Senin, 08 April 2019

'Am dan Khas, Muthlaq dan Muqayyad (PAI I ICP Semester Genap 2018/2019)



AL-AMM, AL-KHAS, MUTLAQ, AND MUQAYYAD
Mochamad Bahrul Ulum, Moch Zainul Abidin, and Rofifah Durrotul Hikmah
Students of Islamic Education Department Class I
Islamic State University of Malang Maulana Malik Ibrahim
e-mail: ulumtanggung@yahoo.com

Abstract:
An applicable law is certainly always related to lafadz. Lafadz is an expression that can be interpreted or understood about something. It’s just that the meaning of a pronunciation can be influced by something that is coupled with a lafadz. The meaning of the faith of lafadz can have several meanings, namely Am (general) or Khas (special), mutlaq (unbound) or muqayyad (bound). In this paper, the author will explain the understanding, rules or laws, and the differences of opinion regarding the meaning of the lafadz, between Am, Khas, Mutlaq and Muqayyad. Not only that, but also accompained by examples in the argument, along with the explanation.
Key word: Am, Khas, Mutlaq, Muqayyad.

A.    Introduction
Usul al Fiqh (Usul is plural of Asl) the bases or roots of Islamic Law, expound the methods by which Fiqh (detail Islamic law) is derived from their sources. In this view, Usul is the methodology and the Fiqh is the product. Usul deals with the primary sources of Islamic law, the Quran and the Sunnah, i.e. Usul discusses the characteristics of the Quran and Sunnah, and what are the methods of deduction of law from the Quran and the Sunnah. In doing that, Usul discusses various kinds of words used in the Quran and the Sunnah in particular and Arabic language in general such as the Amm (general) and the Khass (particular), Mutlaq (unconditional) and Muqayyid (conditional), Haqiqi (literal) and the Majaji (Metaphorical), various types of clear words and unclear words.[1]
In this paper we will discuss about Amm and Khas, Mutlaq and Muqayyid.

B.     Am
1.      Definition of Am
Al-Amm means general. 'Amm may be defined as a word that has a single meaning which applies to many things, not limited in number, and includes everything to which it is applicable.[2] Like the words "Every-souled will feel dead," which is like the pronunciation, every soulful thing will eventually consume death.[3]  In the science of fiqh proposal, lafaz Am is a pronunciation that contains all the composed meanings. Can also be interpreted as a pronunciation that complements all the meanings contained in one place.[4]
From those definition, can be derived thah Amm is;
1.      A lafaz that only have a single meaning.
2.      The single lafaz contains several afrad (units of understanding).
3.      The single Lafaz can be used for each afrad in the same way.
4.      Law applies to the lafaz also applies to each of the afrad.[5]
With these understandings, it can be concluded that Lafaz Amm is general, which includes every thing that is part of the Lafaz. Such as insan or human literally intends to cover the whole human, old or young, mukallaf or not, Muslim or not, male and female, etc. In the arguments of the passage, it is mentioned that there are a lot of these general statements, which are then interpreted and used directly as propositions which are comprehensive in nature against that word. Or sometimes it is also applied to the takhsis, which is to specialize the meaning carried out by other arguments, this case will be presented in the next chapter.
2.      Types of Amm
In it’s distribution, Amm are divided ito two, namely Amm Syumuli and Amm Badali. The differences between these two is;
a.       Al-Amm as-Syumuli, which includes the entire afrad of the sentence, both its use and the law, for example:

يَا أَيُّهَا النَّاسُ اتَّقُوا رَبَّكُمُ الَّذِي خَلَقَكُمْ مِنْ نَفْسٍ وَاحِدَةٍ

O mankind, fear your Lord, who created you from one soul[6]
In this case the word mankind is amm syumuli which covers all of its afrad, such as men or women, black or white, etc. [7]
b.      Al-Amm al-Badali, which deals with just a few afrad but is delivered to the public, for example;

لَايُؤَاخِذُكُمُاللَّهُبِاللَّغْوِفِيأَيْمَانِكُمْوَلَٰكِنْيُؤَاخِذُكُمْبِمَاعَقَّدْتُمُالْأَيْمَانَ ۖ فَكَفَّارَتُهُإِطْعَامُعَشَرَةِمَسَاكِينَمِنْأَوْسَطِمَاتُطْعِمُونَأَهْلِيكُمْأَوْكِسْوَتُهُمْأَوْتَحْرِيرُرَقَبَةٍ

Allah will not impose blame upon you for what is meaningless in your oaths, but He will impose blame upon you for [breaking] what you intended of oaths. So its expiation is the feeding of ten needy people from the average of that which you feed your [own] families or clothing them or the freeing of a slave.[8]
In this verse we highlight in the freeing of a slave, this verse refers to all slaves but there is an alternative in choosing slaves, we freed to choose between slave A or slave B.[9]
3.      Sighat or the Sign of Lafaz Amm
Explained in the book Mabadi Awaliyah fi Ushul Fiqh wa Qowaiduhu that signs or sighat which shows lafaz Am there are 4 cases namely:[10]
a.       Isim Mufrad ta’rif by alif and lam.
إِنَّ الْإِنْسَانَ لَفِي خُسْرٍ
Indeed, mankind is in loss,[11]

b.      Isim Jama’ ta’rif by alif and lam.
وَأَنْفِقُوا فِي سَبِيلِ اللَّهِ وَلَا تُلْقُوا بِأَيْدِيكُمْ إِلَى التَّهْلُكَةِ ۛ وَأَحْسِنُوا ۛ إِنَّ اللَّهَ يُحِبُّ الْمُحْسِنِينَ
And spend in the cause of God, and do not throw yourselves with your own hands into ruin, and be charitable. God loves the charitable.[12]

c.      Lafaz Nakirah nahi
وَاتَّقُوا يَوْمًا لَا تَجْزِي نَفْسٌ عَنْ نَفْسٍ شَيْئًا
And beware of a Day when no soul will avail another in the least;[13]

d.      Isim Mubham
1)      Lafaz مَنْand مَاto show makhluk with intelligence or not
إِنَّ اللَّهَ يَعْلَمُ غَيْبَ السَّمَاوَاتِ وَالْأَرْضِ ۚ وَاللَّهُ بَصِيرٌ بِمَا تَعْمَلُونَ
God knows the secrets of the heavens and the earth, and God is seeing of everything you do.[14]
2)      Lafaz Ay
قُلِ ادْعُوا اللَّهَ أَوِ ادْعُوا الرَّحْمَٰنَ ۖ أَيًّا مَا تَدْعُوا فَلَهُ الْأَسْمَاءُ الْحُسْنَىٰ ۚ وَلَا تَجْهَرْ بِصَلَاتِكَ وَلَا تُخَافِتْ بِهَا وَابْتَغِ بَيْنَ ذَٰلِكَ سَبِيلًا
Say, "Call Him God, or call Him the Most Merciful. Whichever name you use, to Him belong the Best Names." And be neither loud in your prayer, nor silent in it, but follow a course in between.[15]
3)      Lafaz أَيْنَas dzaraf makan
أَيْنَمَا تَكُونُوا يُدْرِكْكُمُ الْمَوْتُ وَلَوْ كُنْتُمْ فِي بُرُوجٍ مُشَيَّدَةٍ ۗ
Wherever you may be, death will catch up with you, even if you were in fortified towers,[16]
Besides the four sighat there are still a number of other sighat such as:
a.       Lafaz كُلُّand lafaz جَمِيعٌand other lafaz that have the same meaning. Lafaz كُلُّ has individual meaning, and جَمِيعٌ are more group oriented so the law obtained if using this one is grouping without paying attention to each individual.[17] Example:
وَالَّذِينَ آمَنُوا وَاتَّبَعَتْهُمْ ذُرِّيَّتُهُمْ بِإِيمَانٍ أَلْحَقْنَا بِهِمْ ذُرِّيَّتَهُمْ وَمَا أَلَتْنَاهُمْ مِنْ عَمَلِهِمْ مِنْ شَيْءٍ ۚ كُلُّ امْرِئٍ بِمَا كَسَبَ رَهِينٌ
Those who believed, and their offspring followed them in faith-We will unite them with their offspring, and We will not deprive them of any of their works. Every person is hostage to what he has earned[18]
أَمْ يَقُولُونَ نَحْنُ جَمِيعٌ مُنْتَصِرٌ
Or do they say, "We are united, and we will be victorious"?[19]
b.      Plural and singular lafaz which based to another lafaz (idhafah).[20] As in the following verses:
يُوصِيكُمُ اللَّهُ فِي أَوْلَادِكُمْ ۖ
God instructs you regarding your children.[21]
هُوَ الطَّهُوْرُ مَاؤُهُ، الْحِلُّ مَيْتَتُهُ
Sea water is pure, and it’s carcass is halal.[22]
c.       Isim Maushul isim that used as a connecting sentences. Such as الَّذِيandالَّذِينَexample of isim maushul
إِنَّ الَّذِينَ يَأْكُلُونَ أَمْوَالَ الْيَتَامَىٰ ظُلْمًا إِنَّمَا يَأْكُلُونَ فِي بُطُونِهِمْ نَارًا ۖ وَسَيَصْلَوْنَ سَعِيرًا
Those who consume the wealth of orphans illicitly consume only fire into their bellies; and they will roast in a Blaze.[23]
4.      Amm Laws
Ulama have differed on Amm, whether it is Qati or Zanni. The majority holds it to be Zanni, minority holds it to be Qati. The result of this disagreement becomes clear in the event of conflict between Khass and Amm. In the case of two rulings on the same point, one Amm and one Khass (in the Quran or the Sunnah), according to the majority, Khass will prevail over the Amm. Minority holds that Khass specifies the Amm. According to majority, Khass is Qati (Amm is not), as such it will prevail over Amm. According to minority, Amm is also Qati, and as such, Amm will be specified by Khass, if the two rulings are chronologically parallel. Khass will be abrogated if Amm is of later origin. Amm will be partially specified if Khass is of later origin. According to majority, an Amm (general) proposition may be specified by a dependent clause which may occur in the same text (same verse or in another text (another verse).
The effect of Amm is that it remains in force unless specified. Even after partial specification Amm remains legal authority for unspecified portion. According to the majority Amm is speculative as a whole, whether before or after Takhsis (limitation) and as such open to Tawil. The cause (Sabab) of general ruling can not limit the application of the ruling. For instance, Asbab an Nazul (causes of revelation of verses of the Quran) will not limit the application of law based on the verse to the cause only.[24]

C.     Khas
1.      Definition
According to the typical language derived from the verb:

خصص, يخصص, يخصيصا, خاص

Which means to specialize or determine.[25]
Whereas according to the terms :
اللفظ اللذي وضع لمعني واحد على س بيل الانفرا د
Meaning: Lafadz which is from language, is determined for one meaning independently.[26]
 The definition of al-khash according to the figures of ushul fiqh is as follows:
a.       Adib Salih
Define the pronunciation of al-Khash which contains a single understanding or a limited number of meanings.

b.      Abu Zahra
Defining the recitation of al-Khash in syara 'texts, shows the definition that is typical in qaht'I (definite) and the law contained in the contents is definite (qaht'i) as long as there is no indication that shows another understanding. Abu Zahra's opinion was agreed upon by the Ushul Fiqh scholars.

c.       Al Amidi
Defining al-Khash is a lafazh which is not worth sharing with a large number.

So the definition of al-Khas according to the author himself is a pronunciation that has clear laws contained in the text, both the Qur'an and the hadith of the Prophet himself, before there is a proposition that requires another meaning, the law taken from this particular is certain (Qath'i) not Dzanny.

Some terms related to the typical, include:
·         Takshis is to remove part of a different pronunciation in a general environment according to the conditions that are not specified.
·         Mukhassis is an argument (reason) which is the basis for spending the argument.[27]
2.      Al-Khash Provisions
The provisions of the khash lafaz in general are:
a.       If lafaz khash is born in the form of syara 'nash (legal text), it shows the meaning of khash in qath'i al-dilalah (definite and convincing instructions) which are essentially determined for that. For example the word of God in the letter Al-Maidah verse 89 which reads:
فكفرته اطعام عشرة مسكين

b.      If there is a proposition that requires (another understanding) from the lafaz khash to another meaning, then the meaning of the khash can be transferred to what the argument proposes. like the words of the Prophet Muhammad as follows:
فى اربعين شاة شاة

For every forty goats (Zakat) one goat must be paid.
By the Hanafis scholar the goat in the hadith is represented by the more general (including goats and prices). Also taqwil on the hadith recitations: "A bag of dates" in the obligation of zakat fitrah, to "the price of a date palm"

c.       If in a legal case it is' amm 'and also found a law which is khash in another case, then the lafaz khash limits the enforcement of the' amm law. Like the law 'amm in the word of Allah surat Al-Baqarah verse 228 which reads:
والمطلقت يتر بصن بآنفسهن ثلثة قروء ...
The necessity to undergo the iddah for three quru 'applies' amm, then there are provisions iddah that apply specifically to women who are pregnant, for example in the word of Allah letter At-Talaq verse 4 which reads:
وأولت الأحمال أجلهن ان يضعن حملهن ...
So, khash pronunciation in this case limits or reduces the afrad lafad 'amm, this is what is called takhsish.

d.      If you find a contradiction between the khash argument and the  'amm argumentthere are differences of opinion, namely:
a.    According to the 'Hanafiyah ulama, if the two arguments were at the same time, then the proposition that Khash will takhsis amm, because of the availability of a requirement for takshish
b.    According to the jumhur, there is no contradiction between the arguments' amm and special arguments because both when they come in time together, the typical one gives an explanation of the 'amm, because the general is in the form of birth which is still likely to accept explanation, so the khash pronunciation explains the 'amm pronunciation.[28]

3.      Khash’s Law
According to the agreement of Imam Abu Hanifah and other schools,   khâsshows a meaning of qath'i (certainty) not nature zhanni (prejudice) as long as there is no argument that turns it to another meaning. And what is meant qath'i here is the absence of other possible meanings that arise. For example the word of God in Surat al-Maidah about expiation yamin :

فَمَنْلَمْيَجِدْفَصِيَامُثَلَاثَةِأَيَّامٍ

Meaning:   "Anyone who is unable to do so will fast for three days."[29]

Conclusions that can be taken from the text above indicate the obligation to fast three days because the three pronunciations include pronunciation   khâsh   and show meaning   qath'i   (definitive) and there is no possibility to increase or decrease. Another example of the word of God in Surat al-Baqarah about the command of prayer and zakat:

اقيموالصلوةوءاتواالزكوة

Meaning:   "And establish prayer and pay the zakat."[30]

Prayers and zakat are an order and the command includes part of   khâsh , then the command is of the nature qath'i (certainty). But if there is a proposition that turns away pronunciation khâsh from the authentic meaning then it is not of the nature qath'i (certain) and the situation must be in accordance with what is demanded by the argument.

4.      The law of conflict between 'amm and khash according to the Syafi'iyah Madhab

As explained in the book "Al-Minhaj" and it’s syarah, if there is a conflict between lafadz 'amm and khash then there are two possibilities:

Maybe one of them is more khash (special) than the other in mutlaq.
Maybe the 'umman (umuman) and the khasasan (specificity) are on one side only.
If one of them is more khash or more amm than the other mutually, then in such conditions the khash lafadz is more proposed and carried out than lafadz 'amm in order to compromise the two arguments, because khash lafadz can still realize what is contained in lafadz' amm.[31]

If specificity (khas) and generality ('amm) is only from one side and there is something that can be proposed, then that can be done.[32] But if there is nothing that can be proposed, a mujtahid can choose which of them can be practiced.For example the following prophet's words:

مننسيصلاةفليصلهاإذاذكرها

"Whoever forgets to pray, then pray when they remember

Which coincides with the prohibition of the Messenger of Allāh which means as follows "from the uqbah ibn amir, he said:" The Messenger of Allāh prohibited us from performing the Prayer and bury the mayyit in three times; when the sun rises to rather high, when the sun reaches the culmination point until it slips and when the sun sets."[33]

If reviewed in terms of time, the first hadith is general. but in terms of the type of prayer the first hadith is included in the khash hadith because it refers to only part of the prayer (ie qada 'prayer), and vice versa

Among the two hadiths that contradict each other it is necessary to do tarjih, while the syafi'iyah schools favor the first hadith, so that they may qadha the prayers left behind at the time of the karahah.[34]

D.    Mutlaq
1.      Definition
Mutlaq (المطلق) means there is no limit, detached, unbound, etc.[35]Or it could also be said that lafadz Mutlaq means that it does not have a range of limits on meaning.[36] Lafadz Mutlaq is actually still in the khash lafadz, which definitively can be interpreted as:[37]
ما دل على فرد أو أفراد شائعة بدون قيد مستقل لفظا
“Lafadz which gives instructions for one or several units that are pervasive, without any separate ties.”
And Mutlaq mentioned in the Ushul Fiqh is:[38]
مَا دَلَّ عَلَى الْمَهِيَةِ بِلاَ قَيْدٍ مِنْ قُيُوْدِهَا
“Lafadz which shows something in essence, without any bond from (some) bonds.”
So it can be concluded that, Mutlaq is lafadz that showing the understanding that there are no boundaries or separate boundaries in the form of words or meanings.
2.      Examples of Mutlaq
Examples of lafadz Mutlaq are like the word of Allah SWT on lafadz:
... فَتَحْرِيْرُرَقَبَةٍ ...
must set free a slave”.[39]
It means that is permissible to free a mukmin slave or not a mukmin.[40]
3.      Mutlaq Laws
When a law stated in a form of Lafaz Mutlaq, then the law will be applied in accordance with it’s absoluteness without any additional or appendage of any nature. Lafaz Mutlaq will continue to be held as absolute, as long as there is no Muqayyad found.[41]
The purpose of the sentence is, if there is a word in which there is a lafadz Mutlaq in one place, but there is also a lafadz Muqayyad at one kalam in another place, then it is charged lafadz Mutlaq to lafadz Muqayyad. So what is used is the lafadz Muqayyad. If there is no Lafadz Muqayyad, then stick to the lafadz Mutlaq.
What needs to be underlined is "if the two chapters talk about the same case law". So, if the two categories of laws are different then the case cannot be imposed on the Muqayyad, but remain on their absoluteness.
Or in another explanation, it is called the law of lafadz Mutlaq, namely:
“If there is lafadz Mutlaq in a text, then what must be done is to use the lafadz according to its absoluteness. Unless there are other arguments which indicate that the Lafadz Mutlaq is restricted in content.”[42]
So, a Mujtahid is not permitted to limit the extent of the content of lafadz Mutlaq, unless there is a proposition that can limit it.

E.     Muqayyad
1.      Definition of Muqayyad
Muqayyad (المُقَيَّد) has a meaning that is binding, limiting, etc. In other words, lafadz Muqayyad is a lafadz which shows the understanding that has certain limits in the form of words. [43]
Whereas Muqayyad which is meant in the term ushul fiqh is:
مَا دَلَّ عَلَى الْمَهِيَةِ بِقَيْدٍ مِنْ قُيُوْدِهَا
“Lafadz which shows something inherent, with one bond from (several) bonds.”[44]
So, lafadz Muqayyad is a lafadz which in its mention is accompanied by one of several additions namely the nature, terms, time, count, etc. Or it can also be said that lafadz Muqayyad, namely lafadz khash which refers to a unit that extends and is limited by one of the properties of some independent traits that exist.
2.      Example of Muqayyad
The example of Muqayyad stated in this verse:
مَنْ فَتَلَ مُؤْمِنًا حَطَأً فَتَحْرِيْرُ رَقَبَةٍ مُؤْمِنَةٍ
 Anyone who kills a believer by error must set free a believing slave.”[45]
In this verse it means that not careless servants can be freed, but are determined. That is only the slave of the believer. [46]
3.      Muqayyad Laws
Muqayyad Lawsinversely proportional to the Mutlaq law. That is, lafadz Muqayyad will always be used by the law of Muqayyadan in the form of boundaries that have a function to limit the absoluteness of lafadz.[47]
For example, in QS. An-Nisa 'verse 92 discusses that compilation must be carried out deliberately with a two-month fasting fine in the verse above a combination with certain characteristics, namely a combination of participating. That way, then he must fast for two consecutive months, or may not be disjointed.

F.      Position of lafadz Mutlaq and Muqayyad
What has been discussed in the law of Mutlaq and Muqayyad is in a condition that is still intact, without any opposition between one another. The point is that there is no conflict or difference between the two schools of thought.
In this difference it discusses the position of lafadz Mutlaq in a text or kalam but is Muqayyad in another text or kalam. Then which one will be used, its absolute or to Muqayyad. To find out, there are two possibilities in the conflict, namely:
1.      If the legal provisions contained in lafadz Mutlaq and Muqayyad are different
2.      If the legal provisions and causes in Mutlaq and Muqayyad are the same
3.      Lafadz Mutlaq and Muqayyad contain the same legal provisions but the reasons are different
4.      Lafadz Mutlaq and Muqayyad have causes, objects and provisions of the same law.
Some of these possibilities will be clarified according to existing sources, namely:
1.      If the legal provisions contained in lafadz Mutlaq and Muqayyad are different.
If the legal provisions contained are different, then lafadz Mutlaq will continue to be based on its absoluteness. It cannot be understood the nature of Muqayyadannya. Likewise with Lafadz Muqayyad, it is still understood by the nature of Muqayyadannya. This is because there is no illat that is the same in both of these kalam, or there is no conflict between the two kalam.
Example:[48]
Allah said:
وَالسَّارِقُ وَالسَّارِقَةُ فَاقْطَعُوْآاَيْدِيَهُمَا
“As for the thief, whether male or female, cut their hands….”[49]
Allah also said:
يَآاَيّثهَا الَّذِيْنَ آمضنُوآ اِذَا قُمْتُمْ اِلى الصَّلوةِ فَاغْسِلُوْا وُجُوْهَكُمْ وَاَيْدِيَكُمْ اِلَى الْمَرَافِقِ
“O you who believe! When you rise to pray, wash your faces and your hands and arms to the elbows,, …”[50]
The two verses have different provisions. The first verse on lafadz اَيْدِيٌ is Mutlaq without any limitations. Whereas in the second verse lafadz اَيْدِيٌّ it is limited to lafadz الْمَرَافِقِ. The first verse contains the legal meaning of cutting off the hand, while the second law washes both hands. Because of this difference, the first verse is still followed by Mutlaq, while the second is still followed by Muqayyad.
2.      If the legal provisions and causes in Mutlaq and Muqayyad are the same
In this provision it is divided into three types, as follows:
a.       Lafadz Mutlaq and Muqayyad who are both "itsbat al-hukmi" (establish a legal provision)
In QS. Al-Maidah verse 3 lafadz الدَّمُ is Mutlaq and in QS. Al-An'am verse 145 lafadz الدَّمُ is Muqayyad, which is limited to lafadz الدَّمُ which means flowing. In both verses there are two legal provisions that are the same, which is prohibited from consuming blood, and there are similar causes. So that the Lafadz Mutlaq must be understood in Muqayyad.
b.      Lafadz Mutlaq and Muqayyad who are both "nafyu al-hukmi" (nullifying a legal provision)
Whereas in the second form it contains a decree, that is, both propositions or words must be manfi or negate.
c.       One of the lafadz of Mutlaq and Muqayyad is in the form of orders and prohibitions
An example of this third form is:
Free a slave woman and don't free a pagan slave woman. And set free a Muslim slave woman and don't free a non-Muslim female slave. In this form, lafadz Mutlaq is limited by the opposite nature found in lafadz Muqayyad. At lafadz Mutlaq is limited by the nature of Islam (faith) and where the second lafadz Mutlaq is limited by the nature of infidelity. Which is an antonym of the nature of Islam (faith).
3.      Lafadz Mutlaq and Muqayyad contain the same legal provisions but the reasons are different
In QS. Al-Mujadalah verse 3, it is stated that people who watch their wives should withdraw what they say, so it is obligatory for them to free a slave before they mix.
Whereas in QS. An-Nisa 'verse 92, explained that anyone who kills someone who is wrong because of guilt should free the slave who has faith and pays the diyat given to the family killed.
The legal provisions contained in these two verses are the same law, but both verses have different causes. In this case there are ulama differences, namely:
a.       Ulama 'hanafiyah believes that the lafadz mutlaq should not be understood in muqayyad, and that each of the texts which are mutlaq and muqayyad must be carried out according to their nature.
b.      The Lafadz mutlaq must be understood in Muqayyad, and this does not require a proposition. Because the word of Allah SWT is materially the same.
c.       The opinion chosen by Baidlaqi and the well-known opinion in the Syafi'iyah school, namely between lafadz mutlaq and lafadz muqayyad both can be compromised, then the lafadz mutlaq must be understood in muqayyad by using analogy (qiyas) or Takhsis by the analogy of qiyas is allowed.
4.      Lafadz Mutlaq and Muqayyad have the same causes, objects and legal provisions
An example of this form is:[51]
From Naf'i from Ibnu Umar ra. Even though the Messenger of Allāh ajibkan required obligatory zakat one sha ma dates or oats for every free Muslim, male slave and woman.
But in another history without mentioning the phrase "from among Muslims". In both of these hadiths there is the same legal object, namely zakat fitrah, and the same legal provisions that require zakat fitrah. Mutlaq and Muqayyad are found in legal reasons, namely someone who is obliged to pay zakat (muzakki).
Ulama 'hanafiiyah argues that the lafadz Mutlaq is not understood by Muqayyad. But the majority of ulama 'argue that the lafadz Mutlaq can be understood in Muqayyad. That is to say, lafadz Mutlaq in the second hadith must be understood in Muqayyad based on the first hadith. So that zakat fitrah is not required except for Muslims who are obligatory dependents of zakat.

G.    Closing
One of many requirements for being a mujtahid is mastering on Arabic language. The topic of am, khas, mutlaq, and muqayyad are important and must be mastered. We also must understand the laws of them as a basis to doing ijtihad or simply understanding the true meaning of nash. We might able to just taqleed as well but it’s better to us for seeking truth or at least knowing our scholars foundation in making fiqh laws.
As the compiler, we suggest reader to dig more information about this topic through reading some scholars arguments or we even recommend to get a decent teacher on this topic. We also fully aware that this paper is lack from perfect and we hope some advises from the reader to make better writing in the future.

H.    Bibliography
Alhakim, Sofian. 2015.  Jurnal Konsep dan Implementasi Al-‘Amm dan Al-Khash dalam Peristiwa Hukum Kontemporer, Bandung: UIN Sunan Gunung Djati.
Bakry, Dr. H. Sidi Nazar. 2003. Fiqh dan Ushul Fiqh, Jakarta: RajaGrafindo Persada.
Djalil, Drs. H. A. Basiq, S.H., M.A. 2010. Ilmu Ushul Fiqih Satu dan Dua, Jakarta: Kencana.
Hakim, Abdul Hamid, Mabadi Awaliyah fi Ushulul Fiqh wal Qowaidul Fiqhiyah (translated by H Sukanan S.Pd.I and Khairudin).
Kamali,Dr. M. H., Abbreviation of Principles of Islamic Jurisprudence, Cambridge:Islamic Texts Society.
Koto, Alaiddin. 2010. Ilmu Fiqh dan Ushul Fiqh, Depok: RajaGrafindo Persada.
Syarifuddin, Amir. 2009. Ushul Fiqh, Jakarta: Kencana Prenada Media Group, cet ke-5.
Syarifuddin,Prof. Dr. Amir. 2012. Garis-Garis Besar Ushul Fiqh, Jakarta: Kencana.
Wafaa. Dr. Muhammad. 2001. Metode Tarjih atas Kontradiksi Dalil-Dalil Syara, Bangil: Al-Izzah.
Yasid,Dr. H. Abu, M.A., LL.M. 2012. Metodologi Penafsiran Teks Memahami Ilmu Ushul Fiqh sebagai Epistemologi Hukum, Jakarta: Erlangga.

Notes:
Penulis makalah ini tidak mendengarkan perkataan saya di kelas. Saya sudah berkali-kali mengatakan gelar tidak perlu ditulis dalam makalah, apalagi di footnote, abstrak dua bahasa, dan lain sebagainya. Intinya saya kecewa dengan makalah ini.


[1]Shah Abdul Hannan, Usul al Fiqh(1999), p.4
[2] Dr. M. H. Kamali,Abbreviation of Principles of Islamic Jurisprudence, (Islamic Texts Society,
Cambridge, U.K.), p.93
[3]Drs. H. A. Basiq Djalil, S.H., M.A.,Ilmu Ushul Fiqih Satu dan Dua, (Jakarta: Kencana, 2010), p.69
[4]Dr. Muhammad Wafaa, Metode Tarjih atas Kontradiksi Dalil-Dalil Syara, (Bangil: Al-Izzah, 2001), p.135
[5]Prof. Dr. Amir Syarifuddin, Garis-Garis Besar Ushul Fiqh, (Jakarta: Kencana, 2012), p.108
[6]Al-Quran Al-Adheem Soorah An-Nisa Verse 1
[7]Dr. H. Sidi Nazar Bakry, Fiqh dan Ushul Fiqh, (Jakarta: RajaGrafindo Persada, 2003), p.199
[8]Al-Quran Al-Adheem Soorah Al-Maidah Verse 89
[9]Drs. H. A. Basiq Djalil, S.H., M.A., Ilmu Ushul Fiqih Satu dan Dua, (Jakarta: Kencana, 2010), pp.70-71
[10]Abdul Hamid Hakim, Mabadi Awaliyah fi Ushulul Fiqh wal Qowaidul Fiqhiyah (translated by H Sukanan S.Pd.I and Khairudin), pp. 9-10
[11]Al-Quran Al-Adheem Soorah Al-Asr Verse 2
[12]Al-Quran Al-Adheem Soorah Al-Baqarah Verse 195
[13]Al-Quran Al-Adheem Soorah Al-Baqarah Verse 48
[14]Al-Quran Al-Adheem Soorah Al-Hujurat Verse 18
[15]Al-Quran Al-Adheem Soorah Al-IsraaVerse 110
[16]Al-Quran Al-Adheem Soorah An-Nisa Verse 78
[17]Dr. H. Abu Yasid, M.A., LL.M., Metodologi PenafsiranTeks Memahami Ilmu Ushul Fiqh sebagai Epistemologi Hukum, (Jakarta: Erlangga, 2012), pp.112-113
[18]Al-Quran Al-Adheem Soorah At-Tur Verse 21
[19]Al-Quran Al-Adheem Soorah Al-Qamar Verse 44
[20]Dr. H. Abu Yasid, M.A., LL.M., Metodologi Penafsiran Teks Memahami Ilmu Ushul Fiqh sebagai Epistemologi Hukum, (Jakarta: Erlangga, 2012), pp.112-113113-114
[21]Al-Quran Al-Adheem Soorah An-Nisa Verse 11
[22]Hadeeth Riwayat Abu Dawud, Tirmizi, an-Nasai, dan Ibnu Majah
[23]Al-Quran Al-Adheem Soorah An Nisa Verse 10
[24]Shah Abdul Hannan, Usul Al Fiqh, (1999) p. 11
[25]Prof. Dr. Amir Syarifuddin, Garis-Garis Besar Ushul Fiqh, (Jakarta: Kencana, 2012), p.86
[26]Amir Syarifuddin, Ushul Fiqh, (Jakarta: Kencana Prenada Media Group, cet ke-5, 2009), p. 87
[27]Alaiddin Koto, Ilmu Fiqh dan Ushul Fiqh, (Depok: RajaGrafindo Persada, 2010) p.210-211
[28]E-Journal, Sofian Alhakim, Konsep dan Implementasi Al-‘Amm dan Al-Khash dalam Peristiwa Hukum Kontemporer, (Bandung: UIN Sunan Gunung Djati Bandung, 2015)
[29]Al-Quran Al-Adheem Soorah Al-Maidah Verse 89
[30]Al-Quran Al-Adheem Soorah Al-Baqarah Verse 43
[31]Dr. Muhammad Wafaa, Metode Tarjih atas Kontradiksi Dalil-Dalil Syara, (Bangil: Al-Izzah, 2001), p.138
[32]Ibid, p.139
[33]Hadeeth Riwayat Muslim, Abu Dawud, Nasa’i and Turmudzi. (see jami’ al-ushul juz 5, p. 254 hadeeth no. 3333)
[34]Dr. Muhammad Wafaa, Metode Tarjih atas Kontradiksi Dalil-Dalil Syara, (Bangil: Al-Izzah, 2001), p.140
[35]Drs. H. A. Basiq Djalil, S.H., M.A., Ilmu Ushul Fiqih Satu dan Dua, (Jakarta: Kencana, 2010), p. 94
[36]Dr. H. Abu Yasid, M.A., LL.M., Metodologi Penafsiran Teks Memahami Ilmu Ushul Fiqh sebagai Epistemologi Hukum, (Jakarta: Erlangga, 2012), p.137
[37]Prof. Dr. Amir Syarifuddin, Garis-Garis Besar Ushul Fiqh, (Jakarta: Kencana, 2012), p.117
[38]Drs. H. A. Basiq Djalil, S.H., M.A., Ilmu Ushul Fiqih Satu dan Dua, (Jakarta: Kencana, 2010), p. 94
[39]Al-Quran Al-Adheem SoorahQS. Al-Mujadalah Verse 3
[40]Alaiddin Koto, Ilmu Fiqh dan Ushul Fiqh, (Depok: RajaGrafindo Persada, 2010) p. 226
[41]Drs. H. A. Basiq Djalil, S.H., M.A., Ilmu Ushul Fiqih Satu dan Dua, (Jakarta: Kencana, 2010), p. 95
[42]Dr. H. Abu Yasid, M.A., LL.M., Metodologi Penafsiran Teks Memahami Ilmu Ushul Fiqh sebagai Epistemologi Hukum, (Jakarta: Erlangga, 2012), p.139
[43]Alaiddin Koto, Ilmu Fiqh dan Ushul Fiqh, (Depok: RajaGrafindo Persada, 2010) p.226
[44]Drs. H. A. Basiq Djalil, S.H., M.A., Ilmu Ushul Fiqih Satu dan Dua, (Jakarta: Kencana, 2010), p.95
[45]Al-Quran Al-Adheem SoorahAn-Nisa verse 92
[46]Alaiddin Koto, Ilmu Fiqh dan Ushul Fiqh, (Depok: RajaGrafindo Persada, 2010) p.226
[47]Dr. H. Abu Yasid, M.A., LL.M., Metodologi Penafsiran Teks Memahami Ilmu Ushul Fiqh sebagai Epistemologi Hukum, (Jakarta: Erlangga, 2012), p.141
[48]Dr. Muhammad Wafaa, Metode Tarjih atas Kontradiksi Dalil-Dalil Syara, (Bangil: Al-Izzah, 2001), p.149
[49]Al-Quran Al-Adheem SoorahAl-Maidah verse 38
[50]Al-Quran Al-Adheem SoorahAl-Maidah verse 6
[51]Dr. Muhammad Wafaa, Metode Tarjih atas Kontradiksi Dalil-Dalil Syara, (Bangil: Al-Izzah, 2001), p. 162

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