HISTORY OF
GROWTH AND DEVELOPMENT
USHUL FIQH
TsaniaUtsmaTausih
(17110103)
Students of
Islamic Education Department
State Islamic
UniversityMaulana Malik Ibrahim Malang
e-mail:tsaniau1@gmail.com
Abstrak
This paper
discusses the history of the development and growth of usulfiqh. The
development of usulfiqh cannot be separated from Islamic law that has
existed since the beginning of the arrival of Islam. Times continue to
experience significant development. Usulfiqh also developed following
the developments and changes. Usulfiqh is a branch of knowledge that
explains the propositions of fiqh that are general and universal. Usulfiqh
can also be called the processing or making of fiqh law carried out by
the mujtahid. The position of usulfiqh as knowledge becomes
important, because from it will reduce the quantity of people who are only
obedient to a law.
Keywords :UshulFiqh, History
A.
Introduction
History has a high value and role in human life. History exists
because the community holds that the event is something high and has benefits
as the best evaluation material or teacher for humans in the future. The scope
of history can be interpreted to include a certain region, at a certain time,
involving a certain group of humans who live communally, and in the end will
cause a consequence called civilization.
Usulfiqh is a branch of
knowledge that explains the propositions of fiqh that are general and
universal. The relationship between usulfiqhand fiqh are two
bonds that cannot be separated from one another. Usulfiqh is referred to
as the processing or manufacturing process that produces a fiqh law as
its product.
History mentions that fiqh comes first in human life
compared to usulfiqh. The seeds of the development of ushulfiqh
have existed since the time of the Prophet Muhammad. some parts of ushulfiqh
at this time include qiyas, ijtihad, etc. At that time ushulfiqh
did not have certain rules or rules that were used in determining the law. This
is because all problems can still be asked directly to the Prophet.
Usulfiqh plays a very
important role in solving various new problems that are not explicitly
mentioned in the Alquran or hadith. Today, the problems that occur in human
life are increasingly numerous and complex. These problems also allow the
emergence of new laws that have never been mentioned in the Alquran, hadith, or
other sources of Islamic law. Because of this, the science of ushulfiqh
must be dynamic in keeping with the changing times. Ushulfiqh became the
most important science used by mujtahid to establish new laws that
guarantee the benefit of humans without contradicting the Alquran and hadiths.
The mujtahid since the days of the Companions have made many
developments in the field of UshulFiqh..
B.
Prophet
Muhammad SAW Period
No one knows for sure when the term 'ushulfiqh' first
appeared in the Islamic world. Some scholars have their respective perceptions
about when ushulfiqh exists in the lives of Muslims. According to Abu
Zahrah the emergence of the science of ushulfiqh coincided with the
science offiqh, even though fiqh was first recorded earlier.[1]He
assumed that fiqhas a legal product will always be present after the
existence of legal processing summarized in the science of ushulfiqh.
The similarity of the emergence of fiqh and ushulfiqhis also
influenced by reasons which explain that the existence of fiqhas a legal
product resulting from ijtihad has existed since the time of the Prophet
Muhammad. Thisijtihadhas been carried out by companions to solve several
problems in their lives. In doing ijtihad, practically they use the
principles of ushulfiqheven though at that time ushulfiqhhad not
yet been recorded as a scientific discipline.[2]For
this reason, we can know that ushulfiqhand fiqh are two things
that cannot be separated from each other. Thus, some scholars believe that the
emergence of ushulfiqhcoincides with the emergence of fiqh in the
Muslim community.
This opinion is not in accordance with the views of some other
scholars such as Mustafa Said al-Khin. Musthafa Said al-Khin explained that ushulfiqh
had an existence first when compared to fiqh. The reason is that ushulfiqh
is the foundation, whereas fiqh is a building that is erected on the
foundation.[3]
From this question we can conclude thatushulfiqh must be present in
order to be able to support the presence of fiqh.
From some of these opinions we cannot determine which is the most
correct between the two. Moreover, what is important to know in the process of
the development of ushulfiqh at this time is that ushulfiqh in
the era of Rasulullah SAW has not been established as a scientific branch. Ushulfiqh
at this time only in the form of seeds used by the companions to do ijtihad on
several problems
In this era, as we know the main source which is used as the basis
for determining the law is the Alquran and the hadith. If Muslims encounter
problems that have not been included in the Alquran, they will ask the Prophet
directly. These two sources have been guaranteed to be correct, so that the ijtihadthat
has been carried out has not been bound by the methods and requirements that we
meet today.
Here are some of the events that are evidence of the use of ushulfiqh
in the ijtihadprocess carried out by the Prophet or Companions. The
first case is when Umar bin Khattab said to Rasulullah SAW that he had kissed
his wife while fasting. Umar asked whether his fast was canceled or not because
of the action. Rasulullah SAW asked Umar, "O Umar, what do you think if
in a state of fasting you carry out a mouth rinse with water?" Umar
then replied, "It's okay, O Messenger of Allah". Then Rasullah
said, "then continue your satisfaction". From this incident we
can conclude that kissing his wife is not one of the reasons for the
cancellation of fasting. This law is determined by noting the cancellation of
fasting due to kissing his wife by rinsing his mouth with water.
The proof of the application of qiyas was carried out by the
Messenger of Allah in his time, was when a woman came to meet the Messenger of
Allah and asked for a way out about her mother having died and leaving fasting
debt for one month. The Prophet then asked, "if your mother has a debt,
will you pay it?", The woman replied "Yes, Messenger of
Allah". Hearing this the Prophet said "Debt to God is more
entitled to be fulfilled". To the question of the woman who came to
him, the Messenger of Allah did not answer with the answer "Yes" or
"No". He answered by qiyas against debt receivables. So, the
law of fasting debt of parents who die is equated with the law of accounts
receivable assets. The case became the basic form of qiyas, which was
later compiled by a standard procedure by Imam Shafi'i.[4]
Another story explains that there were two companions who were traveling
and were about to pray. Unfortunately, they did not find water that could be
used for ablution. The two friends finally decided to perform tayamum
and pray. Then, on the next trip the two friends found a source of water and
prayer time could still be held. One of the friends decided to repeat the
prayer, while the other did not. The two friends went to see Rasullah to ask
about the incident. To those who do not repeat, the Prophet said: "You
have fulfilled your sunnah and your prayers are sufficient."To those
who perform their ablution and repeat their prayers, the Messenger of
Allah.states: "For you two merits.”[5]The
incident showed that the Messenger of Allāhmemb had justified the ijtihad
process that had been carried out by companions.
The legality given by the Messenger of Allah to the ijtihad
was also conveyed to Mu'az bin Jabal when the latter was sent to Yunan. At that
time the prophet said:[6]
"How do you decide on a case that is presented to you"?Muaz answered, "I decided with the law contained in the Alquran".
The Prophet asked again, "if you do not find that law in the Alquran?"Muaz
answered, "I decided by the sunnah of the Prophet", the
Prophet also asked again, "if you do not find in the Sunnah and also
not in the Alquran?"Muaz replied, "I will do my pilgrimage
with my mind and I will not let my guard down," then the Messenger of
God patted his chest and said, "Praise be to Allah who gave taufik to
the messenger of the Messenger of Allah."
The above story is proof that the Prophet gave permission for companions
to do their own ijtihad. This is also shown in the incident which explains that
the Messenger of Allah gave an order to Amr bin Ash to decide on a case, even
though the Prophet himself was with him. Then, Amr bin Ash asked the prophet,
"Do I need to emigrate if you were here, O Messenger of Allah?"He
replied, "Yes, if your ijtihad results are right you will get two
rewards, if wrong you will still get one reward."
From the events we can see that the Messenger of Allah really gave
an opportunity for the Companions to dare to do their own ijtihad. In
fact, the Prophet himself also gave motivation to friends to do ijtihad on
issues that have not been explicitly explained in the Alquran. However,
basically all forms of ijtihad decisions made by the companions cannot
be used as a source of law before the Messenger of Allah gave ratification of
the ijtihad and no revelations came down to not justify it.
Basically the Prophet himself was also just a human being like
other humans. He can forget or make mistakes. This allows the results of ijtihadwhich
he has decided also to have an incorrect element. However, this error will be
immediately justified by God through His word. Rasulullah Muhammad SAW said:[7]
"I am nothing but a human being, so everything I say to you
from God is true, and everything I say from myself, because I am also a human,
can be wrong and can be right". (HR. Muslim).
An example is hisijtihad ruling regarding the actions that
need to be taken against the prisoners of war of Badr. The Prophet asked a some
of companions about the action that had to be taken, Abu Bakr suggested that
the captives be released on bail. This is different from the opinion of Umar
ibnKhatab who proposed that they be killed as a ransom for his sin which had
tortured and expelled the Prophet Muhammad from Mecca. From these two opinions
of the Companions the Prophet decided to repatriate the Badr prisoners of war
with a ransom. However, furthermore Allah revealed a verse that does not
justify the decision of the Apostle, contained in Q.S Al Anfal: 67 as follows:
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67. it is inappropriate for a Prophet to have a prisoner before
he can incapacitate his enemies on earth. you want earthly possessions while
Allah wills (reward) the afterlife (for you). and Allah is Mighty and Wise.
From this verse
Allah gave justification for the ijtihad decision that had been carried
out by the Prophet before. This verse explains that at that time the state of
Islam was developing and building foundations in Medina. In order to preserve
the honor and sovereignty of Islam it should be decided to kill prisoners of
war rather than asking for wealth as a ransom. That way, infidels will have
fear and a sense of deterrent to attack or intimidate Muslims.
From some
examples of ijtihad that have been carried out by the Prophet and companions
above we can conclude that the results ofijtihad determined at this time
were not a definite source of law before they were supported by the revelation
of God. Ijtihad at this time was the forerunner to the development of ijtihadin
the years that followed. This really helped the Mujtahids after the Prophet's
death to solve a problem that did not exist in the time of the Prophet or in
the Alquran and hadith.
C.
Companions
Period
After the death of the Prophet at the age of 63 years, the
Companions had to solve all their problems themselves. This time is also known
as a transition from a time when Rasullah was still able to accompany his
companions to a time when Rasulullah did not exist anymore.
At this time there are more complex problems. This is a challenge
for companions to decide the most appropriate law using the ijtihad
method. At the time of Khulafa al-Rashidin or the generation of companions, law
development activities are based on a methodology whose components are the Alquran,
sunnah, ijma ’, and ra’yu.[8]
The Companions decided on a law using their ijtihad abilities or
following the Caliph's decision at that time. Some companions are known to have
advantages in the field of law, including Ali bin AbiTalib, Umar bin Khattab,
Abdullah IbnMas'ud, Abdullah Ibn Abbas, and Abdullah bin Umar. Their careers
partly began in the time of the Prophet. itself.[9]
In this period, basically the companions have also used ushulfiqh
in establishing the law. It's just that the ushulfiqh they used was only
in its earliest form, and it hasn't been revealed much in the formulation of
formula as we know it today..[10]This
shows that the companions have confidence in their ability to do an ijtihad
based on the meeting and learning they have obtained from the Prophet, so they
do not need the conceptual formulation of ushulfiqh as a science as
mujtahid today.
There are several new ways used by companions in deciding a law.
These methods include ijma ', maslahahmursalah, or qiyas. Ijma ’is used
by the caliph when there is a problem that does not have a law in the Alquran
or hadith. He invited his companions to deliberate on solving the problem. The
results of the deliberations agreed upon by companions are then referred to as ijma
companions. Examples of the implementation of ijma 'occurred during the
reign of the caliph Abu Bakr. At that time, Abu Bakr was confronted with a
problem in which many Muslims were reluctant to pay zakat. Facing this problem,
Abu Bakr invited companions to consult to find a solution that could solve the
problem. Umar bin Khatab gave the opinion that while the dissenters of zakat
were still in an Islamic state, the state was obliged to guarantee the safety
of their lives and property. This is certainly not in accordance with the view
of Abu Bakr, he assumed that a Muslim who does not want to pay zakat means that
he has denied one of his obligations as a Muslim. Thus, the final verdict of
this deliberation is that people who are reluctant to pay zakat must be fought.
Furthermore, the form of the use of reason (ra'yu) occurs in
the decision of companions using theqiyas method and maslahahmursalah.
Caliph Ali ibnAbiTalib once carried out qiyas by setting penalties for
people who drink khamr the same as those who do qazf, which is 80
times whipping. This is for the reason that if a person is drunk from drinking khamr,
he will lose consciousness and then become delirious, and if delirious he will
not be able to control his words, so that he can accuse others of adultery.
The next example is the method of maslahahmursalah that has
been used by the caliph Umar bin Khatab. Umar bin Khattab did not spare the
sentence of cutting off the hand of someone who stole from hunger (emergency /
forced).[11]Furthermore,
there is also a mention of the event when Umar decided to return the land that
was conquered by Muslim troops to the people of the area on condition that
every harvest, they must pay tax (jizyah) to the government. This
decision, basically considered contrary to the Alquran and had never been done
before, even by the Prophet Muhammad. Companions like Bilal bin Rabbah and
Abdurrahman bin Awf belonged to a group of companions who opposed the decision.
In fact in making that decision Umar already had very mature considerations. He
assumed that if the land which was the source of livelihood for the people was
seized, the state would have two big losses, first the state poverty rate would
increase, secondly the more poor people would be the greater the burden on the
state. This event then became the forerunner to the existence of the maslahahmursalah.
Thus, some events that show the companions have done some ijtihad
which is the initial seed of the development of the science of ushulfiqh.
It should be remembered that the real knowledge of ushulfiqh has not
been applied at this time due to the psychological closeness of the Companions
with the Messenger of Allah, so that they have understood the basic rules that
must be possessed by a mujtahid.
D.
Tabi’inandTabi’
Tabi’in Period
During the tabi'in period, the scholars tended to have similarities
with the period before them. They have interacted directly with companions who
interpreted that the scientific concepts or the substance of their knowledge are
the same. This in turn did not encourage them to develop conceptual formulas
for the purposes of developing Islamic law. [12]Examples
of tabi'in that focus on conducting ijtihad at this time are Sa'idibn al
Musayyab who does his ijtihad in Medina, and Al Qamahibn al-Qays and
Ibrahim al Nakha'i in Iraq.
At this time Islam has developed and has increasingly broad areas
of power. Each of these Islamic jurisdictions has cultural conditions, customs,
or languages that are different from Arab countries. Islamic scholars preach
and dedicate themselves to these new areas. This fact certainly has more and
more consequences and the complexity of the types of problems that will be
faced by Muslims. In this case, of course, allows differences in legal
decisions in one region with other regions.
At this time, there were two very important phenomena, namely the
emergence of two groups of ijtihad such as ahlra'yu based in Iraq
and ahl al hadith who were in Medina, as well as the fabrication of
hadith. From this it can be seen that at this time there were differences in
the methodology of the ulama in establishing the law due to different
geographical locations. Example; Iraqi fiqh scholars are better known by
the use of arra’yu, in every case they face they seek the illat,
so that with this illat they can equate the case law faced with a case
that already has a text. As for the scholars of Medina, many of the hadiths of
the Messenger of Allāh were carried out, because they easily tracked the Sunnah
of the Messenger of Allah in the area.[13]
The
end of the tabi'in period which was then continued with the generation of the tabi’
tabiin became the starting point for the formulation of the ijtihad
methodology which today we know as ushulfiqh. Indeed, to this day no one
knows the truth about who was the first base in the terms of ushulfiqh.
Some scholars have their own version of the first person who invented the
science of ushulfiqh. No wonder the followers of these scholars claim
that the teacher first compiled the rules of ushulfiqh and made them
into the study of science and the treasures of Islamic sciences..[14]
Followers
of Imam Abu Hanifah had the belief that the first compiler of ushulfiqh
as a science was Abu Hanifah and his two students named Muhammad ibn Al Hasan
and Abu Yusuf. This belief is based on their knowledge which says that Imam Abu
Hanifa was the author of the first istinbath method in his book entitled ArRa'yu.
The first book of ushulfiqh in the Hanafischool was written directly by
Abu Yusuf. Meanwhile, Muhammad ibn Al Hasan was a teacher of Syafi'i who had
written the book of ushulfiqh long before al-Sayfi'i.
Muhammad
al KudhariBek, who was a follower of the Shafi'i Imam, disagreed with this
opinion and believed that the first compiler of the rules of ushulfiqh
in Islam was the Shafi'i Imam. The book ArRisalah by Shafi'i is
considered to be the first book of ushulfiqh that we can still use
today. This bookkeeping event took place around the end of the 2nd century H or
the beginning of the 3rd century H. After the risks of the Shafi'i Imam, then
the books of ushulfiqh arose by the scholars, both from the Shafi'i
school itself or from another school.[15]
It is also known that in the book of ArRisalah he has recorded the
results of the fiqh worship that had been carried out in Iraq, Medina,
or Mecca. He succeeded in compiling a book which is a fusion of different fiqh
models in these three places. As we know, he was a student of Imam Malik who
was a fiqh expert in Medina, a student of Muhammad bin Hasan who was an
Iraqi fiqh expert, and had lived in Mecca so he knew the model of
establishing fiqh law there.
This
opinion is also supported by Musthafa Abdul arRaziq who said that if indeed Abu
Yusuf and Muhammad ibn al Hasan succeeded in formulating the rules of ushulfiqh,
it only contained support for the conflicting Hanafiyah followers and was
refuted by the hadiths.
The
claim of the followers of Abu Hanifah was also rejected by Shia scholars who
believed a fact that until the end of his life Imam Abu Hanifah did not leave work
related to the science of ushulfiqh. The fact that Abu Hanifa was a
great scholar who had established hundreds of fatwas was not strong enough to
be the reason for the claim.
Followers
of Malik's priest also believe that it was their priest who discussed the
science of superstition first. They reasoned that in the book of al-Muwaththa
the work of Imam Malik had explained the rules of ushul.
Among
the Shi'ah scholars, the first prominent figure to compile the books of ushul
and whose views were discussed in ushul for centuries was
SayyidMurtadhaAlamul-Huda.[16]
Another opinion explains that according to the Shia group Imamiyah, the figure
who first compiled the rules of ushulfiqh in a book was Muhammad al
Baqiribn Ali ibnZain al Abidin, who was then forwarded by his son, Abu
AbdillahJa'far ash Shidiq. These two people, according to the Shi'ah group,
were the first laying of the foundation, then composing them in a book with the
titled al Ahfadz was al Hishamibn al Hakam.
RachmatSyafe'i
explained that in order to ascertain who actually pioneered the science of ushulfiqh
as a branch of general disciplines covering all aspects, it is necessary to
know in advance the theories of writing in the science of ushulfiqh
which outline in two theories :[17]
First,
formulate fiqhiyah rules for each chapter in fiqh chapters and
analyze and apply the furu problem 'to these rules. For example, labor
rules. In addition, it sets limits and explains how to apply them in the rules.
This theory is the Hanafi group and they are the ones who pioneered it.
Second,
formulate rules that can help a mujtahid to restrain the law from a
shar'i source, without being bound by the opinion of a faqih or an
understanding that is in line with it or in conflict. This method is followed
by al-Shafi'i in his book ArRisalah, a book which is perfectly arranged
in the field of ushulfiqh and independent. Such a book has never existed
before according toijma’scholars and historical records.
Most
scholars believe that Shafi'i was the first figure to become a writer of the
book of ushulfiqh. Al Suyuthi commented "it was agreed that Shafi'i
was the first stone layer of ushulfiqh. He was the first to talk about
it and write it separately. As for Malik in al Muwatha'(only) shows part
of the rules, so did the other scholars of his time, such as Abu Yusuf and
Muhammad al Hasan.[18]
No
one knows for sure the real truth about who is the first originator of the
formation of the scientific ushulfiqh. Every human being has their own
version of truth. Meanwhile, the true truth belongs only to Allah SWT.
E.
Stage of Development ofUshulFiqh
In general the development of ushulfiqh can be divided into
three stages, as follows:
1.
Early stage (3rd H century)
This
period came under the authority of theAbbasiyah Dynasty government. This
dynasty is known as the "golden age" for the glory of Muslims. The
area that is controlled by Islam stretches throughout the world. At this time
the rise of science among Muslims occurred on a large scale. Beginning with the
love of the caliphate Harunar Rashid on science which has a positive effect on
the emergence of many scientists in various fields of religious or general
knowledge. Foreign language books as a whole began to be translated in Arabic.
One result of the rise of Muslim thought and enthusiasm when it was the
development of the field of fiqh, which in turn led to the compilation
of fiqh thinking methods called ushulfiqh.[19]The book ArRisalah by Shafi'i became the first full book of ushulfiqh
created at this time. This book is considered to be so phenomenal that it has a
high position, as said by ArRazi: "in the field of ushulfiqhasySayfi'i
has the same high position as Aristotle in the field of mantiq and the
position of al Khalil ibn Ahmad in the field of arudscience."
There
are several books that were also written in the 3rd century H by some figures,
unfortunately these books do not explain in full about the rules in ushulfiqh
as arRisalah, some figures who wrote the books are as follows:
a.
Isa ibnuIbanwith the bookIstbath al Qiyas, Khabar al Walid, andIjtihad
al Ra’yu.
b.
Ibrahim ibnuSyiyar al Nazhzhamwith the bookkitab al Nakt
c.
Ibnu Ali ibnuDaudazhZahiriwith the book al Ijma’ al Ibthal al
Taqlid, al Ibthal al Qiyas, al Khabar al Mujiblil al Ilmi, al Hujjat, al
Khushushwa al Umum, al Mufassrwa al Mujmaldankitabal Ushul
d.
Muhammad ibnuDaudibnu Ali al KhalfazhZahiriwith the book al
Ushul fi al Ma’rifat al Ushul.
At this time
also known as the birth of the school of fiqh imams who have many
differences related to the thought of ushulfiqhor fiqh. Followers
of the school's priest determine what legal sources they can use in their
lives. The existence of differences among the followers of the Imam of this school
of thought fueled the spirit of ijtihad and the study of science among
the scholars at that time.
It was during
the time of the Imam of this school of thought that Islamic law experienced
very rich dynamics and was accompanied by methodological formulations of ushulfiqh.[20]
They begin to have the awareness to solve a problem with a certain method.
During this period there was also a debate about the sources of law recognized
by each of the school's priests.
The sources of
law used in the Hanafi Imam school of study are the Alquran, hadith, fatwa of
the Companions, qiyas, istihsan, urf. The Maliki School uses legal
sources in the form of the Alquran, Hadith, Charity in Madinah, qiyas,
maslahahmursalah, sad adz dzarai, urf, and al adat. The Shafi'i School
chooses the Alquran, hadiths, qiyas as sources of law. And finally the
Hanabilah followers use the Alquran, hadith, ijma, qaulsahabi, hadith mursal
and da'eef, and qiyas.
2.
Stage of development (4th H century)
During
this time the Abbasiyah dynasty began to experience a setback. This is due to
the fact that there are many areas of power that have established small
caliphates and weakened caliphate political power systems. Fortunately, this
setback did not have a significant influence on the development of science,
especially fiqh. This period became the golden age of the development of
science among Muslims. The progress of science is caused by the determination
of the small Caliphate who wants to advance his area by improving intellectual
quality.
The
development of fiqh at this time was known to have its own
characteristics in the history of Islam. Liberal Islamic thought based on
absolute ijtihad ceases in this century.[21]They
argued that what had been determined by the previous ulama could not contain an
element of error. This resulted in the increasingly existent fiqhschools
supported by fanaticism by his followers. Furthermore, people are obliged to
follow the rules of one school of thought and are prohibited from transferring
the school as they wish.
In these
circumstances it does not mean that the scholars at this time only acted taqlid
on a law. As followers of the school they still routinely conduct scientific
studies that discuss the improvement of a law set by its founders. Some of the
business they do is as follows:
a.
Look
for the illat clarity of the law that has been decided by the ulema
before them (takhrij scholars)
b.
Present
different perspectives in the schools they follow
c.
Compose
the book of Khilafiyah to reveal the things that are debated, and comment based
on the opinion of the Imam of the school of adherence
At this time it was also known as the closing of the gate of
ijtihad among Muslims. This has a great effect on the development of fiqh
as follows:
a.
Scholars
at this time only conveyed a law that had been set by the previous scholar. Their
activities are limited to summarizing the book of fiqh of its
predecessor.
b.
Gather
furu field problems' in a shorter discussion
c.
Increasing
presuppositions for several problems
The closing of the door of ijtihad in the field of fiqh
provided a breath of fresh air for the development of ushulfiqh. The
incident provided a reason for scientists to examine in detail about the
decisions of the previous scholars. The researchers will look for the root of
the problem and evaluate the rules of ushulfiqh that has developed.
This, among others, is marked by the rise of tahqiq practices, discussion
and sharia on the books of ushul which already existed through the
process of evaluating certain ushul rules and tracing down to their
roots. In addition, these discussions and shrines are arranged in various books.[22]
Some of the books of ushulfiqh written at this time are as
below:
a.
Ushul
al Kharkhiby Abu al HasanUbaidillahibnu al Husain ibnuDilalDalaham al KharkhiThis
book explains the 39 principles of ushulfiqh which is Hanafiyah.
b.
Al
Fushul fi al UshulbyAhmanibnu Ali
Abu BakararRazim. This book is a lot of criticism of the book ArRisalah
by Shafi'i. This shows that this book has a Hanafiyah style.
c.
Bayan
Kasf al Ahfazhby Abu Muhammad Badr ad Din Mahmud
ibnuZiyad al Lamisy al Hanafi.
Based on the description above, there are some things that need to
be noted as a characteristic of the development of the science of ushulfiqh
in the 4th century H, namely the emergence of the books of ushulfiqh
that discusses the issue of ushulfiqh as a whole and not in parts as happened
in the previous period.[23]
At this time the thought of the scholars also began to be
influenced by philosophical thinking such as the use of manthiq in ushulfiqh.
This results in the attachment of the ulama of ushulfiqh in the pattern
or criteria of the manthiq rule when trying to define the term ushuliyah
so that there are many works that provide definitions of terms that are
characteristic in the science of ushulfiqh..
3.
The Improvement Stage (centuries 5-6 H)
Baghdad,
as the seat of government of the Abbasiyah dynasty, began to experience a
setback in political aspects. This makes other cities such as Bukhara, Cairo,
Markusy and Gahznah the centers of new civilizations in the Islamic world. In
addition, the sultan or king in the area also gave great support for the
development of civilization and knowledge. There are several important figures
in the progress of Islamic knowledge born at this time such as: Abd al Wahab al
Baghdadi, Al Baqilani, Abu ZaidadDabusy, etc.
At
this time the books of ushulfiqh were not only composed for the benefit
of each school, but also gave birth to two schools in ushulfiqh. The two
schools are hanafiyah(fuqaha) and mutakalimin.
Mutakallimingrup
is more oriented to the following matters, namely (1) asus-case analysis, (2)
formulation of legal norms (legal maxim, al qawaid), and (3) application
of qiyas accompanied by rational reasoning as far as possible, (4) )
construct fundamental issues of legal theory without being bound by legal facts
casuistic and legal thoughts of the schools of fiqh.[24]
In the process of analysis, this flow uses a lot of philosophical logic or the
process of integrating anatomy of science with the science of ushulfiqh.
The grup
of fuqaha 'has an orientation to the problems of furu'. For them,
ushulfiqh must be used for the development of the furu problem '.
The Islamic Jurisprudence that they built was not a parameter for evaluating al
furu ', but instead they built it within the framework of advocating the
schools of fiqh they professed.
It
is recorded in history that this century was the golden age of the birth of the
books of ushulfiqh in Islam. Some of the books of ushulfiqh that
were published at this time are :
a.
al AhdbyQadliAbd
al Jabbar al Mu’tazili
b.
al Luma’ by
Abu Ishaq al Syirazi al Syafii
c.
alMughni fi al Abwab al Adlwa at Tawhidby al Qadhiabd. Al Jabbar
d.
al Muammad fi al UshulFiqhby Abu al Husain al Bashri
e.
al Iddah fi Ushul al Fiqhby Abu al Qadhi Abu Muhammad Ya’la Muhammad al Husain ibnu Muhammad
ibnuKhalf al Farra
f.
alBurhan fi Ushul al Fiqhby Abu al Ma’aliAbd. al Malik ibnuAbidllahibnu Yusuf al Juwaini
Imam al Haramain.
g.
al Mustashfa min Ilm al Ushulby Abu Hamid al Ghazali
Of the several
books above, there are four books that are considered the best because it gives
a great influence on the development of ushulfiqh in the period
afterwards.The four books are al AhdbyQadliAbd al Jabbar al Mu’tazili, al
Muammad fi al UshulFiqhby Abu al Husain al Bashri, al Burhan fi Ushul al
Fiqhby Abu al Ma’aliAbd. al Malik ibnuAbidllahibnu Yusuf al Juwaini Imam al
Haramain, andal Mustashfa min Ilm al Ushulby Abu Hamid al Ghazali.
F.
Closing
Through the
results of the study of scavenger above, it can be concluded that the seeds of
the period of ushulfiqh development have existed since the time of the
Prophet Muhammad. The period after the death of the Messenger of Allah was a
refinement of ushulfiqh to become a branch of knowledge. The peak of the
development of ushulfiqh as science consisted of three main stages which
were at the end of the 2nd century H or the beginning of the 3rd century H.
The early stage
(3rd century H) was the golden age of the emergence of the Imam of the school
of thought which caused the thought of Islamic law to experience a very rich
dynamics and accompanied by the formulation of ushulfiqh methodically.
They begin to have the awareness to solve a problem with a certain method
The stage of
development (4H century) is a time when researchers will look for the root of
the problem and evaluate the rules of ushulfiqh that has developed.
This, among other things, is marked by the rise of tahqiqpractices,
discussion and sharia on the books of ushul which already existed
through the process of evaluating certain ushul rules and tracing down
to their roots. In addition, these discussions and shrines are arranged in
various books
The improvement
stage (5-6 H century) is a time when the books of ushulfiqh were not
only composed for the benefit of each school, but also gave birth to two
schools in ushulfiqh. The two schools are hanafiyah (fuqaha) and mutakalimin.
DAFTAR PUSTAKA
Alwani,
ThahaJabir . 1994. Source Methodology in Islamic Jurisprudence.
Virginia: IIIT
Asmawi.
2011. PerbandinganUshulFiqh.
Jakarta :Amzah
Atmaja,
FatkanKarim .2017. PerkembanganUshulFiqhdariMasakeMasa.Mizan:
JurnalIlmuSyariah. Volume 5 No 1
Dahlan, Abd.
Rahman . 2011. UshulFiqh. Jakarta: Amzah
Djalil, Basiq.
2010. IlmuUshulFiqh .Jakarta
:KencanaPrenada Media Group
Hayatudin,
Amrullah . 2019. UshulFiqh :Jalan Tengah MemahamiHukum Islam. Jakarta
:Amzah
Koto,
Alaiddin.2004. IlmuFiqihdanUshulFiqih.Jakarta
: PT Raja GrafindoPersada
Muthahhari,
Murtadha .1993.PengantarUshulFiqhdanUshulFiqhPerbandingan, terj.
SatrioPinanditodanAhsin Muhammad.Jakarta :PustakaHidayah
Putra,
Irwansyah. 2018. PerkembanganUshulFiqh.
JurnalSyariahHukum Islam Vol 1 No. 1
Shidiq,
Sapiudin . 2011. UshulFiqh. Jakarta :Kencana
Syafe’I,
Rachmat. 1998. IlmuUshulFiqh. Bandung
:PustakaSetia
Yasin,Achmad
. 2013. IlmuUshulFiqh. Surabaya : UIN SunanAmpel Press
Zulhamdi. 2018. PeriodisasiPerkembanganUshulFiqh.
Jurnal At-Tafkir Vol. XI No. 2
Catatan:
Mengapa tidak ada pembahasan metode mutakallimin
dan fuqaha’?
[1]AmrullahHayatudin, UshulFiqh : Jalan Tengah MemahamiHukum Islam,
(Jakarta : Amzah, 2019), p. 12
[2]SapiudinShidiq, UshulFiqh, (Jakarta : Kencana, 2011), p. 11
[3]FatkanKarimAtmaja, PerkembanganUshulFiqhdariMasakeMasa, Mizan:
JurnalIlmuSyariah. Volume 5 No 1, 2017, p. 25
[4]Zulhamdi, PeriodisasiPerkembanganUshulFiqh, Jurnal At-Tafkir
Vol. XI No. 2, 2018, p. 65
[5]FatkanKarimAtmaja, PerkembanganUshulFiqhdariMasakeMasa, ……p.
25
[6]Alaiddin Koto, IlmuFiqihdanUshulFiqih, (Jakarta : PT Raja
GrafindoPersada, 2004), p. 29
[7]AchmadYasin, IlmuUshulFiqh, (Surabaya : UIN SunanAmpel
Press,2013),p. 8
[8]Asmawi, PerbandinganUshulFiqh, (Jakarta : Amzah, 2011), p. 7
[9]Thaha Jabir Alwani, Source Methodology in Islamic Jurisprudence
(Virginia: IIIT, 1994), p. 19
[10]Abd.RahmanDahlan, UshulFiqh, (Jakarta: Amzah, 2011), p. 21
[11]AmrullahHayatudin, UshulFiqh : Jalan Tengah MemahamiHukum Islam, p.
17
[12]Asmawi, PerbandinganUshulFiqh, …p.7
[13]FatkanKarimAtmaja, PerkembanganUshulFiqhdariMasakeMasa, …p.
29
[14]RachmatSyafe’I, IlmuUshulFiqh, (Bandung : PustakaSetia,
1998), p. 27
[15]BasiqDjalil, IlmuUshulFiqh,( Jakarta : KencanaPrenada Media Group,
2010), p. 20
[16]MurtadhaMuthahhari, PengantarUshulFiqhdanUshulFiqhPerbandingan,
terj. SatrioPinanditodanAhsin Muhammad, (Jakarta : PustakaHidayah, 1993), p.
149
[17]AmrullahHayatudin, UshulFiqh : Jalan Tengah MemahamiHukum Islam,
….p. 22
[18]RachmatSyafe’I, IlmuUshulFiqh, …p. 29
[19]Irwansyah Putra, PerkembanganUshulFiqh, JurnalSyariahHukum
Islam Vol 1 No. 1, 2018, p. 43
[20]AmrullahHayatudin, UshulFiqh : Jalan Tengah MemahamiHukum Islam,
….p. 26
[21]RachmatSyafe’I, IlmuUshulFiqh, …p. 33
[22]AmrullahHayatudin, UshulFiqh : Jalan Tengah MemahamiHukum Islam,
….p. 26
[23]RachmatSyafe’I, IlmuUshulFiqh, ….p. 35
[24]Asmawi, PerbandinganUshulFiqh,…hlm. 8
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