METHODOLOGY OF FIQH AND USHUL FIQH

CHAPTER I

PREFACE

  1. Background

Pobud in human life there are rules that govern the life. Both the life of man and God, man to man, and man and nature has its own rules. Their regulation is intended that humans would be aware of their rights and obligations. The rules in this life is very important because if life has no rules then the damage will occur everywhere.

Islam as a religion rahmatallilalamin certainly has detailed rules concerning human rights and obligation against God, fellow human beings, and to nature its surroundings. These rules in Islam are called Shari’a. While the legal knowing way of argument is called fiqh and interesting way dai legal argument ushul discussed in fiqh.

In Islam is very much legal manage human life. Among the laws that exist right fit postulate some are opposed to the proposition. This is due to the many new issues which are not found in the source argument of law in Islam.

To solve the new problems that legal have not clear the scholars’ necessary diligence. People who are entitled to determine the legal and diligence is a person who has met the requirements to perform ijtihad.

This paper was prepared for know deeper into the meaning of fiqh and usul fiqh. It is important for Muslims to know the proposition of any law made by the scholars. This is so that people do not adhere to any laws that come out of the Al-Quran and Hadith.

  1. Formulation of The Problem

In this paper will discuss several subjects including :

  1. What is the understanding of fiqh and usul fiqh ?
  2. What is the history and development of fiqh and usul fiqh ?
  3. What is the object, purpose, usefulness, and the methodology of fiqh and usul fiqh?
  4. What is the source of knowledge of fiqh and usul fiqh ?
  5. Any sect in the science of fiqh and fiqh proposal ?
  6. Objectives

The paper is organized with the aim of :

  1. Knowing understanding of fiqh and usul fiqh .
  2. Knowing the history and development of fiqh and usul fiqh .
  3. Knowing the object , purpose , usefulness , and the methodology of fiqh and usul fiqh .
  4. Knowing the sources of fiqh and usul fiqh .
  5. Knowing streams in the science of fiqh and usul fiqh .

CHAPTER II

DISCUSSION

  1. Definition of Fiqh and Usul Fiqh

Fiqh according meaningfull know and understand language towards one’s goals speaker. Meanwhile, according to the term fiqh means knowing laws of Personality ‘that amaliah (about deeds, behavior) with through theorem detailed arguments. The science of jurisprudence generated by the mind and ijtihad (research) and require a Serata insight contemplation. People who are skilled in the science of fiqh is called faqih. Often also referred to as jurists (jama ‘of faqih). Jurists included in the category of scholars, but not all scholars are jurists. The science of fiqh called ahlal science, the science of al halal and al-haram, syara’i wa al-Ahkam.

Usul fiqh is composed of two words, namely ushul and fiqh. Name of fiqh proposal comes from the Arabic language. Usul is the plural preformance Arabic. The singular is ashl which means source or a proposition on which to base that means some thing or too strong. So ushul fiqh is the source of fiqh. Ushul definition fiqh according to Al-Syawkani is a science to know rules, which rules had been able to be used to issue Islamic Shari’ah law in the form furu ‘(branches) of their arguments detailed. Al-Ghazali defines the usul fiqh as science which deals with the legal arguments of Personality ‘and about the forms of appointment to these arguments against the law.

When we studied fiqh without study about ushul fiqh then we do not know how  issue law of their arguments and legal return fiqh to the original source. Knowing ushul fiqh are essential requirements to become a mujtahid (person doing ijtihad).

  1. History and Development of Fiqh and Usul Fiqh
  2. History of Fiqh
  3. Rasulullah period

In this period the new Islamic religion preached so this period is called the period of the treatise. In this period all the problems fiqh directly submitted to the prophet Muhammad. Sources of Islamic law in this period is the Qur’an and Sunnah. Rasululah period is divided into two periods of Mecca and Medina period.

Mecca period to focus more on faith issues. The foundations in life is the true faith. Da’wah the prophet begins by changing beliefs are idolatrous society towards the faithfull society monotheism and cleanse the liver and decorate themselves with commendable character. This period began inauguration of prophet Muhammad as prophet and apostle until he fled to Medina. This period go on for approximately twelve years.

Medina period begins when the prophet move from Mecca to Medina. The city of Medina became the new homeland for Muslims. In this city the number of Muslims increased. With increasing Islam followers then come a range of problems that be related with fiqh. Sometimes not found the proposition that in accordance with problem that appears. So that the prophet and the companions do ijtihad to solve such problems. In this city also be prescribed law covering the entire field of science of fiqh.

  1. Period friend (caliph)

This period is characterized initiated primarily to the death of the Prophet Muhammad and Islam ended when the government fell into the hands of Muawiya bin Abu Sufyan on 41H / 661M. Sources of law in this period not only the Holy Qur’an and Sunnah, but have started using ijtihad of the companions. Ijtihad done if the proposition or texts not found in the Quran and Sunnah that can solve a problem. Problems in this period has been very complex as we get Muslims of various ethnicities with their respective cultures.

In this period, for the first time the jurists collide with culture, ethics, moral values and human values that exist in a pluralistic society. This period of leave: 1) interpretation of the verses companions law. 2) a number of friends in the cases that no legal texts. 3) the fragmentation of the people become three groups, namely Khawarij, a Shiite, and Jumhur Muslims or Expert Sunnah Wal Jama’ah.

  1. Mujtahid imam period and accounting books of fiqh science

This period lasted for approximately 250 years starting from the beginning of the century until the middle of the fourth century Hijriah. At this time the whole way ijtihad known today have been used , although the scholars of each region its own color in doing ijtihad .

At this time the science of jurisprudence began to grow . There are some things that the background to the development of science fiqh this period , including :

  • The area of Islam authority increase wide and the sheer number of people any more. These conditions encourage the scholars to ijtihad in order to applying shariah for all different kinds of environments and problems encountered .
  • The scholars at that time already had a number of fatwa and ijtihad way that they get from the previous period .
  • All the Muslims at that time have strong will that all attitudes and behavior in accordance with Islamic law .
  • In this period was born clerics who could potentially become a mujtahid .

This period bequeathed some important things such as:

  • Al – Sunnah that has been recorded
  • Fiqh that has been recorded complete with the argument and reason.
  • Science usul fiqh which has been recorded
  • The existence of two streams that stand out in this period are known as Madrasah Al – Hadith ( mostly contained in the Hijaz ) and Madrasah Al- Ra’yi ( mostly found in Iraq ) . Madarasah Ar – Ra’yi focused its review to the purposes and elementary Personality ‘ in making the law , they concluded that the laws of Personality’ it can be understood his intentions and aims to realize the benefit of humans . While the Madrasah Al – Hadith in Hijaz is directing its attention to the hadith and fatwas friend .
  1. Setback periode

This period starts from the middle of the fourth century Hijra till the end of the thirteenth century of Hijra. At this period Muslims suffered a political setback , thinking , mental , which also caused the deterioration of fiqh . There are several factors that cause deterioration science of fiqh are:

  • The decline in the political field , namely the outbreak of the Islamic world into a small area of ​​each emirate are busy fighting each other for power.
  • school of thought espoused without critical thought and considered something that is absolutely true . This causes people to re-examine want those opinions .
  • There is an attitude of respect for the results of other scholars of ijtihad and think that own opinion is absolutely right .
  • The collapse of the glory of Islam in both the east and west.
  1. The period of revival

This period begins with the validity period of the magazine Al – Ahkam Al – Adliyah the book of the law of civil law Islamic Ottoman government in 1292 H / 1876 M There are some other things that mark the progress of fiqh, including :

  • In the universities of religion in Egypt, Pakistan and Indonesia in the way of studying fiqh learned not only in one particular school, but also studied other schools muqorronah or comparison, even well studied system of customary law and Roman law system .
  • Many books of fiqh that translated into various languages ​​in the world .
  1. History of ushul fiqh
  2. Ushul fiqh at rasullah period

Ushul development of fiqh can not be separated from the development of Islamic law. Ushul new fiqh composed in the second century of Hijra. Sources of law at the time it was Al-Quran and Sunnah. If the prophets and companions encountered a problem that can not be found solving the prophets and companions revelation diligence.

Usul Fiqh grew up with the science of fiqh though science is booked in advance than ushul fiqh. Because of the emergence of the science of fiqh course there use method to multiply the knowledge and methods is none other than ushul fiqh. Concepts usul fiqh has existed in the days of the prophet, but the concepts have not been standardized. These concepts only be the fruit of solving practical problems.

  1. Usul Fiqh period companions

This is a transition period from the time of the prophet to the future guidance prophet has died. In this period appears a new way of solving problems that ijma ‘friend and companion. Ijma ‘friend of a friend of a decision in resolving the legal issues discussed and followed by another friend. Besides companions also use  consideration sense in the form of qiyas and maslahah.

In this period ushul fiqh is still the subject of scientific study. Exchange of thoughts that do still practical to solve problems and not lead to the formation of a special study of the methodology. Doing legal discussion is limited to the provision friend fatwa on questions or problems that arise, not until the expansion of Islamic law studies to methodological problems.

  1. Usul Fiqh tabi’in period

Tabi’in is a disciple of the companions . Trends mindset affect  friend ICRS pattern tabi’in, so Istinbad tabi’in way not dissimilar to istimbad friend. At this time appeared two important phenomena that forgery of hadith and debate regarding the use of ra’yu that elicits Iraqi groups and groups of Medina .

Thus emerged seedlings clearer methodological differences that accompanied the legal experts group differences ( jurists ) based on geographic region. Two things, plus the emergence of the non – Arab lawyers , gave birth to the discourse of legal thought that later gave birth to schools in Islam Islamic law. Each of these law schools have some distinctive aspects of the method , which distinguishes it from other schools .

  1. .Usul fiqh schools priest future

At this time ushul fiqh formulated methodological and diverse concepts born ushul fiqh. Islamic legal thought dynamics of a very rich experience. At this time there is a debate about the sources of law and the rule of law.

At this time Imam Malik and the people are very appreciative charity madinah the medina. The reason  is that the practice of the medina is a relic of the friends who live in Medina and get directions from the Prophet. The practice has been done by the people of Medina lot of friends who do not may violate the teachings of the Prophet, who for ten years in Medina.

Iraqis, especially Imam Abu Hanifa use istishan if the results qiyas deemed incompatible with the basic values ​​of Islamic law. The two sides are mutually criticize each other. However both of them still cling to the Qur’an and Sunnah.

As a result of the existence of hadith forgery at this time, then comes the group reject al-Sunnah. They are a class which only recognizes the Al-Quran as a source of law. They are frustrated with forgery of hadith and did not examine first the hadith narrators. Before the fourth century Hijra are not many hadith collectors.

A Muslim leader, Imam Shafi’i struggled against groups reject as-Sunnah. He then filed a major legal systematics, namely:

  • Al-Quran
  • Al-Sunnah
  • Ijma’
  • Qiyas

With this formula , he rejected the idea of ​​groups reject al – Sunnah and experts who act prioritize ushul practice the Medina or the common meaning of the Holy Qur’an compared to the hadeeth Munday . Imam Shafi’i himself known as the first to introduce a new science of usul fiqh . The book of Al -Risala is the first book of usul fiqh which he wrote .

  1. The birth of the great works of usul fiqh

Ushul development fiqh peak occurred in the fifth century Hijra . In this period was born the great works such as :

  • The book of al – Ahd al – Amd or Qadli work of Abd al – Jabbar al – Mu’tazili (415H / 1024M)
  • The book of al – Mu’tamad of Abu Husayn al -Basri al – Mu’tazili (436H 1044M)
  • The book of al – ‘Uddah of Abu Ya’la al – Hanbali (458H / 1065M)
  • The book of al – Ihkam fi ‘ Usul al – Ahkam works of Ibn Hazm al – Dzahiri (456H / 1062M)
  • The book of al – Luma ‘by Abu Ishaq al – Shirazi al – Shafi’i (467H / 1083 M)
  • The book of al – Burhan Al – Juwayni work of al – Shafi’i (478H / 1085M )
  • The Book of Usul Al – Sarakhsi work of Imam al – Sarakahsi al – Hanafi (d. 490H / 1096M).
  1. Object, Purpose, Purpose, and Methodology of Science Fiqh and Usul Fiqh
  2. Fiqh science

Objects fiqh science studies in general is the legal aspect of any act mukalaf as well as the proposition of any such actions (postulate tafshili). Also in fiqh al-Ahwal also discussed Syakhsyiah (family law), how do muammalah in the narrow sense (civil law), fiqh jinayah (criminal law), issues related to Ahkam al-qadha (procedural law), and things siyasah related to fiqh.

The final goal is to achieve the science of fiqh pleasure of Allah, with His implement sharia in the earth, as guidance individual life, family life, and social life. While the goal of Islamic law itself is to maintain religion, nourish ourselves, nurturing offspring and honor, maintaining property, and maintaining reasonable. The purpose of the law is often referred maqashid five al-khamsah. From maqhasid al-khamsah is clear that the function of Islamic law itself is directing human life to la-maqashid al-khamsah, in the broadest sense and control the lives of people with detailed rules by the Quran and Hadith or ijtihad of the scholars.

The usefulness of fiqh science itself is unable to give an understanding of the various rules in depth and as a benchmark to be in life and life.

Whereas the methodology of fiqh are usul fiqh. Therefore we studied fiqh without ushul fiqh will not know how issue  law of their arguments and how to restore the legal rulings to the source.

  1. Ushul fiqh

Objects ushul fiqh studies are :

  1. A discussion of the proposition globally .
  2. A discussion of the law in Usul Fiqh is the science in general, are not discussed in detail the law for every action .
  3. A discussion of rules that are used as a way to gain legal of their arguments , among others, on a wide -ranged , it’s hujjah and laws in practice it .
  4. A discussion of ijtihad

Ushul goal fiqh is set ijtihad and guide jurists in an effort to deduce the laws of sources. In addition ushul fiqh aims to help jurists to acquire adequate knowledge of sharia susmber – source and on the methods of deduction and inference fiqh .

Usefulness ilm usul fiqh is as follows :

  1. Know the rules and methods used in obtaining legal mujtahid through ijtihad method which they set.
  2. Provide an overview of the requirements that must be owned mujtahid, so that he can explore the exact laws of Personality of the texts. In addition, for the general public, through usul fiqh they can understand how the Mujtahids law establishes that they can be guided steadily and practice it.
  3. Determine the law through a variety of methods developed Mujtahids, so that a variety of new problems that are born not in the texts; and there are no legal provisions among legal scholars can be determined earlier.
  4. Maintain the religion of the proposition that abuse may occur. In usul fiqh, even if a law is obtained through the results of ijtihad, his status still recognized Syara ‘. Through usul fiqh, it is known where the original sources of Islamic law that must be followed and which is the source of Islamic law which is secondary function is to develop Shari’ah according to the needs of Islamic societies.
  5. Establish the general rules that can be applied in order to establish the law of the various social issues that continue to grow.
  6. Knowing the strengths and weaknesses of an opinion in line with the arguments used in ijtihad, so it can be done tarjih one of the reasons put forward.

Ushul fiqh methodology actually refers to methods of reasoning as analogies / qiyas , istishan , istishab , and rule – atauran interpretation and deduction.

  1. Knowing the source of Science Fiqh and Usul Fiqh
  2. Source of fiqh

The main source of law is the revelation of Allah , Al – Quran. Then followed the second yanag source is the Sunnah of the Prophet . The third is ijtihad . Can postulate look from several aspects , namely :

  1. In terms of origin, there are two kinds:
  • Evidence naqli which postulates that comes from direct nash namely the Quran and Sunnah .
  • Evidence aqli which postulates that instead of texts directly but uses a mind, namely ijtihad .
  1. Judging from its scope there are two kinds, namely :
  • Evidence kulli is a proposition that includes many legal unit . Kulli proposition sometimes verses of the Holy Qur’an , Hadith sometimes , and sometimes the rules kulliyah .
  • Proposition juz’i or tafshili is a proposition that showed a problem and a specific law .
  1. In terms of its power divided into two, namely :
  • Proposition qath’i there are two kinds:
  1. Evidence that al – wurud convincing proposition that comes from God or from the prophet
  2. Qath’i dalalah namely the proposition that the words or expressions words indicate a particular meaning and purpose firmly and clearly that it is impossible tomake other understand.
  • Proposition dhani there are two kinds :
  1. Dhani al – wurud yatu proposition that only gives the strong impression that the coming of the prophet .
  2. Dhani al – dhalalah namely the proposition that the words or expressions words giving possibility of meanings and intentions .
  3. Source of ushul fiqh
  4. Science Holy Qur’an
  5. Hadith Sciences
  6. the science of fiqh
  7. Science Ushuluddin
  8. Arabic science and all its branches.
  1. Streams Sciences Fiqh and Usul Fiqh
  2. Streams science of fiqh

Currently there are approximately six schools of fiqh. These streams arise because of differences in methods of diligence which leads to dissent. Actually, the priests themselves Mujtahids to follow not advocated them. Mazdhab priest who recommended it back on the arguments in berijtihad although in a way it is possible that the law is different from the way they are produced. This is evidenced by the words of the priest ‘s own sect. For example : Imam Abu Hanifa said about the results of ijtihad : ” This is the result of my ijtihaf, but anyone who has better opinion about this, then that is what must be held “.

Streams in the science of fiqh these include:

  1. Hanafi is guide by the Quran, Sunnah, and the opinion of friends. In ijtihad Imam Abu Hanifa using Qiyas, Istishan, ijma ‘friend, and Urf. This sect is widely available in Turkey, Afghanistan, Central Asia, Pakistan, India, and Egypt.
  2. Maliki adhering to the Holy Qur’an, Assunnah, charity experts Medina, the fatwa friend, qiyas, maslahah mursalah, and adzari’ah. This sect adopted in North Africa, Sudan, and parts of Egypt.
  3. Shafi adhering to the Quran, Sunnah, qiyas, Istidlal. This school of bnak adopted in South Arabia, South India, Thailand, Malaysia, Indonesia, Brunei, and the Philippines.
  4. Hanbali adhering to the Quran, Sunnah, fatwa friend, qiyas, and adzaria ‘. This school of banuak adopted in Arabia, Syria, and some parts of Africa.
  5. Dhaheri sects adhering to the Quran, Sunnah, opinions companions, and istishab. This school of formerly practiced in Andalusia, then spread to countries in North Africa.
  6. Shiite sects adhering to the Quran, Sunnah, qiyas, Istishan, Maslahah mursalah, and al-aqal (what the good sense), is used when there is no other way. This Mazhan much embraced in Iran and most of Iraq and in the region of North Yemen.
  7. Streams science of ushul fiqh

In general, experts divide alairan writing ushul fiqh into two mutakallimin (Syafi’iyyah) and the sect of Jurists (sect Hanafiyah) . The second stream is born from the combined sect. Three main sect is described as follows :

  1. Sect Mutakallimin

This sect is also called Syafi’iyah sect. This naming reason is because the works are born from among syafi’iyah . However there are also cross- sect writers like Abu Ya’la (author of al – Uddah) that Hanbali , Ibn Hajib (author Muntaha al – Wushul (al – Sul) wa al – Alam al – Usul fi Ilmay wa al – jadal) from among Maliki, and Ibn Hazm al – Andalusi (author of the book of al – Ihkam fi Usul al – Ahkam) of the Dzahiriyyah.

Mutakallimin designation in accordance with the characteristics of the writing. The mutakallimin are many people who wrestle with theological discussions and many take advantage of deductive reasoning , including Greek logic. The mutakallimin has distinctive features in the writing of usul fiqh , such as:

  • The use of deduction in it . Usul Fiqh mutakallimin discuss the rules , whether or not accompanied by examples . The rules that is the pillar for making law . Thus , the rules were made before it is used in istimbath . The rules were mainly contains linguistic rules .
  • There is a discussion of the theory of theology and theory of knowledge , as contained in the al – Luma work of al – Shirazi and al – Ihkam work of al – Amidi . Kalam theory that is often discussed is about tahsin and taqbih . Meanwhile, in the discussion of the theory of knowledge, understanding put science and sometimes also included Muqaddimah mantiqiyyah (an introduction to logic), as contained in the al – Mustashfa works of al – Ghazali, Rawdlah Ibn al – nadzir Qudamah, and Muntaha al – Wushul (al -Sul) Ibn Hajib .
  1. Sect Hanafiyah

Hanafi jurists sect or stream sect is shared by many scholars Hanafi sect . Characteristic of writing Hanafi is begin with legal issues furu covered by their priests, and then make conclusions based methodological solving the furu law. So, rules are made inductively from case law. The rules can be changed with the advent of legal cases that require solving other law. Therefore , ushul Hanafi fiqh is filled with real legal issues .

  1. The combined sect

These sect into the grounding principles of fiqh reality problem. The resulting works include the book of Badi ‘ al – Nidzam al – jami ‘ al – Bazdawi bayn Kitabay wa al – Ihkam which is a combination of the book of al – Usul al – Ihkam Bazdawi and work of al – Amidi written by al – Din Mudzaffar Ahmad bin Ali al – Hanafi . Then book Sharh al – Tawdlih work Sa’d al – Din al – Taftazani al – Shafi’i and Jam ‘ al – Jawami ‘ written by Taj al – Din al – Subki al – Shafi’i .

CHAPTER III

CLOSING

  1. Conclussion

From the description that has been discussed we can conclude that science is the science of fiqh menmbahas of the laws of Personality ‘ which deals with human deeds obtained from the proposition . While ushul fiqh is the study of how to remove a law from a detailed proposition . Both are related to one another . Both come from two main sources , namely the Holy Qur’an and the Sunnah.

  1. Advice

For the present generation , we should not be careless in solving an emerging new pemasalahn in life . We must not solve problems by using our own opinion . It is good we restore the matter to the Al – Quran and Hadith . It is important for us to learn the science of fiqh and usul fiqh because both are associated with the shari’ah .

BIBLIOGRAPHY

Djazuli, A.2010. Ilmu Fiqh Penggalian, Perkembangan, dan Penerapan Hukum Islam. Jakarta :

Kencana Prenada Media Group

Ash Shiddieqy, Tengku Muhammad Hasbi.1997. Pengantar Ilmu Fiqh. Semarang :

  1. Pustaka Rizki Putra

http://id.wikipedia.org/wiki/Ushul_Fiqh

larasgemilangputri.blogspot.com

https://id-id.facebook.com/notes/belajar-fiqih-islam/pengertian-fiqh-dan-sejarah-perkembangannya/10150578829761520

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