Ushul fiqh is the science which is very important in the Islamic law of adaptive and responsive to contemporary problems, because it is the knowledge that contains the collection of methods, foundations, approaches, and theories used in understanding the teachings of Islam. This makes it occupies a central position in Islamic studies, so often referred to as the queen of Islamic sciences.
Substantially and the theoretical, ushul fiqh have since the fiqh, fiqh as appears impossible without the resources and methods of use. This means that the embryo of (embryo) ushul fiqh have much time before the priest madzhab. However, ushul fiqh as a science of the coherent and systematic, in general, recognized the new show at the priest madzhab, especially al-Syafi'i with his al-tract. Joseph Schacht has shown that "success" of al-Syafi'i in developing the law, not only came from al-Qur'an taken for granted, but it also comes on the Sunna of the Prophet.
Findings Joseph Schacht, who gave high appreciation to the al-Syafi'i as the founder of the theory of law that are useful during the mid-period and modern, have to deliver the Islamisis simply believe that al-Syafi'i is father of the founder of Muslim Jurisprudence and legal theory Islam, which is called fiqh ushul. Treatise al-Kitab al-Syafi'i paper is considered as a model, both for lawyers and experts who write about theology ushul fiqh. Although the theory of law has been developed and modified in the period after, it still recognized as the achievements of al-Syafi'i. Even a diktum says that "al-fiqh Syafi'i ushul is as Aristoteles logic is" still valid to this day.
This is, by Wael B. Hallaq, who became part of the Muslims during this. There is not enough evidence for the existence of al-fiqh ushul Syafi'i standard methodology flow of Sunni law.
In fact, there is no reason to test the 9th century, the chronological, as the era dominated by the influence of al-Syafi'iyyah really excited to keep the integrity of the teachings of al-Syafi'i. Indeed there is some thought that the law is different from the mainstream, such as Zhahiriyah, one by one, but thought it lost from the surface and then become very marginal. Thus, the continuity between theory and al-Syafi'i ushul fiqih classic looks very natural growing, particularly in the case related to the perception of al-Syafi'i, not only as a "master architect" Islamic law, but also as a legal expert has brought legal thought "liberal" in the 8th century on the subject under revelation.
Assumption of continuity ushul fiqih and the al-Syafi'i meniscayakan that this is the need for more in-depth study of the sources of history. In fact, historical evidence on the early and mid-period does not only differ with this assumption, but it looks contrary. At this ranah, Hallaq any posts that prove we do not have a strong reason to believe that there is continuity, that the contribution of al-al-tract Syafi'i and legal theory in the century-9 is very small, and that the image of al-Syafi 'i as the founder of Creative ushul fiqih is later.
Substantially and the theoretical, ushul fiqh have since the fiqh, fiqh as appears impossible without the resources and methods of use. This means that the embryo of (embryo) ushul fiqh have much time before the priest madzhab. However, ushul fiqh as a science of the coherent and systematic, in general, recognized the new show at the priest madzhab, especially al-Syafi'i with his al-tract. Joseph Schacht has shown that "success" of al-Syafi'i in developing the law, not only came from al-Qur'an taken for granted, but it also comes on the Sunna of the Prophet.
Findings Joseph Schacht, who gave high appreciation to the al-Syafi'i as the founder of the theory of law that are useful during the mid-period and modern, have to deliver the Islamisis simply believe that al-Syafi'i is father of the founder of Muslim Jurisprudence and legal theory Islam, which is called fiqh ushul. Treatise al-Kitab al-Syafi'i paper is considered as a model, both for lawyers and experts who write about theology ushul fiqh. Although the theory of law has been developed and modified in the period after, it still recognized as the achievements of al-Syafi'i. Even a diktum says that "al-fiqh Syafi'i ushul is as Aristoteles logic is" still valid to this day.
This is, by Wael B. Hallaq, who became part of the Muslims during this. There is not enough evidence for the existence of al-fiqh ushul Syafi'i standard methodology flow of Sunni law.
In fact, there is no reason to test the 9th century, the chronological, as the era dominated by the influence of al-Syafi'iyyah really excited to keep the integrity of the teachings of al-Syafi'i. Indeed there is some thought that the law is different from the mainstream, such as Zhahiriyah, one by one, but thought it lost from the surface and then become very marginal. Thus, the continuity between theory and al-Syafi'i ushul fiqih classic looks very natural growing, particularly in the case related to the perception of al-Syafi'i, not only as a "master architect" Islamic law, but also as a legal expert has brought legal thought "liberal" in the 8th century on the subject under revelation.
Assumption of continuity ushul fiqih and the al-Syafi'i meniscayakan that this is the need for more in-depth study of the sources of history. In fact, historical evidence on the early and mid-period does not only differ with this assumption, but it looks contrary. At this ranah, Hallaq any posts that prove we do not have a strong reason to believe that there is continuity, that the contribution of al-al-tract Syafi'i and legal theory in the century-9 is very small, and that the image of al-Syafi 'i as the founder of Creative ushul fiqih is later.
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