Lestariati Nur
Cholifah (16110005), Istitoatur Rohmah (16110133)
UIN Maulana
Malik Ibrahim Malang
Islamic
Education 2019
Abstract:
In everyday
life what humans do has rules or laws. In Islam the main legal sources are
Al-Quran and Hadith. However, there are some laws that are still not specific
as explained in the Al-Quran and Hadith. Then there are several methods for
determining the law. In addition to the method of ijma', qiyas, istinbath and
so on, there are several methods that we will discuss in this journal. Among
them are Istihsan, Istishab, and Maslahah Mursalah. We will discuss the
understanding, types and progress of the three. We take several trusted sources
as references.
Keywords:Istihsan,
Istihsab, Maslahah Mursalah.
A.
PRELIMINARY
The source of Islamic law is something
that is used as a guide for Muslims. There are two sources of Islamic law,
namely Muttafaq and Mukhtalaf. Muttafaq is an agreed upon
source of Islamic law. And Mukhtalaf is a source of Islamic law that is
not agreed upon.
The legal source of muttafaq includes; Al-Quran,
Hadith, Ijma ', and Qiyas. While the legal source of Mukhtalaf
is; Istihsan, Istihsab, and Maslahah Mursalah. Unapproved legal
sources are not necessarily not used. There are some scholars who allow, some
are opposed. In the following, we will present the understanding, kinds, and
progress of the legal sources of Mukhtalaf.
B.
ISTIHSAN
1.
Definition and Nature of Istihsan
Etymologically,
the meaning of the term istihsan is asking to do good, which is to judge or
calculate something so that it can be considered a good. Al-Sarakshi argues
that istihsan is interpreted in a language as
طلب الأحسن للأتباع الذي هو مأمور به
Which means "Trying to get the best to follow for something
that is calculated to be implemented."[1]
Some of Ushul expressed
istihsan understanding in terms of the following:
a.
In his book Al-Mustashfa juz 1: 137, Al-Ghazali defines istihsan as
all things that are considered good by the mujtahids based on their reasoning.
b. Ulama Ushul Hanafiyah define istihsan as:
العمل بالاجتهـــاد وغالب الرأي فى تقدير ما جعله الشرع موكولا إلى
آرائنـــــــــــا
"To do ijtihad with all
thoughts in determining something that the Shari'ah gives it to our
opinion."
c. Al-Muwafiq Ibn
Qudamah al-Hambali said that istihsan is a form of justice regarding the law
and its views caused by certain propositions originating from the Qur'an and
the Sunnah.
d. In the Al-Maliki
school of thought, Abu Ishaq Ash-Syatibi said that istihsan is a taking which
is aimed at having a juz'i character in response to general (global) arguments.
e. Al-Hasan
Al-Kurkhi Al-Hanafi believes that istihsan is a fair act concerning a legal
problem by looking at other laws, due to something stronger that requires
justice.
From
some of the definitions above, istihsan revolves around three things, namely:
a.
That istihsan is a deviation or alteration in the stipulation and
application of a law that has been set against another provision on a problem
because there is a strong reason for the change.
b.
Istihsan is a move or leave a clear qiyas provision in the qiyas
provisions that are still vague or hidden due to the existence of strong
reasons for wanting it. For example, based on the hadith that the waqf property
should not be traded, granted, and also inherited. However, if the waqf
property is no longer functioning as expected by the waqif, then in this case
the waqf item may be sold, then the result will be bought for the same or not,
the important thing is that the item has a useful or useful value. This is what
is called istihsan.[2]
c.
Istihsan that is leaving the provisions of kully and practicing
special provisions as a form of exclusion from the provisions of the kully, or
it can be said as the specialization of qiyas due to the reason for the
strongest dalil.[3]For
example, in Islam, it prohibits the sale and purchase and makes a contract
about something that is unclear and has no form when the transaction occurs.
However, religion provides a dispensation on the basis of buying and selling
greetings (there is no form of goods when the buyer pays the price), this also
includes labor, plantation / agriculture, and istishna '(new items will be made
when the contract). All these contracts, the goods do not yet exist or have no
form, but are allowed by religion on the basis of istihsan, because the people
really need them.
From several definitions and three things about istihsan that have
been explained above, it can be concluded that in essence istihsan is related
to the implementation or application of legal provisions that are clearly basic
and the rules in general from Nash, ijma ', or qiyas, but legal provisions
already it is clear that this cannot be applied or implemented and must be
changed because it deals with specific and specific issues.
2.
Istihsan Formulation Base as a Dalil
The root of istihsan's emergence as a legal proposition starts from
the qiyas problem. As one of the legal arguments in certain issues, qiyas
cannot be applied because one of the elements of the pillars is, ‘Illat does
not fulfill the requirements. That at íllat qiyas which will be made as the
equalization of a law concerning a particular problem cannot be applied, because
it is not comparable or balanced. Therefore it must be solved in other ways
that are closer to the syara goal. The istihsan rationale and formulation is
like this which is then used as one of the legal propositions. Istihsan thought
was initially raised by Imam Abu Hanifa and his followers.[4]
Hasbi Ash-Shidqi explained that
istihsan arises because of legal problems that violate or contradict the rules
that have been used because of a reason that requires leaving or disregarding
the rule. Because by leaving the rules that are commonly used, it is closer to
syara. According to Hasbi Ash-hidqi, the use of istihsan only applies to
juziyah problems not to kulliyah problems.[5]
In the Madzhab Maliki, that istihsan is included in prioritizing
the mashlahat mursalah of qiyas. That is, if there is resistance between the
mashlahat al-mursalah and qiyas that are applied to the problem that occurs,
then what is the purpose of the law cannot be realized.
The basis of
istihsan formulation among the Madzhab Hanbali of Religion is based on three
thoughts. The first one is the deviation from the legal provisions that should
be applied because there are specific propositions from the Qur'an and the
Sunnah. Second, everything that is deemed good is based on Mujtahid's
consideration. Third, there is a proposition that according to Mujtahid's size
cannot be realized.
But Ash-Shafi'i
explicitly said that istihsan without an unacceptable argument is even
forbidden. In the Ar-Risalah Ash-Shafi'i said: "Indeed it is unlawful
for someone who sets everything with an istihsan path, if istihsan violates the
hadith. And no longer can someone say: "I have no intention of using
qiyas". Suppose we may exclude qiyas, it is permissible for resourceful
people of people who do not have the knowledge to say something that there is
no hadith against him by using istihsan basis. Istihsan is actually just
looking good. "
In the book
Ibnalul Istihsan, Asy-Syafi'i explained the arguments which affirm that the
muftis should not use istihsan, because if they act with istihsan it means he
deviates from the Qur'an, As-Sunnah, Ijma 'and Qiyas, so that it can be said
that he followed his own opinion.[6]
3.
The Honesty of Istihsan and the View of the Ulama
Based on the
explanation on the sub-chapters of istihsan formulation as the above
proposition, we can know how the istihsan harmony is in the view of the
scholars, the following is the description:
a.
Ulama Hanafiyah
Abu
Zahrah argued that Abu Hanifah used a lot of istihsan, as the information
written in several books of the Prophet explained that Hanafiyah acknowledged
the existence of istihsan. Even in a number of books of Fiqh, there are a lot
of discussions about issues related to istihsan.
b.
Ulama Malikiyah
Ash-Syatibi
said that indeed istihsan was considered as a strong proposition in the law as
the opinion of Imam Maliki and also Imam Abu Hanifa. In addition, Abu Zahrah
said that Imam Malik often spoke using istihsan.
c.
Ulama Hanabilah
In
some of the books of the Prophet it is stated that the Hanabilah group acknowledges
the existence of istihsan, as stated by Imam Al-Amudi and Ibn Hazib, but
Al-Jalal Al-Mahalli in the book Syarh Al-Jam 'Al-Jamwami' asserts that istihsan
is recognized by Abu Hanifah , but other scholars deny it including
glonganHanabilah in it.
d.
Ulama Syafi’iyah
The
Al-Shafi'i group clearly refused and did not acknowledge the existence of
istihsan, and they completely shunned istihsan to be used in legal terms and
did not use it as a proposition. Even Imam Shafi'i said "Whoever uses
istihsan means that he has made the shari'ah." He also said "All
matters have been arranged by Allah SWT, at least there are those who like it
so that they are allowed to use qiyas, but are not allowed to use istihsan.”[7]
C.
ISTISHAB
1.
Definition of
Istishab
Istishab comes from Arabic, wazan istif'ala (istishaba) from the word ash-shahabah, which means establishing or abolishing the law of something according to a situation that happened before.[8]
According to experts in fiqh, Istishab's understanding is: "The validity of something in the second time such as this has been valid for the first time as long as no one has changed it." The essence, istishab is to keep using or enforce what has been valid before, as long as there is no change.[9]
2. Types of Istishab
Istishab consists of several types:
a. Istishab Al Adam Al Ashli (The principle of origin does not exist)
Which means there is nothing until someone determines it. In the case of law it means there is no law until someone has set the law. This is called the principle of legality.[10]
b. Istishab Baroati Dzimmah (Principle of Free Liability)
This principle means to be free from responsibility as long as there is no evidence. It was said as the principle of presumption of innocence. For example, someone is not guilty until he is found guilty.[11]
Istiṣḥāb al-bara'ah al-aṣliyyah or Ibn al-Qayyim's perspective term bara'ah al-‘adam al-aṣliyah is like the liberation of man from the demands of syara '. Until there is a clue that requires the order. This is like a child who is incapable of loading anything until he is high. Baligh is the beginning of loading so that baligh people are called mukallaf (balligh and sense).[12]
c. Istishab Dalilul ‘Am Qobla Wurudil Ma’aridzi (General Principle of the Proposition)
That is, practice the arguments that are generally used before there is a proposition that limits it. For example, regarding inheritance, children are generally entitled to inherit from their deceased father until there is a special argument that explains that the child is not entitled to inherit from his father.[13]
d. Istishabul Hukm(Principle of Legal Enforcement)
A law is still in force until then there is a law that cancels the first law. The old law did not apply until there was a new law.[14]
e. Istishabul Washfu (Principles of Applicability of Nature or Circumstances)
Means that it still applies a trait or condition until something changes it. For example, a person who clearly marries a marriage is still said to be a husband and wife until the couple divorces.[15]
f. Istishabul Hukmul ‘Aqli (Principle of Intellect Law)
Enacting a law through human thought (reason), until revelation to the Prophet Muhammad as a law.[16]
g. Istishabu Hukmul Ijma’ (Ijma Law Principle ')
Use the law that has been established with ijma 'when there is a change there is another' ijma 'that determines it. The real example is, people who pray with tayamum, then look at the water, then do not cancel the prayer.[17]
3. Istishab Honesty
In general, ulama 'ushul fiqih places istishab as a legal proposition, except for some istishab forms. Ulama 'Mu'tazilah acknowledges the istishab of reason, and only the Ulama' Mu'tazilah admit it. While 'hanafiyah scholars only enforce istishab to defend existing laws and reject the determination of new laws.
Other 'ulama base their opinions on the hadith of the Prophet Muhammad and add the rules of jurisprudence as follows:
الْيَقِنُ لَا يُزَالُ بِالشَّكِّ
Meaning:
"Something that is believed to not be eliminated by doubtful things.”
D. MASLAHAT MURSALAT
1. Definition of Maslahah Mursalah
Etymologically, the word "المصلحة" plural "المصالح" is interpreted as
something good, useful and it is the opposite of evil or damage and in Arabic
it is often also called "الخير و الصواب"
which is good and right. Maslahat is also called (الاستصلاح) which means looking for
the good.[18]
In the introductory book of sharia
law maslahah al-mursalah is interpreted as a good that is not bound to the
theorem / nasal Qur'an and sunnah. According to the term ushih fiqh in fact
al-mursalah is to establish legal provisions that have not been mentioned at
all in the Koran and the Sunnah for consideration of attracting good and
rejecting evil in the life of society.[19]
Jalaluddin
Abdurrahman explicitly states that maslahat in a more general sense and what is
needed is all what is beneficial for good human beings who are useful to
achieve goodness and pleasure as well as those that are to eliminate
difficulties and distress.
المصلحة بمعناه الأعم كما يتصور الأنسان كل ما
فيه نفع له, سواء كان الجلب و التحصيل الفوائد و اللذائذ أو بالدفع والأرتقاء
كاستبعاد المضار والالام
In other words, it can be understood that the essence of the maslahat is the creation of goodness and pleasure in human life and avoiding things that can damage it. However, benefit is related to the order of the good and worthy goodness that is needed by humans. Then, maslahat according to the syara 'understanding basically, among ulema ushul has the same view, although it is different in providing definitions. Jalaluddin Abdurrahman, for example, states that maslahat is maintaining the meaning of the syara 'law for the various virtues that have been outlined and defined by its boundaries. Not based on mere human desires and passions. Furthermore, Imam Al-Ghazali defines that maslahat is an effort to achieve and realize benefits or reject harm. According to Ibn Taimiyah, what is meant by maslahat is a mujtahid view of actions that contain clear goodness and not actions that are contrary to the laws of syara '.
From the three definitions, it can
be seen that the problem in question is the benefit which is the purpose of
syara 'not benefit which is based solely on human desires and passions.[20]
Because the purpose of legal observance is nothing but to realize the benefit
of humans in all aspects and aspects of their lives in the world and avoid
various forms that can lead to damage. With the other intention that every
legal provision outlined by Shari 'is aimed at creating benefit for humans.
2.
Types of
maslahat
Distribution of
maslahat can be divided into two types, namely in terms of their level and
existence.
a.
Maslahat from
the levels
This type of
benefit is in terms of its level of concern which is related to interests which
are the needs or needs of human life. According to Mustafa Said al-Khind, the
problem in terms of its level is divided into three, namely:
1) Maslahat Daruriyat
What is meant by the problem of Daruriyat is the benefit that is the basis for upholding human life both in relation to religion and the world. If he escapes in human life it will cause damage to the human life order.
Zakariya
al-Birri said that the masses of Daruriyat are a basic basis for ensuring human
survival. If it is damaged, there will be a big slander and disaster.[21]
المصالح الضرورية أي الأساسية الجوهرية التي تقوم
عليها حياة الناس بحيث أختل نظام الحياة وعمت الفوضى و كانت الفتنة والفساد الكبير
Furthermore,
there are five types of Daruriyat maslahat included in the scope of the
maslahat, namely matters relating to the maintenance of religion (hifdz ad-in),
souls (hifdz an-naas), reason (hifdz al-aql), descent (hifdz) an-nasab) and
wealth (hifdz al-maal).
2)
Maslahat
Hajiyat
What is meant
by this type of maslahat is the problems needed by humans to eliminate the
difficulties and difficulties faced.[22]
In terms of the level of this problem, it is lower than maslahat daruriyat.
Among the legal provisions that are intended to alleviate and facilitate human
interests are all the waivers brought by Islamic teachings, such as being
permissible for breaking the fast for travelers and those who are sick and may
condemn prayer during the journey. These examples are benefits needed by
humans. If it cannot be realized in life it will not cause damage, but it will
only cause difficulties.[23]
3)
Maslahat
Tahsiniyah
What is meant
by this type of maslahat is its nature to maintain the goodness and goodness of
character and beauty only. If this benefit cannot be realized in daily life, it
will not cause difficulties and crack the order of human life. In other words,
this benefit is more referring to beauty alone ((زينة الحياة. Nevertheless, this
benefit is still needed by humans. For example in matters of worship, Allah has
given various forms of holiness, closed the nakedness and beautiful clothes and
so on Prophetic hadiths are taught to wear perfumes which are basically human
pleasures.
And including,
for example, those relating to adab and the procedures for eating and cleaning.
All problems that are categorized to the maslahat of the tahsiniyah are only
for good and perfection. If it cannot be realized and achieved by humans it is
not difficult and damaging to the order of human life.
b. Maslahah seen in terms of its existence
If maslaha is seen in terms of its existence or form the ulema ushul divides it into 3 types:
1)
Maslahat
mu’tabarah
What is meant
by this problem is the problem that there is a text explicitly explaining and
acknowledging its existence in other words the problem recognized by Syar'i and
there is a clear argument to maintain and protect it. If Shari mentions in the
text about the law of an event and mentions the value of the maslahah it
contains, then it is called maslahah muktabarah. Included in this masahah are
all benefits explained and mentioned by texts such as maintaining religion,
soul, wealth, reason and property. All ulama 'agree that all maslahat that are
categorized as maslahat must be enforced in life because they are seen from the
level of their level of interest which must be upheld.[24]
2) Problem with Mulghoh
What is meant by this problem is a problem that is contrary to the provisions of Nash. In other words, the problem was rejected because there was an argument that showed that it was contrary to the provisions of a clear argument.
The example that is often pointed out by ulama 'ushul is to compare the provision of inheritance between a woman and her brother. This equation does seem to have benefits, but it is contrary to the provisions of the text that has been specified. This is mentioned in the Qur'an surah An-Nis verse: 11 which is "Allah has decreed for you (concerning the distribution of inheritance) for your children, that is for a boy equal to part 2 times a daughter" . This paragraph explicitly states that the distribution of inheritance of a boy is equal to 2 children. But nowadays because of wanting to create benefit, the division is changed to that between a boy and a girl get the same share in inheritance. The similarity between the boy and girl child with the reason of benefit like this is called the mulghah mashah because it is contrary to the sarih text.
3)
Maslahah
Mursalah
This matter is
maslahah which explicitly does not have even one argument that either
acknowledges it or rejects it. More explicitly the masalhat is included in the
type of problem that is ignored by Nash. Thus the problem of mursalah is a
problem that is in line with the goals of syara 'which can be used as a
foundation in realizing the goodness that is desirable for humans and avoiding
kemadharatan. It is recognized that in reality this type of problem continues
to grow and develop along with the development of Islamic society which is
influenced by differences in conditions and places. According jalaluddin abdur
rahman that the problem is divided into 2 types, namely: first, the problem is
basically in general and in line with what is carried out by the Shari'a. In
other words, the category of problem in this type is related to maqasid al
sharia, namely in order to realize the objectives of the Shari'ah which are of
a basic nature. Secondly, the problems which are vague and very much needed
sincerity and carefulness of the mujtahids to realize them in life.
c.
Requirements
Maslahah Mursalah
Regarding the
requirements to use this problem among ulema 'ushul, there are indeed
differences in terms of terms or numbers. But in general there are 3 conditions
that must be considered when using the problem problem in setting the law as
follows:
1)
The benefit
should be that there is no dail who rejects it. If there is a argument that
rejects it, this problem cannot be applied. The essence of the problem is that
there is absolutely no argument in the text, both those who reject it and those
who admit it, but there is a benefit that is expected by humans which is in
line with the aim of syara '.
2)
Sorry, it
should be a problem that can be ascertained that it is not a vague thing or an
engineered one. According to Zak Al Din Sya'ban, it was hinted that the problem
was not based on desire because such things could not be carried out.
3)
Maslahah
mursalah, maslahat should be of a general nature, namely the condition which is
indeed related to the interests of many people in other words the problem that
brings benefits to all Muslims is open only partially.
In addition to
the 3 conditions mentioned here, there are other conditions that the problem is
that the problem is logical and that it fits with reason. It means that
substantially the problem is in the same time and as a matter of fact accepted
by the mind. Then Imam Al Ghazali mentions with maslahah mursalah, maslahah is
agreed upon by the Islamic people about its existence and proven to be practiced
in their lives. From the requirements of maslahat mursalah which have been
mentioned above, there is an important existence in the maslahat mursalah that
must be in line with the objectives of syara ', intended by humans, and can
protect human interests.
d.
Position of
Maslahah Mursalah
In the Ushul
school of thought there are differences of opinion about the position of maslahah
mursalah and its power in good Islamic law which accepts you who refuse. The
following will explain the differences between people between the ushul schools
of thought who accept and those who refuse and the reasons that accompany them.
1)
The Maliki
schools and Imam Ahmad Ibn Hambal, said that maslahah mursalah is one of the
sources of law and at the same time Hujjah Syar'iyah. According to Abdul Karim
Zaidan's explanation, Imam Malik and his followers and Imam Ahmad made maslahah
mursalah as a legal and legal argument in establishing the law.[25]
As for the reason or argument of this school that maslahah mursalah is the
argument and hujjah Syar'iyah are as follows:
a)
According to
the Maliki schools and Imam Ahmad Ibn Hambal that the Companions had gathered
the Qur'an in one manuscript, and this was done for fear that the Qur'an could
be lost. This did not exist in the time of the Prophet and there were no
prohibitions. The collection of the Qur'an in one manuscript is solely for the
benefit of it. And in practice the friends had used maslahah mursalah which had
not found a single argument which prohibited or ordered him.
b)
Indeed, the Companions
have used Maslahah Mursalah according to the purpose of Shara ', then it must
be put in accordance with that purpose. if the exclusion means to exclude the
purpose of the Shari'ah and such things are null and unacceptable. Therefore,
holding on to maslahah mursalah is an obligation because it is one of the main
standpoints of its own, does not come out from the other main points, instead
there is a meeting point. For this dassar, it can be seen that for this school
the maslahah must be part of the goal of the Shari'ah even though it is not
explicitly mentioned in the text.
c)
Furthermore,
the real purpose of the law is to realize the benefit and reject the scale of
damage in human life. And there can be no doubt that the benefit continues to
grow in accordance with the development of zamandan and so the problem will
continue to change with changes in situation and environment. If the benefit is
not observed closely and not responded to with the appropriate provisions
keculi only fixated on the existence of the arguments that admit it surely
benefit will be lost from human life and will stop the growth of law. Even
though the attitude that does not pay attention to the development of maslah is
not in line with what is the goal of Shari'a, namely realizing the benefit and
rejecting the destruction of the nature of human life. This third reason is the
key word for this school of thought in keeping the maslahahah mursalah as
syriyyah hujjah.
2)
Hanafi, Syafi'i
and Dzahiriyah schools of thought argue that problems cannot be accepted as
evidence in establishing the law. The basis for refusing the school is as
follows:
a)
According to
the school of thought that Alla (syar'i) rejects part of the maslah and
recognizes some of the others, while the problem is that there is a doubt.
Because maybe the problem is that it is rejected or acknowledged by Shari'ah.
Therefore, the issue of madrasah is impossible and cannot be used as an excuse
in legal formation.
b)
Indeed, using
maslahah mursalah in the stipulation of the law there is a way to walk based on
lust and things like this are not allowed.
c)
That using
Maslahaha Mursalah means that it will cause legal differences due to
differences in times and environment. Surely that blessing will always change
with the changing times and situations. Of course this will eliminate the
function of the generality of the Shari'a and its values that apply to every
era and place.
From the
differences of opinion between the schools of thought, it turns out that the
roots of the differences are on the side of their respective views about the
maslahah mursalah itself. After examining the differences between the ulema of
the ushul fiqh regarding the position of maslahah mursalah in Islamic law,
actually between groups that accept and reject it can be concluded that all of
them basically have a meeting point that the group that refuses not rejects
completely is the problem. This means that the second group stresses that if
the first group is the one that is intended to be considered as a benefit desired
by Shari 'to be maintained, it is based on lust and reason only, then it can be
accepted.
E.
CONCLUSION
Three things about istihsan that have been explained above, it can
be concluded that in essence istihsan is related to the implementation or application
of legal provisions that are clearly basic and the rules in general from Nash,
ijma ', or qiyas, but legal provisions already it is clear that this cannot be
applied or implemented and must be changed because it deals with specific and
specific issues.
According
to experts in fiqh, Istishab's understanding is: "The validity of
something in the second time such as this has been valid for the first time as
long as no one has changed it." The essence, istishab is to keep using or
enforce what has been valid before, as long as there is no change.
From the three definitions, it can be seen that
the problem in question is the benefit which is the purpose of syara 'not
benefit which is based solely on human desires and passions. Because the
purpose of legal observance is nothing but to realize the benefit of humans in
all aspects and aspects of their lives in the world and avoid various forms
that can lead to damage. With the other intention that every legal provision
outlined by Shari 'is aimed at creating benefit for humans.
BIBLIOGRAPHY
Al Jauziyah, Ibnu Qoyyim. 2007.Panduan Hukum Islam. Jakarta:
Pustaka Azzam.
Al Said Al Abd. Rabuh, Muhammad. 1980.Buhus Fi Al Adillah Al
Muktalaf Fiha Inda Al Ukhuliyyin. Mesir : Matba’ah Al-Sa’adah.
al-Birri, Zakariya. 1975. Masadir al-Ahkam al-Islamiyah. Kairo:
Dar al-IttihadLittba’ah.
Al-Saraskhi. 1977.Ushul ak-Saraskhi.Kuwait: Dar al-Qalam.
Ash-Shidqi,Hasbi. 1973.Pokok-Pokok Pegangan Imam-Imam Madzhab
dalam Membina Hukum Islam. Jakarta: Bulan Bintang.
Karim Zaidan, Abdul. 1977. al-Wajiz Fi Ushul al-Fiqh. Bagdad
al-Dar al-Arabiyah Littiba’ah.
Muhammad Hasbi Ash Shiddieqy,Teungku. 2001.Falsafah Hukum Islam.
Semarang: PT. Pustaka Rizki Putra.
Rosyid,Maskur. 2018. Jurnal Hukum dan Pemikiran. Vol.18 No 1 (Juni,
2018). Banten: Sekolah Tinggi Ekonomi Syariah
(STES) Islamic Village.
SA,Romli. 2014.Studi Perbandingan Ushul Fiqh. Yogyakarta:
Pustaka Pelajar.
Syafe’i,Rachmat. 2015. Ilmu Ushul Fiqh. (Bandung: CV Pustaka
Setia.
Syarifuddin, Amin. 2012.Garis-Garis Besar Ushul fiqih. Jakarta:
Kencana Prenada Media Group.
Zuhdi, masjfuk. 1987. Pengantar Hukum Syari’ah. Jakarta:
Haji Masagung.
Catatan:
1. Abstrak dwi bahasa.
2. Introduction tidak representatif, terlalu simpel.
3. Penulisan rujukan dari artikel jurnal salah.
4. Pelajari lagi cara penulisan footnote, kapan menulis miring dan tidak, dan kapan menulis dengan huruf kapital dan tidak.
5. Perlu diperbanyak contohnya agar paham.
[1]Al-Saraskhi,
Ushul ak-Saraskhi, (Kuwait: Dar al-Qalam, 1977), p. 200
[2]Masjfuk
Zuhdi, Pengantar Hukum Syari’ah, (Jakarta: Haji Masagung, 1987), p. 82
[3]
Romli SA, Studi Perbandingan Ushul Fiqh, (Yogyakarta: Pustaka Pelajar,
2014), p. 194
[5]
Hasbi Ash-Shidqi, Pokok-Pokok Pegangan Imam-Imam Madzhab dalam Membina Hukum
Islam, (Jakarta: Bulan Bintang, 1973), p. 163
[6]
Teungku Muhammad Hasbi Ash Shiddieqy, Falsafah Hukum Islam, (Semarang:PT.
Pustaka Rizki Putra, 2001), p. 291-292
[7]
Rachmat Syafe’i, Ilmu Ushul Fiqh, (Bandung: CV Pustaka Setia, 2015), p.
112
[8]
Ibnu Qoyyim Al Jauziyah. Panduan Hukum Islam, (Jakarta: Pustaka Azzam, 2007) p.
229.
[9]
Amin Syarifuddin. Garis-Garis Besar Ushul fiqih, (Jakarta: Kencana Prenada
Media Group, 2012) p. 68.
[10]
Ibid, p. 68.
[11]
Ibid, p. 68.
[12]
Maskur Rosyid, Jurnal Hukum dan Pemikiran. Vol.18 No 1 (Juni, 2018), (Banten: Sekolah Tinggi Ekonomi Syariah (STES) Islamic Village,
2018) p. 45-64.
[13]
Ibid, p. 69.
[14]
Ibid, p. 69.
[15]
Ibid, p. 69
[16]
Ibid, p. 69
[17]
Ibid, p. 69
[18]Romli
SA, Studi Perbandingan Ushul Fiqh, (Yogyakarta: Pustaka Pelajar, 2014),
p. 217-218
[19]Masjfuk
Zuhdi, Pengantar Hukum Syari’ah, (Jakarta: Haji Masagung, 1987), p. 83
[21]Zakariya
al-Birri, Masadir al-Ahkam al-Islamiyah, (Kairo: Dar
al-IttihadLittba’ah, 1975), p. 124.
[23]Romli
SA, Studi Perbandingan Ushul Fiqh, (Yogyakarta: Pustaka Pelajar, 2014),
p. 221-222.
[24]Muhammad
Al Said Al Abd. Rabuh, Buhus Fi Al Adillah Al Muktalaf Fiha Inda Al
Ukhuliyyin (Mesir : Matba’ah Al-Sa’adah 1980) p.95.
[25]Abdul
Karim Zaidan, al-Wajiz Fi Ushul al-Fiqh, (Bagdad al-Dar al-Arabiyah
Littiba’ah, 1977), p. 238
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