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
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.”
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 ...
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
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
[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
[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
[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
[51]Dr. Muhammad Wafaa, Metode Tarjih
atas Kontradiksi Dalil-Dalil Syara, (Bangil: Al-Izzah, 2001), p. 162
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