come to the Shari'ah.

Then the word is used to sense the laws of God are revealed to mankind.

The word "syara'a" means the use of the shari'ah. Also the word "syara'a" or "istara'a" means the form shariah or law. In this regard Allah says, "For every people among you (the people of the Prophet Muhammad and the peoples previously) We made the rules (shariah) and the bright path." [QS. Al-Maidah (5): 48]

"Then We made you to be on top of a shari'ah (law) about the matter (religion), then follow the shari'ah, and do not follow the vain desires of people who do not know." [QS.Al-Maidah (5): 18].

"God has mensyari'atkan (set) for you about religion as what has been handed down to Noah." [QS. Ash-Syuuraa (42): 13].

Meanwhile, according to the Shari'ah meaning of the term is "anzalahullahu ma li 'ahkaami minal ibaadihi AAala lisaani rusulihil min kiraami liyukhrijan naasa Nuril dayaajiirizh zhalaami ilan idznihi wa bi yahdiyahum ilash shiraathil mustaqiimi." Means that the laws (regulations) which Allah revealed. through the apostles, the glorious apostles, to humans, so they came out of the darkness into the light, and get directions to the straight path.

If one added the word "Islam" in the rear, so the phrase Islamic law (al-syari'atul islaamiyatu), the term derivative means, "anzalahullahu ma li 'ahkaami minal ibaadihi AAala lisaani sayyidinaa Muhammadin' alaihi afdhalush shalaati was salaami sawaa akaana un bil-Qur-ani am bisunnati rasuulillahi min qaulin au fi'lin au taqriirin. "That is, Islamic law is the law rules) that Allah revealed. to humankind through Prophet Muhammad. in the form of the Qur'an and the Sunnah of the Prophet which form the words, deeds, and decrees, or endorsement.

Sometimes the Islamic Shari'ah is also intended to understanding Islamic jurisprudence. Thus, the general meaning, but meant for a special sense. Ithlaaqul 'aammi wa yuraadubihil khaashsh (commonly referred to when specific intended).

The division of Islamic law

Law revealed through the Prophet Muhammad. for all human beings are divided into three parts, namely:

1. Ilmu Tauhid, the laws or regulations relating to the basics of Islamic belief, which should not be doubted and should really be our faith. For example, regulations relating to the Essence and the nature of God Almighty. to faith in Him, faith to the apostles His angels, His Books, His, and faith in the final day including pleasure and punishment, and faith in the good and bad qadar. Science is tawhid called also Ilmi Aqidah or Kalam Science.

2. Morals science, namely the rules relating to education and improvement of the soul. For example, all the rules that lead to the protection of virtue and prevent evil, ugliness, as we must do right, to keep promises, be trustworthy, and forbidden to lie and betray.

3. Ilmu Fiqh, ie the rules that regulate human relationships with God and man's relationship with one another. Ilmu Fiqh contains two parts: first, worship, namely explaining the laws of man's relationship with his Lord. And the worship is not valid (not accepted) unless accompanied by an intention. Example of worship such as prayer, alms, fasting, and pilgrimage. Second, Artha Graha, which is the part that explains the laws of the relationship between human beings with one another. Fiqh science can also be called Qanun (Law).

Definition of Islamic Fiqh

Fiqh according to the language is to know or understand something. It is like a letter bermaktub in An-Nisa (4) verse 78, "Then why do these people (munafikin) barely understand the conversation (lessons and advice given)."

Prophet Muhammad. He said, "Whoever Allah wills good, then God will memahamkannya in the case of religion."

Faqiih word is the name for someone who knows syara laws' relating to the actions of mukallaf, these laws taken from his theses in detail.

Islamic jurisprudence is the term according to the science of the laws of God for the actions of people mukallaf, the law was mandatory, or forbidden, and so forth. The goal in order to distinguish between obligatory, forbidden, or must be done.

Ilmu Fiqh is taken by ijtihad. Prolegomena of Ibn Khaldun in his writing, Fiqh is the knowledge of the laws of God, in those acts mukallaf (burdened law) as obligatory, forbidden, sunnah, makruh, and Mubah. The laws were taken from the Qur'an and Sunnah as well as from sources other propositions are established by God Almighty. If the laws are excluded from the control-theorem, it is called Fiqh.

The Salaf (earlier) in issuing the laws of the arguments on the results differ from each other. This difference is a must. Because, in general, the arguments are from the texts (basic text) that the wording Arabic-lafazhnya (his words) to show the meaning of disputed between them.

Islamic jurisprudence is divided into six sections:

1. Part of Worship, which is a part of discussing the laws that used to draw closer to God Almighty. and to glorify His greatness, like prayer, alms, fasting, and pilgrimage.

2. Part ahwal Syakhshiyah (al-ahwaalu ash-syakhsyiyyatu), which is a part of discussing the laws relating to the establishment and regulation of the family and all its consequences, such as marriage, dowry, maintenance, divorce (talaq-reconciliation), iddah hadhanah (raising children), radha'ah (nursing), inheritance, and others. By most of the mujtahidin, the second part is inserted into the mu'amalah.

3. Part Mu'amalah (civil law), which is a part of discussing the laws governing property ownership, covenant (contract or agreement), cooperation among people such as the sale, lease rent (ijara), lien (cheap), perkonsian (shirkah), and others who manage business objects price individual, group, and all bearing such rights and powers.

4. Part Hudud and Ta'zir (criminal law), which is part of the talk about the laws relating to crimes, violations, and its legal consequences.

5. Part Murafa'at (procedural law), which is the part that talked about the laws that govern how litigating, disputes, prosecution, and the ways penetapkan an acceptable demand, and in ways that can protect the rights of a person.

6. Part Sirra wa Maghazi (laws of war), which is part of the talk about the laws that govern warfare between nations, set the peace, the charter agreements, documents and relationships with the people of Islam are not Muslims.

Thus, Islamic jurisprudence is the conceptions needed by Muslims to regulate their life interest in all aspects, providing the basics of administrative procedures, trade, politics, and civilization. This means that Islam is not only a religious creed exclusively, but the creed and the laws, religion and state, which applies all time and any place.

In the Qur'an there are 140 verses that specifically includes the laws of worship, about 70 ahwal syakhshiyah verse, verse 70 of muamalah, 30 verses of uqubah (punishment), and 20 verses of murafa'at. There are also verses that discuss the political relations between Islamic countries with non-Muslims. In addition to the Qur'an, the six themes mentioned above laws are also explained by the hadiths of the Prophet. Some hadith strengthen regulations contained in the verses of the Qur'an, in part because there are detailing the Qur'an mentions only globally, and some mentioned a law which is not mentioned dala mal-Qur'an. Thus, the function of the hadith is a description and explanation of texts (text) of the Qur'an that can meet the needs (hukun certainty) of the Muslims.

Law Syara '

Law syara 'is' Maa tsabata bi khithaabillahil muwajjahi ilaal' ibaadi AAala sabiilith thalabi awit takhyiiri awil wadh'i ". That is, something that has been established by the decree of God addressed to man, the establishment by way of demand (thalab), not a choice (takhyir), or wadha '.

Example syara law ', a direct command of God Almighty., "Tegakkahlah prayer and give alms!" [QS. Al-Muzzamil (73): 20]. These verses establish a claim to do, in a way that shows the necessity demands mandatory law of prayers and alms.

Word of God Almighty., "And do not approach adultery!" [QS. Al-Isra '(17): 32]. These verses establish a demand to leave, in a way that shows the law having unlawful commit adultery.

Word of God Almighty., "And when you have bertahallul (shaving), then berburulah." [QS. Al-Maidah (5): 2]. This verse shows a syara law 'season after tahallul (apart from the Hajj pilgrimage). Mukallaf people may choose between doing hunting or not.

What is meant by wadha 'is something that is put into cause or a requirement, or a deterrent to others. For example, the command of God Almighty. "Male and female thief, cut off both hands." [QS. Al-Maidah (5): 38]. This verse shows that the theft was made because of law cut his hand.

The Prophet said., "Allah Almighty. not accept the prayer is not the purity. "This hadeeth indicates that the purity is used as a condition for prayer.

Another example, the words of the Prophet., "Killer can not inherit anything." This hadeeth indicates that the murder was preventing a murderer to inherit property of the slain.

From the information above, we understand that the law syara 'divided into two, namely taklifi law and wadh'i law.

Taklifi law is something that demands to do, or demands to leave, or may choose between doing and leave.

Examples showing the law demands to do: "Take alms of their wealth!" [QS. At-Tauba (9): 103], "Doing the hajj is a duty men owe to Allah, that is for people who can afford the journey to him." [QS. Al-Imran (3): 97].

Examples showing the law demands to leave: "Do not be among you making fun of other people." [QS. Al-Hujurat (49): 11], "Forbidden to you to eat carrion, blood, and pork." [QS. Al-Maidah (5): 3].

Examples showing the law may choose (easy): "When the prayer has been fulfilled, then you bertebaranlah on earth." [QS. Al-Jumu'ah (62): 10], "And when you travel through the earth, then why do not you mengqashar prayer." [QS. An-Nisa '(4): 101].

Wadh'i law is a show that has been made because the decree anything, conditions, and the seminal '(prevention) for a case.

For example: "O ye who believe, if you want to do the prayer, wash your faces and hands up to elbows." [QS. Al-Maidah (5): 6]. The will to do is to make prayer for ablution diwajibkannya.

Sample requirements: "Doing the hajj is a duty men owe to Allah, that is for people who can afford the journey to him." [QS. Ali Imran (3): 97]. The ability is a requirement diwajibkannya pilgrimage.

Example mani '(prevention): Messenger of Allah. He said, "Pena was appointed (not written sin) of three persons, namely from the bed until she woke up, from a small child until he reaches maturity, and from a madman until he recovered (reasonable)." This hadeeth indicates that the crazy is preventing the imposition a legal and a deterrent to legal action.

Taklifi law is divided into two, namely azimah and rukhshah. Azimah is an original law that never changes for a reason and excuse. Like a prayer of people in the house, not a traveler. While rukhshah is a home that became the law changed because of a hitch (excuse). Like the prayer of the traveler.

Azimah includes a variety of laws, namely:

1. Compulsory. An act which has been sued by syara '(God Almighty.) With the demands of necessity. Legal action should be done. For those who do get a reward and those who left a punishment. For example, the fast of Ramadan is obligatory. Therefore, the texts used to prosecute this action is to show necessity. "O ye who believe, fasting obligatory upon you." [QS. Al-Baqarah (2): 183]

2. Haram. Haram is the decree anything which has been sued by syara '(God Almighty.) To be left with the demands of necessity. The statute is void if the work is done and punished. For example, leaving the adultery charges, claims leaving eat carrion, blood, and pork.

3. Mandub (sunna). Mandub is put to work rather than abandoned, with no obligation. Who do receive rewards, which left not a punishment, though there was criticism.Mandub commonly called sunna, sunnah either muakkadah (which strengthened) or ghairu (not) muakkadah (mustahab).

4. Makruh. Makruh is prioritizing abandoned than done, with no element of necessity. For example, forbidden to pray in the middle of the road. Who do not get a sin even if sometimes get criticism.

5. Mubah. Mubah is the mukallaf allowed to vote (by Allah.) Between doing something or leave it, in the sense that no one is given priority. For example, the word of God Almighty. "And eat and drink with you all." Strictly speaking, there is no reward, no punishment, and no blame for doing or leaving dimubahkan actions.

If God Almighty. demanded to a mukallaf to do something that works and deeds done in accordance with that required of him by rukunnya conditions are met, then the act is called authentic. But if one of the requirements or rukunnya damaged, then the act is called ghairush shahiih.

Ash-shahiih is something that if done having the sequence as a result. For example, could a working mukallaf prayers perfectly, rukunnya requirements are met, then the obligations have fallen for him and his dependents.

Ghairush-shahiih is something that does not have sequence syara consequences'. For example, a prayer mukallaf do rukunnya requirements are not met, such as prayer without bowing. Mukallaf obligation to do these prayers have not fallen. Similarly, if you do not pray on time or do without ablution. Acts done not in accordance with the demands of God Almighty. considered not exist or does not do anything.