MayangMustika
BR. Tarigan (16110049), Moh. NadhifulAlim (16110113)
Mahasiswa PAI
UIN Maulana Malik Ibrahim Malang
PAI I 2019
Dalam jurnal ini membahas dan memahami bagaimana menarik dan menetapkan
suatu hukum yang bersumber dari Al-Qur’an dan Sunnah. Pada pembukaan diawali
dengan pengertian tentang Manthuq, Mafhum, Mujmal, dan Mubayyan. sebagai ulama
Ushul (faqih) dan ahli ushul fiqih (ushuly) harus mengetahui prosedur dan cara
penggalian hukum (thuruq al-istinbath) dari teks (nash) al-Qur’an maupun
Sunnah. Berdasaran hal tersebut, maka semua ushul fiqih sebagai
sebuah pijakan pasti dalam mengambil langkah hukum telah menetapkan metodologi.
Hal ini juga penting karenabanyakperistiwabermunculansetiapsaat yang berbedadenganperistiwaataurincianperistiwa
yang lampau, padahalnash al-Qur’an dan Sunnah tidaksebanyakperistiwatersebut.
Untukitulah, perlu mengetahui tentang Manthuq, Mafhum, Mujmal, dan Mubayyan. Pada dasarnya
banyak perselisihan di antara para ulama
ushul tentang manthuq dan mafhum, dan juga antara mujmal dan mubayyan. Termasuk
dalam hal pengertian, konsep dasar maupun kehujjahannya dalam menetapkan
hukum. Para ahli sepakat untuk
menggunakan bukti, tetapi kebanyakan dari mereka memiliki pendapat yang berbeda
tentang penggunaan pengertian sebagai hujjah. Mereka setuju pada validitas
memahami muwafaqah sebagai bukti kecuali Zahiri sekolah. Namun, pemahaman
Mukhalafah diizinkan dan diakui hanya oleh ulama Maliki, Syafi'i dan Hanbali.
Sementara Hanafi dan rekan-rekannya menolaknya.
Abstract
in this journal, it discusses and discusses how to draw and discuss a law
originating from the Qur'an and Sunnah. The opening begins with an
understanding of Manthuq, Mafhum, Mujmal, and Mubayyan. as Ushul (faqih)
scholars and ushul fiqih (ushuly) experts must know the procedures and methods
of extracting the law (thuruq al-istinbath) from the texts (texts) of the
Qur'an as well as the Sunnah. Based on this, all the usul fiqh as a basis for
taking legal steps has been resolved. This is also important because many
events emerge at any time that are different from the events or reports of past
events, even though the texts of the Qur'an and Sunnah do not include those
events. To find out, you need to know about Manthuq, Mafhum, Mujmal, and
Mubayyan. Basically, there were many disputes between the ulhul scholars about
manthuq and mafhum, and also between mujmal and mubayyan. With regard to terms
of understanding, the basic concept is also its success in establishing law.
Experts agree to use
Keyword: Mantuq, Mafhum, Mujmal, Mubayyan
A. Introduction
Al-Qur'an and hadith
are guidelines for every Muslim, which means that every aspect of a believer's
life is oriented to these two sources, but to understand the intent of these
two contents is not as easy as we think with reason, but with knowledge that can
explain obscurity of the intentions in these two sources, one of these sciences
is UshulFiqh.
One part of the
UshulFiqh which discusses the vagueness of a meaning or purpose in the verses
of the Qur'an and hadith is Mantuq, MafhumMujmal, and Mubayyan. Because to get
a good understanding requires extensive knowledge of the meaning of words that
are meticulous, so that we can classify which words that still need more
explanation because they are still general and clear so that the meaning or
meaning can be explained more clearly.
B. Mantuq
1.
Understanding of Mantuq
Language Mantuq is "something that is
spoken". While in terminology is the literal meaning of a pronunciation
that is pronounced[1]. Whereas
in another opinion. mantuq is:
دلالـة الـمـنطوق هى دلا لـة اللـفـظ عـلى حـكـم شـئ ذكـر فى الـكلآ م ونـطـق بـه.
Meaning "Dilalat al-mantuq is the
appointment of the nash pronunciation for a legal provision (understanding) in
accordance with what is said and told directly by pronunciation.”
That is, if a law is taken based on the sound of an argument, then this
is called Mantuq, which is according to the mantuq, meaning according to what
it is.[2]Mantuq
is also called the law as indicated by the words lafaz itself.
Example:
-
The verse about encouragement keeps promises
يَا أَيُّهَا الَّذِينَ آمَنُوا أَوْفُوا بِالْعُقُودِ ۚ
أُحِلَّتْ لَكُمْ بَهِيمَةُ الْأَنْعَامِ
إِلَّا مَا يُتْلَىٰ
عَلَيْكُمْ غَيْرَمُحِلِّي الصَّيْدِ وَأَنْتُمْ حُرُمٌ ۗ
إِنَّ اللَّهَ يَحْكُمُ مَا يُرِيدُ
Meaning: O ye who believe, fill the
aqad-aqad. It is permissible for you cattle, except those that will be read to
you. (That is so) by not justifying hunting when you are doing the Hajj. Lo!
Allah has established laws according to His will.
The sound implied in this verse contains a
suggestion about the obligation to keep promises. Therefore, the law is obliged
to keep the promise taken from the sound of the verse according to the mantuq.
-
Verse about
recommended fasting:
يَا أَيُّهَا الَّذِينَ آمَنُوا كُتِبَ عَلَيْكُمُ
الصِّيَامُ كَمَا كُتِبَ عَلَى الَّذِينَ مِنْ قَبْلِكُمْ لَعَلَّكُمْ تَتَّقُونَ
Meaning: “O you who have
believed, decreed upon you is fasting as it was decreed upon those before you
that you may become righteous -” (QS. Al Baqarah: 183)
Based on the sound of this verse, it
can be said that the fasting of Ramadan is obligatory. And this compulsory law
is based on the mantuq.
2.
Mantuq Classification
From the definition of mantuq as above, the mantuq is
divided into two:
a)
Mantuq Nash
is a proposition that does not accept takwil.
The point is that the arguments already exist clearly and there is no slightest
difficulty in giving meaning, so the arguments do not require takwil, they may
not even be tackled by regional offices.
example:
وَأَقِيمُوا۟
ٱلصَّلَوٰةَوَءَاتُوا۟ ٱلزَّكَوٰةَوَٱرْكَعُوا۟ مَعَٱلرَّٰكِعِينَ
Meaning: “O you who have believed,
decreed upon you is fasting as it was decreed upon those before you that you
may become righteous.” (QS. Al-Baqarah [2]: 43)
This verse is the text of
the text about the law obligatory to establish prayer and issue zakat. This
argument cannot be addressed, because it is clear and there is no slightest
difficulty in interpreting it so that the argument can be easily understood for
people who already understand Arabic and indeed there are no difficulties.[3]
As for other sources, Nash
is divided into two, namely:
1. sharih(Clear), if lafazd is used shows clearly and
clearly its meaning, both the meaning is fully in accordance with the sound of
the text (nash) or only contained by the meaning of nash. And according to
Mushtafa 'al-khin is, "the meaning is expressly indicated by the lafad
in accordance with its creation either in full or in the form of wake up”[4].
This section is called al-nash. For example,
the word of Allah SWT:
وَأَتِمُّوا
الْحَجَّ وَالْعُمْرَةَ لِلَّهِ ۚ فَإِنْ أُحْصِرْتُمْ فَمَا اسْتَيْسَرَ مِنَ
الْهَدْيِ ۖ وَلَا تَحْلِقُوا رُءُوسَكُمْ حَتَّىٰ يَبْلُغَ الْهَدْيُ مَحِلَّهُ ۚ
فَمَنْ كَانَ مِنْكُمْ مَرِيضًا أَوْ بِهِ أَذًى مِنْ رَأْسِهِ فَفِدْيَةٌ مِنْ
صِيَامٍ أَوْ صَدَقَةٍ أَوْ نُسُكٍ ۚ فَإِذَا أَمِنْتُمْ فَمَنْ تَمَتَّعَ
بِالْعُمْرَةِ إِلَى الْحَجِّ فَمَا اسْتَيْسَرَ مِنَ الْهَدْيِ ۚ فَمَنْ لَمْ
يَجِدْ فَصِيَامُ ثَلَاثَةِ أَيَّامٍ فِي الْحَجِّ وَسَبْعَةٍ إِذَا رَجَعْتُمْ ۗ
تِلْكَ عَشَرَةٌ كَامِلَةٌ ۗ ذَٰلِكَ لِمَنْ لَمْ يَكُنْ أَهْلُهُ حَاضِرِي
الْمَسْجِدِ الْحَرَامِ ۚ وَاتَّقُوا اللَّهَ وَاعْلَمُوا أَنَّ اللَّهَ شَدِيدُ
الْعِقَابِ
Meaning: And complete
the Hajj and 'umrah for Allah. But if you are prevented, then [offer] what can
be obtained with ease of sacrificial animals. And do not shave your heads until
the sacrificial animal has reached its place of slaughter. And whoever among
you is ill or has an ailment of the head [making shaving necessary must offer]
a ransom of fasting [three days] or charity or sacrifice. And when you are
secure, then whoever performs 'umrah [during the Hajj months] followed by Hajj
[offers] what can be obtained with ease of sacrificial animals. And whoever
cannot find [or afford such an animal] - then a fast of three days during Hajj
and of seven when you have returned [home]. Those are ten complete [days]. This
is for those whose family is not in the area of al-Masjid al-Haram. And fear
Allah and know that Allah is severe in penalty. (QS. Al-Baqarah [2]: 196)
2.
ghairsharih(it is not clear), namely the mantuq whose
meaning does not arise from the meaning placed for him, but that meaning is
something that is inseparable from it. For example: ten is the meaning of
numbers above 9 and below eleven. However, ten can be an even number. That is
the mantuqghairusharih and what is actually not meant by the word four, but as
long as he is ten, he must be even and know that Allah is very severe in His
torment. Perfecting ten perfectly broke the possibility of ten other meanings
interpreted. Mantuqghairusharih is divided into three:
1. dilallahalima’,
2. dilallahisyarah, and
3. dilallah
al-iqtidla’.
First, dilallahima’ is also called
dilallahtanbih, which is a text that is accompanied by a certain lafazd, which if lafazd is not
because of the provisions referred to in the verse, the mention in the text is
meaningless, and such a thing is impossible in the word of God or the words of
the Prophet SAW. For example, the word of Allah:
إِنَّ
الْأَبْرَارَ لَفِي نَعِيمٍ
Meaning: “Indeed, the righteous will be in
pleasure,” (QS. Al-Infithar: 13).
This verse means that they are in pleasure in
return for their virtues. This insert is deemed necessary because God is just,
rewards and rewards given by him on the basis of human actions (Shihab, 2013:
172).
Second, DilallahIqtidha ', the maxim of
Dilallah's truth (hint) of a lafazd to meaning sometimes depends on something not mentioned. Or
Dilallah who has to devote lafazd is wasted, because a text cannot be
understood correctly according to syara 'except by ordaining wasted lafazd
مَنْ
كَانَ مِنْكُمْ مَرِيضًا أَوْ عَلَىٰ سَفَرٍ فَعِدَّةٌ مِنْ أَيَّامٍ أُخَرَ
Meaning: “So whoever among you is ill or
on a journey [during them] - then an equal number of days (are to be made up).”
(QS. Al Baqarah: 184).
The verse above requires an unspecified
sentence, namely faaftharafaiddatun(then he breaks it.), Because the
obligation of qadla is fast for the traveler only if he breaks the journey.
Whereas if he continues to fast then it is not obligatory for him to change or
qadla ' (al-Qatthan, 2002: 360).
For example:
حُرِّمَتْ
عَلَيْكُمْ أُمَّهَاتُكُمْ وَبَنَاتُكُمْ
Meaning: Prohibited to you [for marriage]
are your mothers. (QS. Al-Nisa’: 23).
The verse above requires words that are not
mentioned, namely the words "al-wath'u" or intercourse. So that the
verse means "forbidden for you to have intercourse with your
mothers", because the prohibition is not based on objects. So from that
the above verse requires "an act" (which is not stated) relating to
the prohibition, namely intercourse.
Third, dilalahrIsharah, which is the meaning
drawn from lafazd,
but that is not what is meant by lafazd, but he has a common
relationship with the context of his description.
For example, in the word of Allah swt.:
أُحِلَّ لَكُمْ لَيْلَةَ الصِّيَامِ الرَّفَثُ
إِلَىٰ نِسَائِكُمْ ۚ هُنَّ لِبَاسٌ لَكُمْ وَأَنْتُمْ لِبَاسٌ لَهُنَّ ۗ عَلِمَ
اللَّهُ أَنَّكُمْ كُنْتُمْ تَخْتَانُونَ أَنْفُسَكُمْ فَتَابَ عَلَيْكُمْ وَعَفَا
عَنْكُمْ ۖ فَالْآنَ بَاشِرُوهُنَّ وَابْتَغُوا مَا كَتَبَ اللَّهُ لَكُمْ ۚ
وَكُلُوا وَاشْرَبُوا حَتَّىٰ يَتَبَيَّنَ لَكُمُ الْخَيْطُ الْأَبْيَضُ مِنَ
الْخَيْطِ الْأَسْوَدِ مِنَ الْفَجْرِ ۖ ثُمَّ أَتِمُّوا الصِّيَامَ إِلَى
اللَّيْلِ ۚ وَلَا تُبَاشِرُوهُنَّ وَأَنْتُمْ عَاكِفُونَ فِي الْمَسَاجِدِ ۗ
تِلْكَ حُدُودُ اللَّهِ فَلَا تَقْرَبُوهَا ۗ كَذَٰلِكَ يُبَيِّنُ اللَّهُ
آيَاتِهِ لِلنَّاسِ لَعَلَّهُمْ يَتَّقُونَ
Meaning: It has been made permissible for
you the night preceding fasting to go to your wives [for sexual relations].
They are clothing for you and you are clothing for them. Allah knows that you
used to deceive yourselves, so He accepted your repentance and forgave you. So
now, have relations with them and seek that which Allah has decreed for you.
And eat and drink until the white thread of dawn becomes distinct to you from
the black thread [of night]. Then complete the fast until the sunset. And do
not have relations with them as long as you are staying for worship in the
mosques. These are the limits [set by] Allah, so do not approach them. Thus
does Allah make clear His ordinances to the people that they may become
righteous. (QS. Al-Baqarah: 187).
The verse above allows a husband and wife to
have sex on the eve of fasting, which is until the end of the night. It implies
that a person who is in a state of junub does not cancel his fast, even though
the sex continues and finishes at the last second before the end of the night.
For those who had sex at the end of the night, of course when he was still in a
state of junub (because he had not bathed janabah)[5]
b)
Mantuqdzahir
It is the arrangement of the
lafadz that shows meaning by requiring the meaning ta'wil / meaning of majaz,
like verse:
وَالسَّمَاءَ بَنَيْنَاهَا بِأَيْدٍ وَإِنَّا لَمُوسِعُونَ
Meaning: And the heaven We constructed with strength,
and indeed, We are [its] expander (az-Zariyat: 47)
lafadz which means power, which means the origin is hand.[6]
C. Mafhum
1.
Understanding
of Mafhum
Understanding
is a law that is explained by a pronunciation not according to the sound of
pronunciation itself, but according to his understanding or according to the
meaning stored in the pronunciation. The point is the law - the law taken is
not based on the sound of a proposition, but based on the meaning stored in it,
for example the verse about the livelihood of a wife who has been divorced by
her husband:
This
verse contains an unwritten legal meaning, namely a non-pregnant woman who is
accused of her husband. If so, the wife is not obliged to be provided by her ex-husband,
because according to what is written in this verse states even those who must
be given a living if the woman is pregnant. If he is not pregnant, he is not
obliged to be given a living.
Thus,
the laws that are taken from the results of understanding the meaning implied
from the arguments are called the name Mafhum.[7]
2.
Mafhum Classification
Mafhum is divided into two types:
1) Mafhummuwafaqah, that is, if
the law which is understood is the same as the law shown by the sound of
lafadz. Understanding muwafaqah is also known by the name fahwalkhitab, and
lahnulkhitab, as stated by the zaidi ulama.[8]
Here's an explanationanFahwalkhitab and LahnulKhitab:
a) Fahwalkhitab, that is, if
what is understood is more primarily the law than what is said, such as hitting
a parent, moreover it may not be legal, based on the word of God. "Do
not put out vile words to parents" (Al-Isra '23) just cruel words
should not let him beat him.
b) LahnulKhitab, that is, if
what is not pronounced the same as the law with that which is not permissible
based on the word of God: "Those who eat the property of orphans by
persecution, actually eat fire into their stomachs" (An-Nisa ': 10) So
burn the property of the orphans and the law by eating it, which is not allowed
(haram).
2) MafhumMukhalafah, that is,
if the different laws differ from what is said, both in isbat and nafi. So what
is understood is always the opposite of the law of the pronounced lafaz sound.
Whereas according to the hanafiyah scholars it cannot be a reference to the mukhalafah
perfume as one method interprestation of Nash-nashSyara’.[9]
And Mahfummukhalafah it called dalilkhitab.
Example:
-punish caning more than 80 times as the maximum punishment,
namely verse 4 surah an-Nur :
وَالَّذِينَ
يَرْمُونَ الْمُحْصَنَاتِ ثُمَّ لَمْ يَأْتُوا بِأَرْبَعَةِ شُهَدَاءَ فَاجْلِدُوهُمْ ثَمَانِينَجَلْدَةً
وَلَا تَقْبَلُوا لَهُمْ شَهَادَةً أَبَدًا ۚ وَأُولَٰئِكَ هُمُ الْفَاسِقُون
Meaning: And those who accuse chaste women
and then do not produce four witnesses - lash them with eighty lashes and do
not accept from them testimony ever after. And those are the defiantly
disobedient, (an-Nur: 4)
Based on the understanding of Mukhalafah,
then the law is forbidden more than 80 times, because it is opposite and does
not match what is implied in the verse, which is only 80 times. If so, then the
law hitting more than 80 times is haram. And this condition is known as the
al-khitabah argument.
Or another example of the timing of carrying
out pilgrimage obligations, namely QS. Al-Baqarah: 197
الْحَجُّ
أَشْهُرٌ مَعْلُومَاتٌ ۚ فَمَنْ فَرَضَ فِيهِنَّ الْحَجَّ فَلَا رَفَثَ وَلَا
فُسُوقَ وَلَا جِدَالَ فِي الْحَجِّ ۗ وَمَا تَفْعَلُوا مِنْ خَيْرٍ يَعْلَمْهُ
اللَّهُ ۗ وَتَزَوَّدُوا فَإِنَّ خَيْرَ الزَّادِ التَّقْوَىٰ ۚ وَاتَّقُونِ يَا
أُولِي الْأَلْبَابِ
Meaning: Hajj is [during] well-known
months, so whoever has made Hajj obligatory upon himself therein [by entering
the state of ihram], there is [to be for him] no sexual relations and no
disobedience and no disputing during Hajj. And whatever good you do - Allah
knows it. And take provisions, but indeed, the best provision is fear of Allah.
And fear Me, O you of understanding. (QS. Al-Baqarah: 197)
Based on the mafhummaukhlafah, if the
pilgrimage is carried out outside the specified months, the law may not be,
because it is opposite (mukhalafah) with the contents of the pronunciation (the
mantuq, is a Shawwal, dzulqa'idah, and dzulhijjah)
a)
KehujjahanMafhumMukhalafah
From the explanation about
the understanding of mufafaqah and the understanding of mukhalafah as above,
the ushul experts argue that the proof with the understanding of muwafaqah is
that it is permissible, with the understanding of mukhalafah still being
disputed between them.
b)
Criteria MafhumMukhalafah
1. Not contrary to the
arguments whose quality is stronger than, afhummukhalafah.
If it turns out that the mukhalafah understanding is contrary
to the argument that the status is stronger, then it does not apply, like
hadith:
الْمَاءُمِنَالْمَاءِ
“Indeed (bathing) with water is
due to discharge (semen).” (HR. Muslim no. 343)
The understanding of the
mukhalafah is that if there is no water (does not emit water) then it is not
obligatory to take a bath, even if it has gathered. This understanding does not
apply, because it contradicts a stronger argument, namely the hadith of Imam
Bukhori's history: "if you have met him the kind of human being used to
circumcise, then he must bathe even if he does not remove water"
From this hadith, an
understanding can be taken that if two male and female genitals have met,
whether or not they produce semen or not, they must take a bath.
2. What
is designated by the dalil is not to show the enjoyment of something (imtinan)
If it turns
out that in the argument there are words that show the pleasure of Allah's
grace (imtinan) then the mukhalafah understanding does not apply to him.
3. The pronunciation must stand alone and not follow the other pronunciation.
If you follow another pronunciation, then the understanding cannot be used for
proof.
For example,
the word "Fi al-masajid" in the surah al Baqarah verse 187. in that
verse the status follows the previous pronunciation so that the prohibition on
associating with the wife does not depend on the mosque. For this reason, the
mafhummukhalafah should not be used for hujjah, because the prohibition against
the wife intercourse at the time of the husband which do i’tikaf
c) Classification
MafhumMukhalafah
With the requirements
that must exist in the understanding of the mukhalafah like that, the experts
divide it into 10 (ten) types:
1. MafhumShifat
is connecting the law of something to one of its characteristics
2. Mafhum
‘illahis to connect the law of something according to its illat
3. Mafhumsyarat
is connecting the law to the conditions
4. Mafhum
‘Adatis to connect the law of something to a certain number
5. MafhumGhayah
which is a pronunciation that shows the law to the limit (ghayah / to / the
deadline) the pronunciation of ghayah is in the form of two, namely ila and
hatta
6. Mafhumlaqab
is to depend on the law for the nature of isim or isimfi'il
7. MafhumHasr
8. Mafhum
Hal
9. Mafhum
zaman
10. MafhumMakan[10]
D.
Mujmal
1.
Understanding of Mujmal
According to language, al-Mujmal means vague.
And according to the term ushulfiqh is lafazh which is not indicated by the
meaning of the shigat.[11]
Which means that, Mujmal means "the lafazh with the form (shigat) does not
show the meaning desired by it, and there is no qarinat-qarinatlafazh or
circumstances that can explain it. Because sometimes the sentence sent by the
Prophet is double and the meaning is not clear.[12]
So, because the obscurity in al-Mujmal is lafzhiy, it is not ‘aridhiy (the new
nature comes from outside the text). Some al-Mujmal is lafazh-lafazh which
according to the meaning of the language was moved by syari 'for the
understanding of syara terms' such as the initial prayer means prayer is now changing to the meaning
of syara' ie in the form of a Prophet's example and example surah nisa 'verse
77:
أَلَمْ
تَرَ إِلَى الَّذِينَ قِيلَ لَهُمْ كُفُّوا أَيْدِيَكُمْ وَأَقِيمُوا الصَّلَاةَ
وَآتُوا الزَّكَاةَ فَلَمَّا كُتِبَ عَلَيْهِمُ الْقِتَالُ إِذَا فَرِيقٌ مِنْهُمْ
يَخْشَوْنَ النَّاسَ كَخَشْيَةِ اللَّهِ أَوْ أَشَدَّ خَشْيَةً ۚ وَقَالُوا
رَبَّنَا لِمَ كَتَبْتَ عَلَيْنَا الْقِتَالَ لَوْلَا أَخَّرْتَنَا إِلَىٰ أَجَلٍ
قَرِيبٍ ۗ قُلْ مَتَاعُ الدُّنْيَا قَلِيلٌ وَالْآخِرَةُ خَيْرٌ لِمَنِ اتَّقَىٰ
وَلَا تُظْلَمُونَ فَتِيلًا
Meaning:
Have you not seen those who were told, "Restrain your hands [from
fighting] and establish prayer and give zakah"? But then when fighting was
ordained for them, at once a party of them feared men as they fear Allah or
with [even] greater fear. They said, "Our Lord, why have You decreed upon
us fighting? If only You had postponed [it for] us for a short time." Say,
The enjoyment of this world is little, and the Hereafter is better for he who
fears Allah. And injustice will not be done to you, [even] as much as a thread
(inside a date seed)." (Q.S an-Nisa : 77)
"And establish prayer" in this verse Allah
requires Muslims to establish prayer. But the order could not be implemented
because there was no information that could explain how to do it. So for that
information is sought which can interpret the prayer and explain the terms and
pillars and the ha'iat (practice) then the word of the Prophet comes to explain lafazh the
above prayer reads "pray you as you see me pray"
Lafazh salat which is Mujmal, which according to language
means prayer which then changes to the term shara 'after being explained by
al-syari' (Rasul and Allah) perfectly and surely, then lafaz al-Mujmal is now
al-mufassar.[13]
2.
Law LafazhMujmal
From this definition, it can be taken the understanding that
if a false pronunciation is found, both in al-Quran and hadith, then the legal
status contained in it must be suspended, as long as it has not found another
argument that can explain it. However, if an explanation (bayan) has been found
from the pronunciation or other arguments, then the Mujmal pronunciation is
used and implemented all the legal provisions are in accordance with the baby.
For example, there are verses that are very
dangerous (for example the obligation to pray in al-qu'an) so what must be done
is the search for the Hadith (as bayan) that matches the Mujmal pronunciation
(the hadith about the practice of practicing prayer). Even so, if viewed from
the side of the necessity for an explanation (bayan) from syara' about the
pronunciation of Mujmal like that, the problem arises namely:
-
the extent of the explanation (bayan) from
syara 'about the pronunciation of Mujmal
In
this case the hadith can provide an explanation of the Mujmal pronunciation as
long as there is no explanation from the Quran. Therefore, to look for an
explanation (bayan) pronounced Mujmal, first had to look for it from the new
Quran and then look for it from the Hadith.
3.
Reason For the Occurrence of Ijma
Seeing the necessity for an explanation
(bayan) of other arguments against the lafadz which is Mujmal, then the optimal
pronunciation of pronunciation can be known through some of its forms of
malignancy, namely:
1)
Single words (mufrad). From this form, it is
caused by the following things:
a)
Tashrif the words (source of taking words),
like the word:
-
work words (Fool), namely qala
pronunciation from the word qaulum means words or from qoilulah,
meaning napping.
b)
a pronunciation to show several meanings,
such as the words musytarak
c)
pronunciation used to indicate certain syara
'terms, such as recitation of prayer, zakat, fasting and others.
2)
The arrangement of words (the number of
murakkab) such as the wording in ayat al-Quran which gives an understanding of
the existence of a guardian or husband in the form of a marriage bond
(contract, ijab and qabul) [14].that
is:
Surah
Al-Baqarah Verse 237
وَإِنْ طَلَّقْتُمُوهُنَّ
مِنْ قَبْلِ أَنْ تَمَسُّوهُنَّ وَقَدْ فَرَضْتُمْ لَهُنَّ فَرِيضَةً فَنِصْفُ مَا
فَرَضْتُمْ إِلَّا أَنْ يَعْفُونَ أَوْ يَعْفُوَ الَّذِي بِيَدِهِ عُقْدَةُ
النِّكَاحِ ۚ وَأَنْ تَعْفُوا أَقْرَبُ لِلتَّقْوَىٰ ۚ وَلَا تَنْسَوُا الْفَضْلَ
بَيْنَكُمْ ۚ إِنَّ اللَّهَ بِمَا تَعْمَلُونَ بَصِيرٌ
Meaning:
And if you divorce them before you have touched them and you have already
specified for them an obligation, then [give] half of what you specified -
unless they forego the right or the one in whose hand is the marriage contract
foregoes it. And to forego it is nearer to righteousness. And do not forget
graciousness between you. Indeed Allah, of whatever you do, is Seeing. (Al-Baqarah:
237)
E.
Mubayyan
1.
PengertianMubayyan
Mubayyan is the opposite of Mujmal, namely: a pronunciation that means
clear and clear, without requiring an explanation from the other, meaning
pronunciation that already has clear meaning and no need for explanation
(bayan), whereas bayyan is issuing something from a vague form to clear form,
which means bayan is a science (a definite one) or dzan (strong guess) that
results from a proposition.[15]
Whereas According to Hanafiyah, Mujmal is a pronunciation that implies
globally where the clarity of purpose and details cannot be known from the
meaning of the pronunciation itself, but through an explanation from the
shari'ah maker namely Allah SWT and Prophet.[16]
Whereas according to Jumhurushulfiqh scholars, Mujmal is a word or an action
that is not clear.
Mubayyan pronunciation clarity can be seen from two sides:
1)
From the side of the mantuq it is found in
texts, dzahir and general pronunciation, as in al-Baqarah: 20
إِنَّٱللَّهَعَلَىٰكُلِّشَىْءٍقَدِيرٌ
Meaning: Allah is over all things
competen.
This verse clearly means,
that Allah is trusted by all Muslims as the essence of the Almighty and this
does not require explanation (bayan) anymore.
2)
In terms of Mafhum, this can
be in the form of sentences Fahwalkhotab, lahnul-khitab, and dalilulkhitab.
Example:
… أَوْيَعْفُوَا۟ ٱلَّذِىبِيَدِهِ…
Meaning: unless they forego the right
or the one in whose hand is the marriage contract foregoes it. (Al-Baqarah
237)
From the understanding of
Mubayyan like that, then Mujmal is a pronunciation whose purpose is unclear, to
find out an explanation (bayan) is needed from other arguments. This
explanation is known as al-bayan, while the one that is not clear is called Ijmal.
2.
Bayan Classification
Explanation or parrot in pronunciation
or the arrangement of words form a lot, including:
1)
In Words
In al-Quran and hadith, the form is the most
Example:
-
Mantuq:
فَمَنلَّمْيَجِدْفَصِيَامُثَلَٰثَةِأَيَّامٍفِىٱلْحَجِّوَسَبْعَةٍإِذَارَجَعْتُمْ ۗ تِلْكَ
عَشَرَةٌكَامِلَةٌ
Meaning: TAnd whoever
among you is ill or has an ailment of the head [making shaving necessary must
offer] a ransom of fasting [three days] or charity or sacrifice. And when you
are secure, then whoever performs 'umrah [during the Hajj months] followed by
Hajj [offers] what can be obtained with ease of sacrificial animals. And
whoever cannot find [or afford such an animal] - then a fast of three days
during Hajj and of seven when you have returned [home]. Those are ten complete
[days]. (Al-Baqarah 196)
-
Mafhum
وَلَا تَنْهَرْهُمَا وَقُلْ لَهُمَا
قَوْلًا كَرِيمًا
Meaning: “Say not to them (so much as),
"uff," and do not repel them but speak to them a noble word”.
(Q.s Al-Isra :23)
2)
In actions such as the actions of the Prophet
SAW in explaining the practice of carrying out prayer obligations:
This hadith appeared after Siti Aisha was
asked the problem of how the Prophet carried out the obligation to pray, then
Aisyah answered and explained. This is an explanation (bayan) of the
versatility of the verse about prayer.
3)
In writing, such as the Prophet's letter
about the procedure for the distribution of zakat at length as explained in the
Hadis al-Bukhari and Muslim
4)
In jurisprudence, as explained by the Prophet
SAW about the number of days of Ramadan
5)
In the sense of not reacting / giving no
influence, as the Prophet SAW did not perform ablution after eating cooked meat
6)
Do not say or keep quiet, as the Prophet
explained the problem of the obligatory Hajj. He was silent and said nothing
after being asked by a friend whether the pilgrimage was obligatory every year.
His silence as an explanation (bayan) that the obligation of the pilgrimage was
not carried out every year.
7)
Using a taxicidal proposition. This can be
seen from several sides, namely:
a)
From the time of working on the command
The point is to delay the explanation (bayan)
from the time of working on the command. This is not possible, considering that
until the time the order has to be done, it turns out the explanation does not
yet exist. if this happens, it means allowing wrongdoing, because it has not
been explained.
Therefore, all the commands in the form of
pronunciation that are insulting as long as they have not or even no explanation
(bayan), then the command in pronunciation Mujmal must be carried out in
accordance with its prosperity.
Example:
“Order of guardianship in marriage”
Some scholars argue that the law follows the
order of guardianship in marriage, from the closest to the furthest is not
mandatory, because the provisions are not explained by the Prophet Muhammad.
That's why if the farthest guardian is married even though the closest is
there, then the marital status is still valid.
b)
From the time the command is lowered
The point is to delay the explanation (bayan) from the time the command
was revealed, in the sense that when the order was issued, the explanation (the
bayan-not yet existed. This could have happened, because Allah has explained it
as follows:
فَإِذَا قَرَأْنَاهُ فَاتَّبِعْ قُرْآنَهُ
When
We have finished reading it, then follow the reading.
ثُمَّ إِنَّ عَلَيْنَا بَيَانَهُ
Then,
it is actually at our expense that is the explanation.[17]
Mantuq is the appointment
of the nash pronunciation for a legal provision in accordance with what is said
and told directly by pronunciation. Mantuq is divided into 2 namely Nash and
Dzahir. Zahir, namely the arrangement of the lafadz which shows meaning by
requiring the meaning ta tawil / meaning of majaz. Whereas Nash is a
proposition that does not accept takwil. The point is that the arguments
already exist clearly and there is no slightest difficulty in giving meaning.
Mafhum is a law that is
explained by a pronunciation not according to the sound of pronunciation
itself, but according to his understanding or according to the meaning stored
in the pronunciation. And Mafhum is divided into 2, namely, MufhumMuwafaqah
(divided into 2, FahwalKhitab, and LahnalKhitab), and MafhumMukhalafah (divided
into 10, MafhumShifat, MafhumIllah, Mafhum Terms, AdatMafhum, MafhumGhayah, and
MafhumLaqab, MafhumHasr, Mafhum Hal, Mafhum Zaman, MafhumMakan).
Mujmal
according to the term ushulfiqh is lafazh which is not indicated by the
intention of the shigat. And Mubayyan is a pronunciation whose purpose is clear
and clear, without the need for explanation from others.
BIBLIOGRAPHY
Ahmad Atabik “PERANAN MANTHUQ DAN MAFHUM DALAM
MENETAPKAN HUKUM DARI ALQUR’AN DAN SUNNAH” diaksesdarijurnal situs
journal.stainkudus.ac.id/index.php/Yudisia/article/download/1478/pdf pada
tanggal 7 april 2019 pukul 19.37
Effendi,
Satria, Zein, M. 2005. UshulFiqih. Jakarta. Prenada Media
Farid Naya. 2013. Al-Mujmal Dan Al-MubayyanDalam Kajian UshulFiqh. 9(2): 187-202
Hadi,
Saeful. 2009. UshulFiqih. Yogyakarta.Sabda Media
Hanafie.
1957. usulfiqh. Jakarta. Wiajaya
Khallaf,
Abdul Wahab. 2005. IlmuUshulFiqih.
Jakarta. AsdiMahasatya
Murthahhari,
M, Ash-Shadr, MB. 1993. PengantarUshulFiqih
dan UshulFiqihPerbandingan. Jakarta. PustakaHidayah
Sayfe,
Rachmat. 2010. IlmuUshulFiqih.
Bandung. Pustaka Setia
Supriadi,
Dedi. 2014. IlmuUshulFiqih.
Bandung: Pustaka Setia
Zein,
MM. 2016. MenguasaiIlmuUshulFiqh.
Yogyakarta. PustakaPesantren
Catatan:
Dalam makalah ini pembahasannya
ada yang tidak lengkap. Penyusunan paragraf pun banyak yang tidak disusun secara
benar. Perlu perbaikan di sana-sini.
[1]Satria effendi, UshulFiqih, Prenada Media,Jakarta, 2005, Page
210-211
[2]M.Ma’shumZein, MenguasaiIlmuUshulFiqh,
PustakaPesantren, Yogyakarta, 2016, Page 353
[3]Ahmad Atabik “PERANAN MANTUQ DAN MAFHUMDALAM MENETAPKAN HUKUM DARI ALQURANDAN
SUNNAH” diaksesdarijurnal situs journal.stainkudus.ac.id/index.php/Yudisia/article/download/1478/pdf
pada
tanggal 7 april 2019 pukul 19.37
[4]Satria effendi, UshulFiqih, Prenada Media,Jakarta, 2005, Page
211
[5]Hanafie, usulfiqh,
Wiajaya, Jakarta, 1957, Page 78
[6]SaefulHadi, UshulFiqih,
Sabda Media, Yogyakarta, 2009, Page 72
[7]Ibid , Page 361
[8]RachmatSayfe, IlmuUshulFiqih,
Pustaka Setia, Bandung, 2010, Page 216
[9] Ibid, Page 216
[10]SaefulHadi, UshulFiqih,
Sabda Media, Yogyakarta, 2009, Page 363
[11] Abdul Wahab Khallaf, IlmuUshulFiqih,
Asdimahasatya, jakarta, 2005, Page 215
[12]Murtadhamurthahhari dan M. Baqir Ash-Shadr, PengantarUshulFiqih dan UshulFiqihPerbandingan, PustakaHidayah,
Jakarta, 1993, Page 161
[13]SaefulHadi, UshulFiqih,
Sabda Media, Yogyakarta, 2009, Page 337
[14] Ibid, Page. 83
[15]DediSupriadi, IlmuUshulFiqih,
Pustaka Setia, Bandung, 2014, Page 367
[16]Farid Naya“Al-Mujmal Dan Al-MubayyanDalam Kajian UshulFiqh” TahkimJurnal Syariah
dan Hukum, Vol. 9 No. 2, Desember 2013, Page 188-189
[17]SaefulHadi, UshulFiqih, Sabda Media, Yogyakarta, 2009, Page 342
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