Understanding Fiqh (part 1)
19/2/2008 | 10 Safar 1429 H | Hits: 2896
dakwatuna.com - Al-Fiqh is a set of laws that must syar'i held by every Muslim in practical life. These laws include personal and social affairs, including:
- Al-Worship, the law relating to prayer, pilgrimage and alms.
- Al-ahwal al-Syahsiyyah, the law relating to the family from beginning to end.
- Al-Mu'amalat, the law relating to human relationships with each other as the covenant of law, property rights, and others.
- Al-Ahkam as-Sulthaniyah, the law relating to state and people relations.
- Harbi wal Ahakmus silmi, namely that govern relations between states.
Indeed the complexity of Islamic fiqh of these problems and the like asserted that Islam is a way of life that not only regulate religion, but also set the state.
Where Syar'i laws dug?
The Muslims are unanimously agreed that the reference of every Muslim to explore the laws of Islam is the Qur'aan and Sunnah. Differences of opinion occurred in the legal sources, namely, ijam ', qiyas, istihsan, maslahah mursalah, and al-urf (custom adab).
In fact the sources of these different remains to refer to the Qur'aan and Sunnah as well. From that can be said that the Qur'an and Sunnah are the two references every Muslim to know the Islamic law. This does not mean that we reject any other legal sources, because the sources of law that any other reference to the Qur'an and Sunnah.
Legal various Syar'i
Syar'i law there are two kinds, namely:
1. Qath'iy, namely a set of laws that shown by the Qur'an and Sunnah to the conclusion that qath'iy (sure), such as:
• The obligation to pray, the word of God.: وأقيموا الصلاة
• The obligation of fasting, from the word of God: فمن شهد منكم الشهر فليصمه
• Obligation of Zakah, the word of God: وآتوا الزكاة
• Liability pilgrimage, from the word of God: ولله على الناس حج البيت
• Prohibition of usury, from the word of God: وذروا ما بقي من الربا
• Prohibition of adultery from the word of God: ولا تقربوا الزنا
• Prohibition of wine, from the word of God: فاجتنبوه لعلكم تفلحون
• The position of intentions, because the words of the Prophet: إنما الأعمال بالنيات
Legal qath'iy syar'i this nature there is no opportunity slip (difference of opinion) among the Muslims in the level of the clergy, schools, and people in general. Therefore, it is the religious laws that are accepted as axiomatic necessity (certainty). And the number is relatively smaller compared with the zhanniy syar'i law.
2. Zhanny, include, first, a set of laws that shown by the Qur'an and as-Sunnah with zhanniy conclusions (hypotheses), and second, a set of laws that was unearthed by scholars from sources other syar'i with berijtihad.
Among the first section is an example:
• The size of the head which required smears done in the purification ritual: the whole head according to Imam Malik and Ahmad, according to some fairly Abu Hanifa and Ash-Shafi'i. This is because the letters "ba" in the word of God can be understood وامسحوا برؤوسكم with understanding, and not limited on one meaning.
• The distance travelers who travel permit for people who break their fasting and prayer mengqashar. Four posts (approximately 90 km) by Madzhab Malikiy, Syafi'iy, and Hanbali, because of the hadeeth narrated by al-Bukhaari bahwasannya Ibn Umar and Ibn Mas'ud r.aa both mengqashar prayer and fasts in the distance four headings.According Madzhab Hanafiy distance is a journey of three days (approximately 82 to 85 km) for Al-Bukhari hadith which reads, is not lawful for a woman who believes in Allah and the Last Day to travel as far as three days without a mahram.
And obviously, that the deduction from the above hadith is zhanniy (hypothesis).
Whereas the second type is an example:
• Wife of missing persons is not known whether still alive or already dead. Ijtihad Madzhab Hanafi and Shafi'i decided that she was waiting for that people the same age as her husband was dead, so as to conclude that her husband was dead, and when it had been decided the end of the status of husband and wife allowed to marry other people. The evidence is that the missing man had been alive. And the principle he is still alive so that there is the argument of his death. This is the proposition that ijtihadiy is zhanniy. While in ijtihad Madzhab Malikiy, can be decided end of the status of husband and wife lost a husband and wife in accordance with the request after a period of four years passed away in peace (not war) and one year in a state of war. The evidence for benefits is to maintain his wife and prevent - bad thing for him, to avoid losses resulting from the hold in a state dependent. This is also ijtihadiy and zhanniy.
History of the Islamic Fiqh
1. In The Messenger of Allah.
Messenger of Allah. during his lifetime to be a reference every Muslim to know the law of his religion. Whether the law was taken from the Qur'an and the Sunnah; which includes actions, words, and ketetapannya. The laws that Allah has commanded the law of God which is shaped qath'iy although understanding the verses of the Qur'an or commentary. Because the Prophet's role is to explain the Qur'an. Word of God, "And We sent down to the Qur'an in order that you explain to mankind what has been revealed to them and so they think." (Surat an-Nahl: 44).
But the friends are not always close to the Prophet, because of the friends there is a traveler or resident in a distant country, so not all the time to ask about the religion law that appears. So, what can they do if something goes wrong? The friends berijtihad limited their ability and knowledge of Islamic laws of the Islamic principles of a general nature. So when I saw the Messenger of Allah, they were asked about what he faced. Prophet confirmed the possibility of their ijtihad, or straightened if there is an error.But the Prophet never once rejected the principle of ijtihad them.
For example as experienced by Ammar ibn Yasir. Ammar ibn Yasir ra said, "Allah sent me perform one task, then I junub and did not find water. Then I rolled on the ground like an animal. Then I met the Prophet and I was told this, then the Prophet said: Verily is enough for you with both hands. Then Nabi slammed his hand on the ground with a single clap, then rub the left on the right hand, back of hands and face. "(Narrated by Ash-Syaikhani with Muslim editor).
Sometimes a group of friends so as ijtihadnya different when the problem was submitted to the Messenger of Allah., He set a correct ijtihad and explain the error is wrong.Once, the Messenger of Allah. received two conflicting ijtihad, that is, when the Prophet ordered the Muslims to go to the Children Quraidhah with words, "Let no one who prays ashar Quraidhah except in Bani." (Read more of this hadeeth narrated by al Bukhariy in Kitaab Maghaziy).
The Muslims immediately set out, and ashar time running out before they reached the Bani Quraidhah. There are some who berijtihad and pray in the street so as not to miss time ashar. They said that the Messenger of Allah. Does not want us to pray ashar mengakhirkan past time. And the other with no prayer berijtihad ashar so until the Bani Quraidhah accordance with instructions of the Prophet, so they ashar after evening prayers. So when it came to the Prophet, the Prophet did not deny the two groups.This indicates the possibility of multiple truths syar'i law to a legal problem.
2. Since the Death of the Prophet Imam Four Until Death Madzhab
After the Messenger of Allah. died and new areas of Islam is very broad, start the Companions of ijtihad needs to rise sharply. This is caused by two things:
1. The entry of Islam into a new society to make dealing with the problems of Islam that never happened in the time of the Prophet., There is no revelation to come down, and there is necessity to know the religious laws and explanations.
2. A Prophet's companions did not know the entire Sunnah. Because the Messenger of Allah. delivered or a law practice in front of some shar'i friends, or even in the presence of only one friend, not covered by the overall best. This has led some of the problems berijtihad friend does not know of the Prophet., At the same time another friend might receive direct syar'i law of the Prophet's.
The distance between the friends that apart after the death of Umar ibn Al-Khattab ra, open space appearance of the two madrassas (schools) that differ in digging fiqh:
1. Madrasatul Hadith in the Hijaz, so called because most of them cling to the history of hadith. Hijaz is the first Islamic lands. Each population sometimes has one or more of hadith. As the nature and problems of people who did not undergo many changes, so does not require ijtihad.
2. Madrasatur-ra'yi in Kufa. So called because many uses of reason in law recognize syar'i. This hadith terpulang to at least result little friends there, and because of the many new problems in the new society that is not basic at all.
At first the difference between the two madrassas were very sharp. Only then narrowed along with the development time, especially after the hadiths were written and published in book form (the accounting books of hadith). Plus the seriousness of the scholars to refine and explain what is authentic, dhaif (weak), and false, so not much need opinions except when there are no texts for the problems that arise. berijtihad The texts in the plot itself was at Madrasatul as found in the Hadith Madrasatur-ra'yi.
In this phase of development occurred very large fiqh and became a separate science by showing great scholars known. They are scholars of four schools, namely:
1. Abu Hanifa, An-Nu'man ibn Thabit (80-150 AH) known as Al-Imam Al-A'zham (great scholars), came from Persia. Holders ahlur-ra'yi leadership, the originator of thought istihsan (assume good thing), and make it as one of the sources of Islamic law. Hanafi whom ascribed.
2. Malik ibn Anas al-Ashbahi (93-179 AH). He was the Imam that combines expert Medina between hadith and thinking in fiqihnya. He was the originator of the term al-mashalih al-mursalah (goodness that is not mentioned in the text) and make it as a source of Islamic law. Ascribed to him that Madzhab Maliki.
3. Muhammad ibn Idris ash-Shafi'i Al-Qurasyi (150-204 H). Madzhabnya closer to the People of hadith, although it took a lot of knowledge from the followers of Abu Hanifa and Malik ibn Anas. Syafi'iy Madzhab whom ascribed.
4. Ahmad ibn Hanbal Ash-Syaibaniy (164-241 H). He is a disciple of Imam Shafi'i, and closer to madzhabnya Ahlul Hadith.
And the fact that before the emergence of these priests, with and after them, there are great scholars who did not lose its role, especially among the clergy friends, such as Abdullah ibn Mas'ud, Abdullah ibn Abbas, Abdullah ibn Umar and Zayd ibn Thabit. Similarly, in the Tabi'in scholars like Said bin Musayyib, Ata 'ibn Abi Rabah, Ibrahim an-Nakha'iy, Al-Hasan Al-Bashriy, Mak-Hul, and Thawus. Then the teacher's four schools of priests, and contemporary scholars such as Imam Ja'far al-Sadiq, Al-Auza'iy, Ibn Syubrumah, Al-Layth ibn Sa'd, and others.
However, four of Imam Madzhab has followers who summarizes his opinion, tidy it up, explain, or summarize to easily presented to the Muslims. Thus, the Muslims can get anything that helped her understand Islamic law to be arranged neatly. Then taught in the mosques, a few years. So that became the foundation for the life of the Muslims, make enough so they do not need to refer to the commentary books, or hadith to see Islamic law for having served with the method of instant fiqh schools.
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