Explanation and historical data that was submitted Hallaq indeed seem very full and valid to say that al-Syafi'i penggagas ushul fiqh is not the first. But, according to the reviewer, there are some things that may terabaikan by Hallaq.
First, there are disagreements about who the founder of fiqh ushul first. One opinion says that ushul fiqh and there have been growing since before al-Syafi'i, therefore, he only as one of a number of scholars who have a role in the development of fiqh ushul, not the founders.
But others say that the opinion of al-Syafi'i ushul is the founder of fiqh. This is because, although there have been previous ushul fiqh, but science as a systematic and coherent that meet the conditions of science, the new form of al-Syafi'i. Despite, of course, structure and systems in the discussion of the al-tract does not comply with the idealization Wael B. Hallaq. That is a fair test or something that past rate should be adjusted with the conditions at that time.
Second, see the phenomenon ushul fiqh as a science that tersistem comprehensive and structured in the new century to the 10-dimaknai should not separate from the previous century-the century. Ibn Surayj, al-Shayrafi, and al-Qaffal the first to write ushul fiqh, such as claims Hallaq, the disciple of al-Syafi'i. That could be very possible that the ideas and their thoughts, directly or not, affected by al-Syafi'i.
------>
First, there are disagreements about who the founder of fiqh ushul first. One opinion says that ushul fiqh and there have been growing since before al-Syafi'i, therefore, he only as one of a number of scholars who have a role in the development of fiqh ushul, not the founders.
But others say that the opinion of al-Syafi'i ushul is the founder of fiqh. This is because, although there have been previous ushul fiqh, but science as a systematic and coherent that meet the conditions of science, the new form of al-Syafi'i. Despite, of course, structure and systems in the discussion of the al-tract does not comply with the idealization Wael B. Hallaq. That is a fair test or something that past rate should be adjusted with the conditions at that time.
Second, see the phenomenon ushul fiqh as a science that tersistem comprehensive and structured in the new century to the 10-dimaknai should not separate from the previous century-the century. Ibn Surayj, al-Shayrafi, and al-Qaffal the first to write ushul fiqh, such as claims Hallaq, the disciple of al-Syafi'i. That could be very possible that the ideas and their thoughts, directly or not, affected by al-Syafi'i.
------>
- Imran Ahsan Khan Nyazee, Theories of Islamic Law, Pakistan: Islamic Research Institute and International Institute of Islamic Thought, 1945.
- John Burton, The Sources of Islamic Law: Islamic Theories of Abrogation, Edinburgh: Edinburgh University Press, 1990.
- Akh. Minhaji, “Reorientasi Kajian Ushul Fiqh” , al-Jami‘ah: Journal of Islamic Studies, no. 63/VI tahun 1999.
- Joseph Schacht, The Origin of Muhammadan Jurisprudence, Oxford: Oxford University Press, 1965.
- Wael B. Hallaq, “Was al-Shafi‘i the Master Architect of Islamic Jurisprudence?”, Law and Legal Theory in Classical and Medievel Islam, USA: Ashgate, 2000, hlm. 587-588.
- Mushthafa Ibrahim al-Zhalami, Dalalat al-Nushush wa Thuruq Istinbath al-Ahkam fi Dhaw’ Ushul al-Fiqh al-Islami, Baghdad: Mathba‘ah Asad, 1973.
- George Makdisi, “The Juridical Theology of Sufi: Origins and Significance of Ushul al-Fiqh”, Studia Islamica, 59, 1984.
- Muhammad Abu Zahrah, Ushul al-Fiqh, Kairo: Dar al-Fikr al-‘Arabi, 1987.
- Muhammad Hasyim Kamali, Principle of Islamic Jurisprudence: The Islamic Texts Society, Cambridge: Green Street, 1991.
0 komentar:
Post a Comment
Please fill your comment