TA’ARUDL AND TARJIH, AL-AMRU AND AN-NAHYU
By:
ABSTRACT
This journal explains about
ta’arudh, tarjih, Amru and Nahyu. Ta'arudh can occur between texts (verses or
hadith), or between qiyas and qiyas. The problem of ta'arudh (the existence of
a conflict between the arguments) will occur if the power of the arguments is
balanced or equal. Whereas Tarjih is performed if there are several conflicting
texts (ta'arudh). Doing tarjih in a hadith means to do one of the two
propositions that are equal to a trait which makes it more important than the
other,pentarjihan can be done in various ways. In understanding the Arabic
language context, there is a need for an understanding of the form forms of
Arabic itself. Regarding Nahyu and Amar here have various interpretations of
how the form of amar and nahyu are pronounced and recited especially for people
who have high dignity. it will be very influential if the person who pronounces
the person with high dignity and not.
Key words: Ta’arudh, Tarjih, Amru, Nahyu
A.
TA’ARUDH
1.
THE MEANING OF TA’ARUDH
Definition
of ta'arudh ((التعارض etymologically is a word formed from the basic word
"aradha" which means blocking, preventing, or comparing. The word
"al-i'tiradh" means preventing or obstructing. In conclusion, the
word "at-ta" arudh "means to prevent, oppose or obstruct each
other.
The definition of ta'arudh in terminology:
According to the Hanafiyah (according to Fakhrul Islam al-Bazdawi): ta'arudh is preventing each other by opposing each other.
((عرض لي كذا اي استقبلني بصد ومنع means something facing me by means of opposing or preventing. Al-Bazdawi said, "rukun of mu’aradhah (contradiction) is the opposite of the same two proofs, there are no advantages for one in two opposing laws”.[1]
Ushul scholars interpret ta'arudh as two propositions which each deny what is pointed out by another proposition. For example there is a verse that requires us to make a will for parents and relatives (Q. Al-Baqarah: 178). But on the other hand the hadith forbade the will to the heirs.[2]
2.
KINDS OF TA’ARUDH
a.
Contradiction between dalilqath’i with dalildzanni
The majority of ushulfiqh experts argue that it is not permissible to contradict the arguments of qath'i with the arguments of dzanni. The principle of qath'i must take precedence over the arguments of dzanni. Theorem qath'i shows certainty and conviction, while dalildzanni shows a presumption or doubt. Some ushul experts are very confident with the above view, Al-Asnawi said: "We cannot contradict the arguments of qath'i with the arguments of dzanni, because forever the argument of qath'i must take precedence. In the direction of the book "Mukhtasar" by Ibn al-Hajib, it was explained that "there is no contradiction between the arguments of qath'i and the arguments of dzanni, because the argument of dzanni will fall with the argument of qath'i against it.[3]
b. Contradictions between two dalilqath'i
A group of jurists and scholars, including al-Baidhawi, Ash-Syairazi, Ibn As-Subki, Ibn al-Hajib and al-Amidi and others. Arguing that opposition cannot occur between two propositions of qath'i, both of which are both in the form of aqli or naqli. Ash-Syaukani said: "There can be no conflict between the two propositions of qath'I, both of which are in the form of ali and naqli".
c.
Contradiction between two dalildzanni
Al-Asnawi said that the experts of the ushul agreed on whether (perhaps) there might be a conflict between two arguments (dalildzanni) in the view or thought of a mujtahid. Ibn al-Subki said in the book "al-ibhaj": "the occurrence of a conflict between the two propositions of dzanni according to the views or thoughts of a mujtahid is true"[4]
3.
TERMS OF TA’ARUDH
Terms of ta’arudh are that something that exists or
does not exist can lead to the presence or absence of opposition, as for the
terms of ta'arudh as follows:
a. The law stipulated by the two arguments (dalil) is contradictory. Like halal with illegitimacy (haram), it is obligatory by not obligatory, stipulating by abolishing. Because if it is not contradictory, there is no conflict.
b. The objects (places) of the two conflicting laws are the same. If the object (place) is different, then there is no conflict. As for the marriage contract, marriage causes may (halal) to associate with his wife and forbid (haram) to associate with the wife's mother, in this case there is no conflict between two opposing laws. Because people who accept halal and haram laws are different.
c. The period or time of validity of the conflicting laws is the same. If the time or time is different, there is no conflict. Because it is possible, there are two contradictory legal provisions in the same object (place), but the time and time are different. Like, khamr was halted in the early days of Islam, but was later forbidden. Once it's permitted to associate with his wife before and after the menstrual period and is prohibited from associating with her during menstruation.
d. The relationship between the two arguments, which are conflicting, is the same. Because maybe the two conflicting laws are the same in the object (place) and time, but the relationship is different. Just like associating a wife for a husband and forbidding her to be married to a man other than her husband.
e. The second level of the argument which is contradictory, is the same, both in terms of origin and instructions in the postulate. There is no contradiction between the Qur'an and ahad hadith, because in terms of origin (tsubut) the Qur'an is qath'I, while the hadith ahad is dzanni. Therefore, the Qur'an must take precedence over ahad’s hadith.[5]
B.
TARJIH
1.
THE MEANING OF TARJIH
In language, the word at-tarjih comes from the word rajjaha-yurajjihu-tarjih, which means giving reinforcement to others so that it becomes strong.
According to Muhammad Wafa, tarjih in language is favoring something by leaning more towards it and winning it.
As for terminology, according to ‘Ali Hasaballahtarjih is to show the advantages of one of the two hadis that is the same as something that makes it more important to consider than the other.[6] Meanwhile, according to Baidawi, tarjih is to strengthen one of the two arguments that dzanni can carry out.[7]
While according to the term syara ', as stated by Muhammad jawabMughniyah is as follows:
تقديم احدى الحجتين على التانية لمنية توجب ذلك
Meaning: holding (prioritizing) one of the two proofs that is stronger than the other, because there is indeed a privilege that requires that.[8]
2.
TERMS OF TARJIH
There are several conditions (terms) that must be met in the pentarjihan relating to the hadith: [9]
a. Equal in one dignity. In this case there is no conflict between al-ur'an and Hadith (although ahadahad). Because both are revelations.
b. Same in terms of strength. Some of the hadiths to be favored (tarjih) are not in the opposite view of the hadith mutawatir with ahad hadith. So what must be done by tarjih is a hadith whose status is as strong.
c. Both establish a law that is one time and place. Because basically, tarjih is a branch of the conflict between the two laws.
3.
TARJIH OF HADITS
To strengthen one of the conflicting texts (hadiths), there are four ways of pentarjihan, among them:[10]
a. Tarjih in terms of sanad
Tarjih in terms of sanad means 'mentarjih' by looking at the route of transmission of a matan. The methods of tarjih can be summarized into four types:
1. Tarjih by looking at his nurse. This method is taken by examining the quantity of narrators of hadith. The narrators of one of the two conflicting hadiths are more numerous in their levels than in the other traditions. So from that the hadith brought by the narrators is more powerful than the hadith brought by narrators who are fewer narrators.
2. Tarjih by paying attention to the history itself.
Mutawatir Hadith is confirmed by defeating the famous hadith. While the famous hadith was defeated by defeating the ahadahabar.Because the mutawatir tradition is sure, and the famous hadith approach is sure, whereas the ahadith is still a presumption.
3. Tarjih by paying attention to how to accept hadith.
Hadiths whose narrations with the words of the Prophet SAW were justified than those of the hadith which were narrated by the actions of the Prophet.Because the transmission with its legal sayings is stronger than the transmission of actions. For example, a narrator says: "The Apostle has ordered, or the Apostle has intervened, or the Apostle has permitted." Hadith with a model like this takes precedence over the transmission of the actions of the Prophet Muhammad.
4. Tarjih by noticing something that is narrated.
Hadiths that do not contain denial in the narration of the hadith are judged than hadiths which contain denial in their narrations. As happened in the Hadith Az-Zuhri, because the hadith which does not contain denial in the narration of the hadith will be more able to defeat the presumption.[11]
b. Tarjih in terms of matan
Al-Amidi, an expert on ushulfiqh, the Syafi'i cadre said the method of pentarjihan in terms of matan, including the following:[12]
1. Text containing a prohibited priority rather than text containing an order. Because it rejects kemudharatan is more important than taking advantage.
2. The text containing the command takes precedence over the text containing goodness. This is done because in the context of caution. Because carrying out the command means at the same time skill is included in it.
3. The meaning of the nature of a lafadz takes precedence over the meaning of majaz. Because the meaning of nature does not require a proposition. Therefore, what must take precedence is the essence of nature, because it is easier to be caught by the heart.
4. Specific 'arguments' or dalil take precedence over common 'arguments or dalil'. Because the specific proposition is stronger in giving the law, provided that the general argument and the specific argument are absolute. However, if the general argument and the specific dalil/argument are facing each other, if there is someone who can refer one of them with another argument, then it can practice a specific 'arguments or dalil. But if there are no arguments that can be used to comment, then according to syafi'iyah a mujtahid is free to choose which of the two is chosen.
c. Tarjih in law or the mean’s of law (madlul)
The method of 'pentarjihan' through this method, al-Amidi suggests that there are 11 ways, but as-Syaukani simplifies it only into a number of ways, as follows:
1. The text of the hadith which contains the law of condemnation, according to jumhur takes precedence over the text that shows acquisition. Example: if in an unregistered and illicit item, like an animal born of the relationship between an animal that can be eaten by meat and one that is not, then the first is the forbidden and ends the halal one. Likewise, if a husband divorces a portion of his wives, then he forgets who his wife is divorced, then it is forbidden to keep up 'with all wives. Because prioritizing is forbidden rather than corrupt.[13]
2. Al-Razi and his followers said: "The two texts are equally legal, and they should not put one first. Because the status of both is the same. The text that forbids will contain partiality of torture for doing deeds. While the text that requires it will contain partiality of torture for leaving the embassy. Therefore the two texts are of equal status and equal, because a sin can appear in the two texts.
Al-Amidi and Ibnu al-Hajib said: "texts that forbid prioritize the obligatory texts. Because of shara's attention and the wise people to reject kemudharatan stronger than their attention to attract benefits.
3. A text that contains the law stipulates, while the other negates. Like the history of Bilal, the Prophet SAW entered the Holy Mosque and prayed, while the khabar narration of Usamah stated that the Prophet SAW entered the Grand Mosque and did not pray.
Jumhur argues that what takes precedence is a defining hadith. Because the defining hadith serves to provide additional information.
4. If the content of a text avoids the convicted person from the sentence, and the other text requires the convicted person to be sentenced, then the one chosen is the first. Because punishment is a crime. And the harm itself is eliminated in Islam. The Messenger of Allah said: "It is not permissible to make self-sacrifice, and must not make harm to others in Islam."
5. The law contained in the text when it comes to positive law, then takes precedence over the law of nash which is of the nature. Because positional law is not bound by dismissal unlike the taklif law which is related to Mukallaf's expertise.
Al-Hanafiyah and most Syafi'iyah argued: "the law of taklifi takes precedence over positive law, because the taklifi law has more rewards. And that's Shari's main goal. "
6. Lighter law is imposed on heavier law. Because Shari'a is based on relief. According to the word of God: "God wants ease for you, and does not want trouble for you." (Surat al-Baqarah: 185) and also the word of God: "He does not make for you in religion a narrowness." (QS Al-Hajj : 78).[14]
d. Tarjih by paying attention to external factors
Ash-Syaukani, said there were 10 kinds of pentarjihan with regard to external factors, but here only a few would be explained:
1. One of the arguments/dalil takes precedence and ends the other arguments if it is strengthened by other arguments from the Qur'an, hadith, ijma ', qiyas, reason, senses, to strengthen the power of the argument in realizing the goal of Shari'.
2. dalil that are carried out by residents of Medina, khulafaar-rashidin, or some people take precedence. Because the residents of Medina knew more about the descent of the Qur'an and were more aware of the places where revelation was revealed and its judgment. In addition, the Prophet also encouraged his people to follow the khulafaar-rashidin.
3. dalil 'Refuse' nash which mentions the existence of legal grounds by being followed by a reason and ending nash which states the existence of a law but is not followed by a reason. Because it is easier to submit to and easily accepted.
4. Prioritize the law of two propositions that are closer to prudence and free dependents. Because it is closer to realizing goodness and rejecting harm.
5. 'Refuse' the proposition that coincides with the narrator's explanation through his actions or words and ends the argument which is not the case. Because the narrator of a khabar is more understanding and knows more about what he narrated.[15]
C.
‘Amr (Amar :
Command)
In
conveying the law of God, the arguments of the quran and sunnah contain several
forms, such as amar (command) and also nahi (prohibition). After understanding
the category, a law will be formed which constitutes five basic Islamic laws,
namely Mandatory, Haram, Makruh, Mubah and Mandub. [16]In
every word that Amar can contain three elements, among others, namely: The
governing (who pronounces the word amar), Objects that are subject to the word
amar or in other words are told, Speech expressed or pronounced as a form of
command or command. [17]Amr's
recitation is defined as the essence in a word and is devoted based on majaz
and agreement in an action.
1. Amar Limits
1. Amar Limits
Amar is a
sighat who has a specific intention to do something for sure. As like from
mutakallimin is a form of command issued from the utterance of the instructor
who has more power, so that what becomes his command is really considered a
mandatory sign to be done and not to be underestimated. If the order is out of
the words of someone who is lower in dignity, then this is called majaz.
إِنَّ هَذَا لَسَا حِرٌ عَلِيْمٌ يُرِيْدُ أَنْ يُخْرِجَكُمْ مِنْ أَرْضِكُمْ بِسِحْرِهِ فَمَا ذَا تَأْمُرُوْن
Meaning:
"Indeed Moses is truly a clever sorcerer. He wants to drive you from your
own land with his magic; what do you recommend? "(Surat ash-Shuara:34-35).[18]
2. Amar's nature
Most of the Ulama 'UshulFiqh, mentioned that
اللفظ الدال على
طلب الفعل على جهة الإ ستعلاء
A
claim (order) to do something from a party that has a higher position to the
party that is lower in level.Often orders to do an act can be conveyed in
various editorial styles of delivery,including:[19]
a. The word Amar as a strict command (أمر) and the same as him, for example:
a. The word Amar as a strict command (أمر) and the same as him, for example:
إِنَّالله يَأْمُرُبِالْعَدْلِ وَالإِحْسَانِ وَإِيْتَاءِ ذِيْ
الْقُرْبَى وَيَنْهَى عَنِ الْفَحْشَاءِ وَالْمُنْكَرِ وَالْبَغِى يَعِظُكُمْ
لَعَلَّكُمْ تَذَكَّرُوْنَ
Verily Allah commands (you) to be fair and do
good, give to the relatives, and Allah forbids evil, evil, and hostility. He
gave you teaching so that you could take lessons (QS AnNahl verse 90)
b. The command is presented with the mudhari verb (فعل المضارع) For example:
ثُمَّ لْيَقْضُوْا تَفَثَهُمْ وَلْيُوْفُوْا نُذُوْرَهُمْ وَلْيَطَّوَّفُوْا بِالْبَيْتِ الْعَتِيْقِ
Then (after slaughtering) they should remove
the dirt on their bodies and let them perfect their vows and do tawaf around
the Baitullah (QS Al Hajj: 29)
c. Commands in the form of promising a good for
the culprit. As in QS Al Baqarah verse 245:
مَنْ ذَا الَّذِيْ يُقْرِضُ الله قَرْضٍا حَسَنًا فَيُضَا عِفَهُ لَهُ أَضْعَافًا كَثِيْرَةً وَ الله يَقْبِضُ وَيَبْسُطُ وَإِلَيْهِ تُرْجَعُوْنَ
Who wants to
lend to God, a good loan (spend money in the way of Allah), then Allah will
multiply the payment to him by multiplying that many. And Allah
constricts and enlarges (sustenance) and he restores it (QS Al Baqarah 245)
The amar form is usually used in several uses of Arabic which has
many meanings, such as:
a. Ijab (Required), such as:
a. Ijab (Required), such as:
أَقِيْمُوْا الصَّلاَةَ
Meaning: "Establish the Prayer" (QS. Al Baqarah: 43)
b. Nadab (Sunnah), like:
b. Nadab (Sunnah), like:
فَكَا تِبُوْ هُمْ إِنْ عَلِمْتُمْ فِيْهِمْ خَيْرًأ
Meaning: "Let ye make an agreement with them (slaves) if you
know of good in themselves” (QS. An Nuur : 33).
c. Ershad (Guidance) like :
إِذَا تَدَا يَنْتُمْ بِدَيْنٍ إِلَى أَجَلٍ مُسَمَّى فَا كْتُبُوْهُ
Meaning:
"If you are not in cash for the specified time, then you should write it
down" (Al Baqarah: 282)
d. Ibahah (acquisition) :
d. Ibahah (acquisition) :
فَاصْطَادُوْا
Meaning: "Then hunt"
e. Tahdid (threat) :
e. Tahdid (threat) :
إِعْمَلُوْا مَا شِئْتُمْ
Meaning:
"Do as you please"
What is meant is an explanation of the use of this form in Arabic
which results in it being intended at the time of the absence of qarinah. A
group of scholars say that this form of pronunciation is allied in all the
meanings used. Whereas there are opinions from other Ulama that he is allied to
recite between consent, nadab, and ibahah and also not
including the meanings that are threatened, but are used as majaz.
SegolonganUlama states that: Indeed, it is a substance in the ijab which means that if the form of amar is found to be an absolute form, then the act is demanded for the culprit to get the reward, while the one who leaves will be punished. Whereas qarinah is not used to explain intent, but to divert form from its essence.
SegolonganUlama states that: Indeed, it is a substance in the ijab which means that if the form of amar is found to be an absolute form, then the act is demanded for the culprit to get the reward, while the one who leaves will be punished. Whereas qarinah is not used to explain intent, but to divert form from its essence.
From some
opinions Ulama 'has the conclusion that the free form is:
a. This form shows the demands of actions in terms of consent
a. This form shows the demands of actions in terms of consent
b. This form shows the demands of actions in
terms of nadab
c. This form shows an absolute demand
c. This form shows an absolute demand
d. This
form shows the existence of permits solely
e. And also does not show one of the meanings
of its use except with
qarinah.[20]
3. Amar demands
for repetition
Opinions from
some Ushul experts that this form of amar actually requires a repetition and is
based on qiyas. This is considered null, because qiyas is in language but the
language is not defined by qiyas.
وَالسّاَرِقُ وَالسَّارِقَةُ فَاقْطَعُوْا أَيْدِيَهُمَ
The
explanation is that they did not think that the same sentence was applied to
thieves who had committed theft three times. It is not the same as cutting the
left hand. Because theft is not the real illat that must be applied to a hand
cut sentence for the second theft case according to Ijma sources. ' This is the
answer from those who forbid the specialization of illat. So this is what is
called the cancellation of his deeds, so that the purpose of the text is to
remain because illat is not considered anymore. And the view from all aspects,
this text is to be regionalized, because the meaning of the hand here is the
right hand with the argument of IbnMas'ud namely:
فَاقْطَعُوْا أَيْمَانَهُا
Meaning: "Then cut off both right hands"
Whereas in the context of reality the thief only has one right
hand. Then there is a comparison between khabaraahaad and aahaad, Every male
and female thief then cut off the right hand of both. Whereas for the third
theft there is no place for the law to be implemented. Because every human has
only one right hand each. So that theft is then punished by cutting the leg.[21]
4.
Amar's order to be fulfilled immediately
The order was revealed to have been bound by time even though its
completion was past that time. An example is five daily prayers. So what is
demanded here is the implementation in carrying out the order in time. Then
there are cases of orders that are not time bound as well as fulfilling
kaffarat and mengqodho fasting of Ramadan. This then became a debate among the
experts of the Ushul, whether this then obliged to be hastened or not. Then the
correct answer is mere demand. It can be ended but not to cause people who are
governed not to miss as they may hasten. This is based on information about the
absence of it in terms of time allowance and repetition. So the coming is only
from qarinah-qarinah that surrounds it. As an example :
فَاسْتَبِقُوْا الْخَيْرَاتِ
Meaning:
"Race in doing good"
وَسَارِعُوْا إِلَى مَغْفِرَةٍ مِنْ رَبِّكُمْ وَجَنَّةٍ عَرْضُهَا كَعَرْضِ السَّمَاوَاتِ وَالْأَرْضِ أُعِدَّتْ لِلْمُتَّقِيْنَ
Meaning:
"And hasten you to the forgiveness of your Lord and the heaven which is
wide as heaven and earth which is provided for those who are devoted.
D. Nahi
(Prohibition)
The
discussion of the Ulama 'about the definition of Nahi continues with a
discussion on Amar concerning the Hakiat, the position that gave it, and the
pronunciation.
1. Signs of the Ulama regarding a higher position for the ruling:
1. Signs of the Ulama regarding a higher position for the ruling:
هُوَ طَلَبُ التَّرَكِ مِنَ الْاَعْلَ إِلَى الْاَدْنَى
Meaning:
Demands to leave from a higher party at a lower level
2. There is an elevated attitude when Nahi is delivered :
2. There is an elevated attitude when Nahi is delivered :
هُوَ اقْتِضَاءُ كَفٍّ عَلَى وَجْهِ الْاِسْتِعْلاَءِ
Meaning:
Demands for leaving are rising
3. Complete definition:
هُوَ طَلَبُ الْكَفِّ عَلَى وَجْهِ الْاِلْزِامِ بِلَفْظٍ غَيْرِ نَحْوِ كَفًّ
Nahyi or Nahi
according to UlemaUshul is the opposite of Amar, which is a word or lafadzs
which shows a demand to stay away from something from superiors to
subordinates.[23]
Nahi means a
claim not to do or leave a prohibited act. More or less the form of Nahi is
almost the same as Amar, which is there is (pengharaman) tahrim, (makruh)
karahah or for those who are allied with both.
وَلاَتَقْرَبُوْا الزِّنَا
Meaning: And do
not approach adultery (QS. Al Isra ': 32)
لاَ
تَأْكُلُوْ أَمْوَالَكُمْ بَيْنَكُمْ بِالْبَاطِلِ
Meaning: Do not part of you eat the wealth of some of the others
among you by a vanity (QS. Al Baqarah: 188)
لاَ تَأْكُلُوْ أَمْوَالَ الْيَتَامَى ظُلْمًا
Meaning: Do not eat the property of the orphans in a persecution
Words here have
the intention to bind two parties, as well as in the buying and selling
procession, the existence of consent and qabul. So that said words from the
seller and buyer are a bond.
If there is a
prohibition on something because of the essence, then it loses its suitability
in being a cause for a law, then that is a favor. Except if there is a special
argument that there is a prohibition on the action because of a characteristic
that is separate and side by side with it.[24]
Like the
prohibition of approaching menstruating women in the word of Allah SWT:
وَلاَتَقْرَبُ هُنَّ حَتَّى يَطْهُرْنَ
Meaning: And do
not approach them (your wives) before they are holy "(QS. Al Baqarah: 222)
1.
Meaning of
SighatNahyi.
The essence of
Nahyi is a demand to leave something.Unless there is a clear qarinah it is
permissible to switch meanings. But there is indeed a difference among
UshulUlama to implement this. Is the essence of tahrim, karahah, or both:
a.
For Jumhur, the
essence is intended for tahrim, it cannot be for karahah. So that it cannot
show any meaning other than qarinah
b.
The second
opinion is that Nahyi without qarinah shows karahah
c.
Musytarak
between tahrim and karahah both isyitrakmaknawi and isytiraklafadzi
d.
Sufism is the
essence of nahyi demands From the opinions which number four above, the
most strongly considered is the public opinion because it is concluded from the
general sighat-sighatNahyi. While some other reinforcing reasons are:
a. If you have common sense, you will be able to know and show which ones are haram
a. If you have common sense, you will be able to know and show which ones are haram
b. Salaf scholars use Nahyi theorem also to
identify haram.
c. In QS Al Hasyr verse: 7
وَمَا آتَاكُمُ الرَّسُوْلُ فَخُذُوْهُ وَمَا نَهَاكُمْ عَنْهُ فَانْتَهُوْا
Meaning: And what the Apostle brings (commands)
to all of you obey and what is forbidden to you all stay away.[25]
2.
Nahyi Demands
To Leave Directly
In the word of
God QS. Al-An'am verse 151:
وَلاَ تَقْتُلُوْا النَّفْسَ الَّتِى حَرَّمَ الله إِلّأَ بِالْحًقِّ
Meaning: Do not
all kill a soul that is forbidden by Allah, except with Rights. (QS. Al-An'am:
151)
The word killed
here is a form of Nakiroh from Nahyi. And the above is still very common,
because there is no argument that makes it seem like killing with rights or
something else. So it is very clear that this prohibition is carried out
continuously and directly. So this Nahyi has been agreed upon as something that
demands to be abandoned.
3. Link between
Nahyi and Facade and Buthlan
a. About Nahyi
1). Nahyi is Mutlaq which means without the
existence of qarinah which indicates that something is forbidden. There are two
forms, namelysensory and syara '. Sensory such as the right to prayer, fasting
and so on.[26]
2). A more detailed explanation of sensory acts is actions that can be interpreted or known to be sensory and their forms do not depend on syara '. It's different with Syara. Here syara 'has the meaning that it is an action that depends on syara' for example prayer and fasting will not be valid as worship if there is no syara 'determination.'
3). Nahyi is returned to the essence of action. Such as the sale and purchase ban with hash which is usually practiced by throwing keriki or coins today.
2). A more detailed explanation of sensory acts is actions that can be interpreted or known to be sensory and their forms do not depend on syara '. It's different with Syara. Here syara 'has the meaning that it is an action that depends on syara' for example prayer and fasting will not be valid as worship if there is no syara 'determination.'
3). Nahyi is returned to the essence of action. Such as the sale and purchase ban with hash which is usually practiced by throwing keriki or coins today.
4). Nahyi is attached to something that is
prohibited. Such as buying and selling usury as well as a ban on fasting during
the feast.
5). Nahyi is returned to character, closely related to an act separate from other actions. Examples of prohibitions on worship in a place of stolen property.
5). Nahyi is returned to character, closely related to an act separate from other actions. Examples of prohibitions on worship in a place of stolen property.
Conclussion
1. According
to the Hanafiyah school of thought, ta'arudh is preventing each other by
opposing each other. Ta'arudh itself is divided into three types: a). The
conflict between the arguments of qathi and dalildzanni, b). Contradictions
between two propositions qath'i, c). Conflict between two propositions dzanni.
2. According
to ‘Ali Hasaballahtarjih is to show the advantages of one of the two
propositions that are the same as something that makes it more important to
consider than the other. The pentarjihan method is divided into four: a).
Tarjih in terms of sanad, b). tarjih in terms of matan, c). Tarjih in terms of
law or legal content (madlul), d). Tarjih by paying attention to external
factors.
3. The Definission of Amar is a sighat who has a
specific intention to do something for sure. As like from mutakallimin is a
form of command issued from the utterance of the instructor who has more power,
so that what becomes his command is really considered a mandatory sign to be
done and not to be underestimated.
4.
The Definission
of Nahyi
or Nahi according to UlemaUshul is the opposite of Amar, which is a word or
lafadzs which shows a demand to stay away from something from superiors to
subordinates.
BIBLIOGRAPHY
Al-KhudariBiek Muhammad, 2007, UshulFikih, Jakarta :PustakaAmani.
Atabik, Ahmad. (2016). MetodeTarjihdalamKajianHadits. Vol. 2 (Journal.stainkudus.ac.id/index.php/Esoterik)
Effendi, Satria&Zein, M, 2005, UshulFiqh, Jakarta :Prenada Media
Hasbiyallah. 2014. FiqhdanUshulFiqh. Bandung: PT. RemajaRosdakarya.
Idris, M. KonsepTarjihDalamIlmuUshulFiqih. 1
Koto, Alaiddin.2004. IlmuFiqihdanUshulFiqih. Jakarta: PT. RajagrafindoPersada.
Rosyadi, Imron. 2017. TarjihSebagaiMetode: PerspektifUshulFiqh. Vol. 1 No. 1
Syafe’I, Rachmat, 2010, IlmuUshulFiqih, Bandung : CV PUSTAKA SETIA
Syarifuddin, Amir, 2008, UshulFiqh 2, Jakarta :KencanaPrenada Media Group
Wafaa, Muhammad. 2001. MetodeTarjihatasKontardiksiDalil-DalilSyara’.Jatim: Al-Izzah.
Notes:
1.
Abstrak harusnya dengan dua bahasa
2.
Berikan contoh yang jelas terkait dengan tarjih
3.
Format keterangan awal tidak sesuai dengan instruksi saya di kelas
4.
Diperbaiki lagi cara penulisan daftar pustakanya
[1] Muhammad Wafaa, MetodeTarjih(Jatim:
Al-Izzah, 2001), P. 13
[2]Alaiddin Koto, IlmuFiqihdanUshulFiqih(Jakarta:
RajagrafindoPersada, 2006), P. 141
[3] Muhammad Wafaa, MetodeTarjih(Jatim: Al-Izzah, 2001), P. 37
[4] Ibid, P. 45
[5] Muhammad Wafaa, MetodeTarjih(Jatim: Al-Izzah, 2001), P. 70
[6]ImronRosyadi, TarjihASebagaiMetode:PerspektifUshulFiqh, P. 11
[7]Hasbiyallah, FiqhdanUshulFiqh(Bandung: PT RemajaRosdakarya,
2014), P. 125
[8] M. Idris, KonsepTarjihDalamIlmuUshulFiqih,Pl. 1
[9] Ahmad Atabik, MetodeTarjihDalamKajianHadits (vol. 2, 2016),
P. 137
[10] Ibid, P. 137
[11] Ahmad Atabik, MetodeTarjihDalamKajianHadits (vol. 2, 2016),
P. 140
[12]Ibid, P. 137
[13] Ahmad Atabik, MetodeTarjihDalamKajianHadits (vol. 2, 2016),
P. 142
[14] Ahmad Atabik, MetodeTarjihDalamKajianHadits (vol. 2, 2016),
P. 146
[15]Ahmad Atabik, MetodeTarjihDalamKajianHadits (vol. 2, 2016),
hal. 147
[16]Satria
Effendi & M. Zein, UshulFiqh, (Jakarta : Prenada Media, 2005) P. 178
[17]AmirSyarifuddin,
UshulFiqh 2, (Jakarta : KencanaPrenada Media Group, 2008) P. 179
[18]Muhammad Biek Al Khudari, 2007, UshulFikih, (Jakarta :
PustakaAmani, 2007) P. 427
[19]Opcit. P.181-182
[20]Opcit. P. 427-430
[21]Ibid P. 440-441
[23]RachmatSyafe’I
, 2010, IlmuUshulFiqih, (Bandung : CV PUSTAKA SETIA, 2010) P. 207
[25]Opcit. P. 208
[26]Ibid. P. 209
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