INCOMPATIBLE ISLAMIC LAW RESOURCES:
URF, SADDUDZ DZARI'AH, MAZHAB SAHABAT, AND SYAR’U MAN QABLANA
Khoirun Nisa’ (16110018), Wildan Mahmud Hanafi (16110123)
UIN Maulana Malik Ibrahim Malang
Islamic Education 2019
Abstract:
In addition to the four sources or arguments of Islamic law or agreed upon (Muttafaq 'alaiha) among scholars there are sources or other propositions that use it as a source of Islamic law that is not agreed upon by all scholars of ushul fiqh (Mukhtalaf fiha). This law is still not specific as explained by the Qur'an And Hadith. The law is there are some of them Ijma ', Qiyas, Istinbath, Istihsan, Istishab, Maslahah Mursalah and so on. There are some that we will discuss in this journal including Urf, Sadduzzari'ah, Madzahb Shahaby, and Syar'u Man Qablana. We will discuss by taking some of trusted sources for reference.
Keywords: Urf, Sadduzzari'ah, Madzahb Shahaby, and Syar'u Man Qablana
A. PRELIMINARY
The science of usul fiqh is actually a science that cannot be ignored by a mujtahid in an effort to provide an explanation of the texts of the Shari'at of Islam, and in exploring laws that do not have a text. This science is also a science that is found as a judge in an effort to understand the law material perfectly, and in applying the law with practices that can state justice and in accordance with the material meaning needed by the ulama 'fiqh in conducting discussions, studies , analyzing and comparing between schools and opinions.
In the science of ushul fiqh there are many discussions, including Al-'Urf, Syadu Az-zariah, Madzahb Companions and Syar'u man qoblana which we will try to discuss which of these three things are part of the ushul fiqh, what underlies the ulama to make things As one of the legal basis, how they apply it in the real life of society, things are certainly not as easy as what we are discussing, because not all scholars agree, although not a few still make it a legal basis.
B. ‘URF
1. Definition of Urf
The word urf in etymology means "something that is considered good and accepted by common sense" whereas according to the terminology, as expressed by Abdul Karim Zaidan, the term urf means
ما ألفه المجتمع و اعتاده و سار عليه فى حياته من قول أو فعل
Something that is no stranger to one community because it has become a habit and unites with their lives in the form of actions or words.
Urf or custom is a word or deed that is commonly carried out by the community continuously.
In terms of fuqaha f urf is a habit, most people in their words and deeds. From this understanding we know that the urf in a case cannot be realized unless the urf must apply or often applies to the case, so that people who have the urf always pay attention and adjust to it. So the element of urf formation is the common habituation of many people, and this is only found in a continuous or frequent situation and if not so it is called an individual act. For example, the habits of Indonesian people in marriage are that the family of the prospective bridegroom comes to the place of the parents of the prospective bride to ask for her hand.
2. Distribution of urf
Judging from the various sides there are several urf divisions including the shape, namely urf amali (practice) and urf qauli (lingual). Judging from the cangkupnya object there is ur amm (general) and urf khash (specifically). Based on the legality before Syara 'there are legal (url) and urf fasid (illegal) urf. And from the community point of view there is a tsabit urf (continuous, static) and mutabaddil urf (dynamic)
· Urf qauli and urf amali
Urf qauli is an expression used by a community to express a certain meaning, so that when the expression is made, people will understand it with that meaning. In this case there is a transformation of the meaning of a pronunciation which is then used to express certain meanings. As rabbis say al dabbah to express the meaning of four-legged animals, even though the linguistic meaning (linguistics) of the vocabulary is every thing that crawls. Based on this, the urf qauli is not formed except by the transformation or narrowing of meaning pronounced from the lughawi meaning. Therefore, if a pronunciation is commonly known as its spiritual meaning, then the pronunciation of pronunciation with such meaning is not referred to as urf qauli but it is called urfiyyah haqiqat.
While the amf urf is any action that is usually carried out by a group of humans and is commonly known among them to carry out daily activities. As is the custom of the community in carrying out buying and selling transactions in mu'athah (handover of goods and exchange instruments without disclosing transactions) or istishna contracts.
· Urf amm and urf khash
Judging from the object's scope, the urf is divided into urm amm and urf khash. Urf amm is a tradition that is widely known by all circles. As someone swore not to set foot in someone's house. In the urf amm, stepping in means entering, on foot or driving. While urf khash is a habit that is not known by all circles but only a certain group. As usual expressions are expressed in syara 'habits, idioms of a certain group, such as the term raf' in the custom of naming nahwu experts.
· Faithful urf and facade urf
In terms of the legality of its application before Syara ', the urf is divided into two classifications, authentic urf and facade urf. Urf saheeh is things that are commonly known and do not conflict with the Sayriat texts, do not contain neglect of benefit, and do not have implications for mafsadah (damage). Such as the habit of giving gifts to the preacher for conducting sermons, or not taking into account the prizes given before the marriage contract as a dowry. Whereas the facade urf is a tradition that contradicts some lines of syara provisions; ’or its rules. As is the tradition of carrying out transactions with usury.
· Tsabit urf and mutabaddil urf
The tsabit urf is a static tradition, does not change because of changes in space and time, differences in each individual, or because of changing conditions. This is because of the basic character of every human being, such as the desire and need for food and drink, difficult and joyful atmosphere, and so forth. Included in the classification of the tsabit urf is the syara 'tradition in the form of loading (taklif), prohibited dam orders, and approval. While the mutabaddil urf is a dynamic tradition that can change due to differences in space, change of time, and changes in conditions. As without a head covering for respectable people. In eastern countries, this is considered bad and will reduce its honor. But in the western countries, this is common and is not a bad thing.
3. Honesty of the Urf
There are several arguments which are the reasons for the ulama to colonize with the urf and make it a source of jurisprudence law. That is :
a. The Word of God letter Al A'raf verse 199
خُذِ ٱلْعَفْوَ وَأْمُرْ بِٱلْعُرْفِ وَأَعْرِضْ عَنِ ٱلْجَٰهِلِينَ
Be thou forgive, and send men to do things which are good, and turn away from those who are fools.
According to al qarafy, according to him, according to al qarafy, law is stipulated according to him.
The word al urfi in the sentence is where human beings are told to do it, by the ulema ushul fiqih is understood as something that is good and has become a habit of society. Based on that, the verse is understood as a command to do something that has been considered good so that it has become a tradition in a society.
b. Basically, Islamic Shari'a from the early days was many, accommodating and recognizing good customs or traditions in the community as long as the traditions were not in conflict with the Qur'an and hadith. The arrival of Islam is not completely eradicating the traditions that have become one with the community. But selectively there are those that are recognized and preserved and those that are abolished. For example, custom is recognized, trade cooperation by sharing profits (al mudarabah). Practices such as this have developed among the Arabs before Islam, then recognized by Islam to become Islamic law. Based on this fact, the ulama concluded that good customs can legally be used as a legal basis, even if they fulfill several conditions.
4. Urf conditions can be used as a legal basis
Abdul Karim Zaidan mentioned several requirements for a urf that could be used as a legal basis, namely
a. Urf must include the urf that is saheeh in the sense that it does not conflict with the teachings of the Qur'an and Hadith. For example, it is customary in one country that it is legal to return a trusteeship to a wife or child from the giver or trustee owner. Habits like this can be used as a handle if there is a demand from the owner of the property itself.
b. Urf must be general, in a minimal sense it has become the custom of the majority of the nenegri clerics
c. The urf must already exist when an event will be based on the urf, for example someone who has inherited the results of his garden to the ulama, while the so-called ulama at that time only had religious knowledge without the requirement to have a diploma then the ulama's statement must be interpreted by the understanding that is already known is not in the sense that scholars become popular then after the endowment pledge occurs for example must have a diploma.
There is no firmness from the related parties that are different from the urf's will.
d. Because if both parties agree that they have agreed to not be bound by generally accepted habits, then the firmness is held, not the urf. For example the custom prevails in one community, the wife has not been able to bring her husband to move from the house of his master before paying off the dowry, but when the two have split they have agreed that the wife may be allowed to move without any conditions to pay the dowry. In this case what is considered valid is the agreement is not a custom that applies.
C. SADDUZARIAH
1. Understanding
The word sadd according to language means closing and the word az zariah means washilah or path to a destination. Thus sadd az zariah in language means closing the road to a goal. According to the term ush fiqh as stated by Abdul Karim Zaidan, Sadd Az Zariah means
انه من باب منع الوسائل المؤديه الى المفاسد
It means closing the road that leads to desolation or evil.
Whereas according to the ulema ushul is to be a way for those who are forbidden or forbidden, the law of the means is determined according to what it aims at. Suggestions or paths that are unclean are haram and means / roads to the moor are mubah. Something that is not carried out by an obligation except with him then must also do something. Zina is unclean, seeing the nakedness of women who can bring to adultery is haram too. Friday prayers are mandatory, leaving the sale and purchase because they want to carry out Friday prayers is also mandatory.
Recognition of zariah is basically by looking at the end of the deed, then towards the deed it is stipulated by the law which is in line with the result whether the result is intended or not. If the action carries the result of being prosecuted then the act includes being prosecuted should it lead to the bad, then the action is prohibited regardless of the intention of the culprit but the viewpoint is directed at the outcome of the act.
This Zariah is one of the basics mentioned by the book Malikiyah and Hanabilah. Whereas other mazahb books do not mention this title but what is covered by the zariah definition is also stipulated in hanafy fiqh and syafi'y with differences and similarities in several parts.
2. Kind of Zariah
Adz-Dzari'ah is divided into two, namely:
a. In terms of the quality of its interpretation, dzari'ah is divided into four:
• Dzari'ah / actions that will surely bring mafsadat, for example digging wells on dark public roads.
• Dzari'ah / actions which rarely bring mafsadat for example planting vines. Although grapes are often made liquor, but this includes rare. Therefore, this dzari'ah does not need to be banned.
• Dzari'ah / actions that are allegedly going to bring mafsadat, for example selling wine to liquor companies. This Dzari'ah must be banned.
• Dzari'ah / actions that often carry mafsadat, but the fear of occurrence does not arrive at a strong suspicion but only an ordinary assumption, such as a credit sale transaction that allows usury. There were differences in opinion among scholars about the fourth dzar'ah. some argue that it must be banned and some argue otherwise.
b. Dzari'ah was seen from the type of disobedience that was caused According to Ibn Qayyim al-Jauziyah, this type of dzari'ah is divided into 2, namely:
• Actions that bring disobedience, such as drinking liquor which results in drunkenness, and drunkenness is a kemafsadata.
• Actions that are basically permissible or recommended, but are used to commit acts that are haram whether intentional or not. The intentional example of marriage is al-tahlil and who accidentally berates someone else's father, which causes his parents to be abused by that person.
c. Dzari'ah looked at the shape divided into four, namely:
• Those intentionally intended for an affliction, for example, drink hard drinks. This is prohibited by Syara '
• Work that is basically permitted but is carried out for an obligation, for example marriage tahlil. This is prohibited by Syara.
• Occupations whose laws are permissible and do not aim for an obligation but will usually result in mafsadat, for example berating others. This is prohibited by Syara '
• Work that is basically permissible but sometimes brings mafsadat, for example seeing a woman who is favored. But according to Ibn Qayyim, the benefit is greater then allowed as needed.
3. Honesty of Zariah
Hold on to zariah and order the same law as the law produced, based on both the Qur'an and the Sunnah
a. In the Qur'an it is prohibited to curse idols with the word of God
يَا أَيُّهَا الَّذِينَ آمَنُوا لَا تَقُولُوا رَاعِنَا وَقُولُوا انْظُرْنَا وَاسْمَعُوا ۗ وَلِلْكَافِرِينَ عَذَابٌ أَلِيمٌ
Meaning: hi who believe, do not say (Muhammad): "Raa'ina", but say: "Unzhurna", and "listen". And for those who disbelieve a painful torment.
the prohibition was caused by the Jews using the words "raa'inaa" to curse the prophet, so people were forbidden to say it to close the opportunity (sadduzariah) of their invasion of the prophet.
b. In the Apostles' Sunnah, many of his hadiths came to him:
· The Prophet held back from killing the munafiq people while they continued to indulge in slander among the Muslims. This is because the zariah if they are killed will be said that the prophet Muhammad killed his best friend
· That the prophet forbade debtors to receive gifts from those who owe them to prevent usury.
· The Prophet forbade those who give alms to buy what they give away because zaiah and bound by the faqir return it at a bad or cheap price from the market.
C. MADZHAB SHAHABY
1. Understanding s Madzhab Shahabi
Many books of usul fiqh which discuss the different schools of thought shahaby although most penyebutannya way is by qaul Shahabi, or also there who called fatwa Shahabi,almost all the literature that discusses the schools Shahabi placed on the discussion about the "Personality disputed proposition", as is done asnawi in his book Sharh Minhaj al-fiqh. This suggests that different Shahabi mazdhab with ijma 'Shahabi who occupy a high position in the arguments of Personality' because kehujahannya acceptable to all parties, even among a minority of scholars there who refuse kehujjahan ijma 'in general.
in fact difficult to find a definition of madzhab Shahabi clearly, but from several sources that explain the nature of madzhab Shahabi, can be formulated in a simple sense, namely :
هو فتو ى الصحا بة با نفرا ده
Madzhab Syahabi are individually fatwa friend.
The simple formulation containing three discussion:
1. The use of the word "fatwa" in this definition means that it is an explanation that resulted from efforts ijtihad. Thus what is given by a friend and explained as originating from a prophet, not called Mazhab Shahabi , but the Sunnah, while businesses that deliver the so-called transmission.
Abu zahra outlines some possible forms Shahabi schools into the following forms:
a. What does the friend is a message he heard from the prophet, but he did not explain that the news was as sunna
b. What does the friend something he heard from people who heard it from the Prophet, but there is no description of the person that it came from the prophet
c. What does the friend was something that has been agreed upon by the environment, but which deliver only the best friend alone.
d. What does the friend something that has been agreed by the environment, but which deliver only the best friend alone.
e. What does the friend it is the result of an understanding of the arguments of the proposition, because of its ability in the language and in the use lafadz proposition.
2. Which passed a fatwa is a Nabi.tentang friend who called the best friend in this case there is a difference between the scholars of usul with hadith scholars.
a. Hadith clerics called friends were with "people who never met the Prophet and died in a state of Islam, hadith expert requires ever met with the prophet, and a necessary condition must exist at the friend was that he died in a state of Islam. Even if that person meet with the prophet. But if he is not in a state of Islam then he is not called a friend,
b. In the view of experts ushul called friend is the person who met the Prophet and believe in him and accompany the life of the prophet in a long period, even according to Badran, there are scholars who add requirements to be called a friend in conjunction with the Islamic Shari'ah is on him there is talent in the field of jurisprudence, so not everyone who accompanies the life of the prophet was called the friend.
3. The use of the word "individual" that seem obvious difference Madzhab Shahabi . with ijma 'Shahabi .because ijma' Shahabi not the opinion of the individual but the result of a common agreement on the law. To distinguish between the individual agreement, it seems there is the difference of opinion between scholars who recognize adnya ijma 'ulama who do not admit it.
For scholars who acknowledge the existence of ijma 'naru will state that delivered a pal as mazdhab Shahabi when there is the opinion of the rival parties other companions delivered bebeda with companions, if there is no objection from another friend, then it can not be called sects Shahabi. As for scholars who do not recognize the existence of ijma 'does not need to wait for their rival from another friend to call the opinion of friends as schools Shahabi, the opinion of a friend who does not clearly agreed upon other scholars in the form of ijma' can be called schools Shahabi, although the friends remained silent, because of reticence in this regard can not be interpreted as agreed.
2. Honesty of Madzab Shahaby
Here is the binding force to run the Muslims, so it would be a sin to not do it like leaving the command prophet
Discussion about whether schools Shahabi it concerns some aspects of the discussion, namely(1) discussion of kehujahan against other friendly fellow, and kehujahan to the next generation. (2) a discussion of the terms of the form of schools Shahabi, distinguished between personal ijtihad likely to come from friends or through other means. The scholars differed in this case, namely:
1) Opinions differ friend outside the scope of ijtihad although not mentioned messages obviously comes from the prophet could be evidence. If there are two or more different in another form, then settled with the applicable method.
2) Opinion companions within the scope of ijtihad not in the form of Tawfiq, about kehujjahan dependent for whom the opinion was imposed companions, scholars agree that the opinions companions in this form does not become the argument for other sahanat fellow, a good priest, a judge or mufti. Ulama agreement is approved by most experts ushul. and also ibnu Subki and asnawi argued as follows:
a. When a friend of the other it is a mujtahid, the opinion of a friend can not be applied to other friends, because mujtahid should not be bertaqlid neighbor's other best friend, when another friend was not a mujtahid of course he became muqallid, but this is its weak because it applies to people who are not mujtahid.
b. There is consensus' among friends which allow a friend of disagreements with other companions. This indicates that the opinion of a friend does not have the binding force of the other companions, no reproach from a friend to another friend, if he does not agree it indicates that the opinion of a friend does not have a binding force for the other companions.
Actually, the scholars differ about kehujahan the opinion of others that in addition friend to friend like: tabi; in, tabi'tabi'in and the next generation. :
1. Opinion among scholars consisting of scholars kalam as'ariyah and Mu'tazilah, Imam Shafi'i in one qaulnya, ahmad in one history, and al kharakhi of scholars Malikiyah. They say that the opinion of friends who come from ijtihad not be the argument for the next generation. There are several reasons including:
a. Word of Allah Almighty in Surat an-Nisa 59:
Which means that if you disagree return it to Allah Almighty and messengers.
Restoring all affairs to Allah and the Apostle in the event of a dispute.
b. Ijma 'friend of permissibility of different opinions among friends. If the opinion of a friend to go by, of course, a friend is obliged to follow the others, and this is impossible.
c. Friends of his opinion based on the results of ijtihad, not based taufiq, so there is a possibility that his opinion is wrong. Because friends do not argued to the opinion of others.
d. The friends sometimes disagree on some issues, some friends obeying a different opinion with another opinion.
2. Opinion among scholars consisting of: Malik ibn Anas, al-Razi, al-Barza'i of ash hanifah companions, al-Shafi'i in one qaulnya (qaul qadim) and Ahmad in one of his memoirs. They found it to be a friend of the opinion unanimously argument. They argued as follows:
a. Almighty Allah's words in the letter al imran 110
Which means: you are the best people were issued to men, sent to do ma'ruf
It means that what is told to friends adala makruf while makruf action is required.
b. Word of the prophet Muhammad, which means "the best friend is the star of stars like anyone you follow the instructions you will receive.
This hadith suggests to follow what is given by the companions of the Prophet. Show kehujahan opinion submitted by a friend.
3. Opinion among scholars who are not being absolute in accept or reject friend, means to accept a particular form and reject others, the opinion among others:
a. Opinion friend can defenseless proof if that opinion is contrary to qiyas, because the companions regular charity with qiyas, except when it finds another evident, a stronger push to not use qiyas, either in the form of texts or in the form of ijma 'when a friend violate qiyas , it is likely that he has a stronger proposition. When the same opinion with the possibility qiyas qiyas based his opinion, in this situation, so Qiyas that is the proof and not a personal opinion companions.
b. The opinion was supported by qiyas qarib friend can be a proof for this opinion has gained strength by its similarity to qiyas.
c. Opinion friend can go against if his opinions have been scattered and not found any other opinions that contradict him, this opinion emerged among scholars who do not accept the ijma 'sukuti as a stand-alone proposition. If the personal opinion of one's friend even though that opinion is widespread and there is nothing to deny it, but still called companions personal opinion, not the ijma 'of the Companions. Opinion companions into the argument because he has become ijma 'friend, but because it's a personal opinion companions clearly nothing to refute.
In some literature usul fiqh scholars expressed the opinion holds that kehujahan opinion of a friend is limited to friends of friends only. some think they are as follows:
1. Opinions are friends powerful argument when born from the ashes of fuels and Umar, together.
2. Opinions four people from four caliphs go against and no other companions.
3. The opinion of one other than Ali became caliph argument. Why ali is not in it because after becoming caliph he shifted his position to Kufa and time companions who became caliph resource for the deliberation forums in the period before Ali is gone.
4. Opinions of privileged personal friend of the prophet to the argument when he spoke in the privilege field like Zayd ibn Thabit, Muadh ibn Jabal, and ali bin abi Talib.
Among scholars who accept the opinion kehujahan absolute best friend in the place it appears dissent when he was confronted with qiyas:
1) Scholars who found it to be a friend of the opinion and are above argument qiyas, so if there's a clash between them, then it should take precedence over qiyas is the opinion of friends. Based on this opinion when there are two different opinions companions in one issue then its solution is as completion of two contradictory propositions yautu through tarjih.
2) Scholars who found it to be a friend of the opinion the argument, yet under qiyas position and if there is a clash between the two then it should take precedence over the opinion Qiyas friend.
Based on the second opinion on whether the opinion of this friend can be used for general proposition mentakhsis lafadz a law? there are several views:
a) Scholars who allow for mentakhsis general proposition as valid the arguments of another powerful argument of argument.
b) Other scholars argue should not be to mentakshis general proposition because the friends can leave their opinions when they hear the arguments of the public.
Among scholars who reject kehujahan Shahabi schools also differ in terms of whether people should bertaqlid friend after the friend in this case there are some opinions:
1) Muhaqqiq imam al Haramain as it is said in his book al burhan, said that should not be, because that is not strong belief in the truth of the opinion that because pendapay his companions were never recorded. As with the opinion of the four mujtahid imams instance whose opinions have been reflected by his students this is not because the quality of ijtihad priest who was four higher than ijtihad friend.
2) Implicitly allow the rational reason that when people may bertaqlid to the mujahideen after maa friend, would be more to the mujtahid may bertaqlid friend.
3) Qaul Qalam of al-Shafi'i said to his friend may bertaqlid his opinion as long as it is widespread, though overall not dubukukan.
4)
D. SHARIA BEFORE WE (SYAR'U MAN QABLANA)
1) Definition of Syar'u Man Qablana
Shari'a is taken or revealed to the prophet before Muhammad And the scholars explained that syariay before us is the laws that have been in syariatkan to the people before Islam brought by earlier prophets and apostles and a burden on the law to be followed by the people before the law of the Prophet Muhammad.
Believe their holy book revealed to the prophets preceding is a pillar of faith, but we believe also that the old covenant there now is not the law that was revealed to the prophet Moses, nor the Gospel that was revealed to the prophet isa, both books have changed through his hands.
2) Grouping Syar'u Man Qablana
Shari'a before we can be divided into 3 groups :
1. Previous Shari'a contained in the Quran or the explanation of the prophets in syariatkan for generations before the prophet Muhammad and the Quran also explained that such has been abrogated and no longer valid for the people of the prophet. Examples in the word of Allah swt al an'am verse 146 which means: "we forbade Jews every (animal) who have fingernails, and from cows and goats we forbade them the fat. "
Verse which tells what is forbidden for Jews to become gods. Then explained that it did not apply again for the people of the prophet Muhammad. dijealskan in Al An'am verse 145 which means "I do not find in what was revealed to an unlawful to people to eat except carrion, blood and pork."
Tealh clerics agreed that the previous law in this form has been abrogated not apply to the people of the prophet.
2. Law described by the Qur'an and the hadiths earlier prescribed for people and for the people a prophet and further example in Al Baqarah verse 183 which means:
"Obligatory upon you to fast as required on the previous race, you may become pious"
The paragraph has been described in an explanation of the applicable law of the prophet before the race to the next.
3. Law mentioned in the Qur'an, described are applicable to the people before the prophet, but clearly was not declared to the people of today, nor is there any explanation that the law has been abrogated.
3) The opinion of the scholars
Scholarly Hanafiyah, Some scholars Malikiyah, and syafi'iyah berpendappat that the prescribed legal pad also us and we are obliged to follow and apply as long as the law has been told to us and there is no law that shortly nasakhnya, they assume that it is included among the divine law that has been in syariatkan the apostles and described to us.
Some scholars say that our law was abrogated download or delete the previous law unless there is a law in the set, but in fact we only shortly law abrogating the previous Shari'a Shari'a berterntangan with us.
E. CONCLUSION
According to Al-Gazali, the urf is a condition that has remained in the human soul, justified by reason and accepted by a prosperous tabi'at. The legal basis of the urf is based on the agreement of the ulama 'that the saheeh urf can be used as a basis for proof as long as it does not conflict with syara'. In terms of its nature, the urf is divided into two, namely: urf qauli and urf Amali, while in terms of acceptability or absence the urf is divided into two, namely: Saheeh urf and Fasid urf. In terms of scope, the scope of use of the urf consists of urf A'am and typical urf.
Syar'u man qoblana is the Shari'a that was brought before the apostles before being sent by the Prophet Muhammad. That is a guide for the people they sent to him, such as the shari'ah of the prophet Ibrahom As, Shari'at the prophet Musa As, the shari'ah of the prophet David As, Shari'at the prophet Isa As, and so on.
Qaulu Shahabi is an opinion or fatwa of the companions of the Prophet SAW, about a case that has not been explicitly explained in the Qur'an and as-Sunnah.
The Dzari'ah Saddud consists of two cases namely saddu and dzari'ah. Saddu means barrier, obstacle or blockage, while dzari'ah means road. That means inhibiting or blocking or clogging all roads leading to damage or maksiyat.
BIBLIOGRAPHY
Abdullah, Sulaiman. 1995. Sumber Hukum Islam. Jakarta: Sinar Grafika
Alaiddin, Koto. 2004. Ilmu Fiqh dan Ushul Fiqh Jakarta .PT.RajaGravindo
Bintang
Effendi, Satria. 2005. Ushul Fiqh.Jakarta: Prenada Media
Hanafi, Ahmad. 1991. Pengantar dan Sejarah Hukum Islam. Jakarta: Bulan
Ilmiah (FKI)
Ismaeel, Fiqh Saeed.2017.Ushul Aplikatif.Darul brotherhood Publisher.
Mahfudh, Sahal. 2004. Kilas Balik Teoritis Fiqh Islam. Kediri: Forum Karya
Persada
Praja, Juhaya. 2010. Science Usul Fiqh. Faithful Reader CV.
Sudarsono. 2001. Pokok-pokok Hukum Islam. Jakarta:Rineka Cipta
Syarifuddin, Amir.2008.Ushul Fiqh.jakarta: Kencana.
Syarifuddin, Amir.2011.Ushul Fiqh.jakarta: Kencana.
Catatan:
1. Makalah ini kurang rapi.
2. Abstrak dalam dua bahasa.
3. Penulisan gelar (Prof., Dr., ustadz, dll) dihilangkan dalam tulisan ilmiah.
4. Pelajari lagi bagaimana menulis footnote dan daftar pustaka yang benar.
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