To prove, Wael B. Hallaq reveal a number of historical facts as follows:
1. Ambiguous use of the term "ushul".
According Hallaq, the absence of a paper on medieval fiqh ushul to-9 is a bitter reality. That means that the methodology of Islamic law systematic, comprehensive, and appears on the new organic medieval to-10 and so on. As evidence, author book ushul fiqh which states that appear later in the century-9 that could not have been identified as ushul paper. Indeed, some legal experts such as al-Nazhzham, David al-Zhahiri, and 'Isa ibn Abban, but they do not have the paper in the field of fiqh ushul.
In addition, one should be careful when searching for literature on medieval fiqh ushul to-9, because the term "ushul" appeared to have a broad application of the meaning. Ibn al-Nadim says that Abu Yusuf and al-Syaibani has a paper called "ushul", but the load on both the law furu ', such as prayer and fasting. Al-Rabi 'ibn Sulayman forward a paper ushul al-Syafi'i through the book of al-Mabsuth, as described by Taj al-Din al-Subki, the material in it is still berkutat on issues furu'iyyah. Similarly some other scholars, such as Abu Yahya al-writing the book Food Ushul al-fiqh and Ibn Maryam al-Aswani is writing Jumal Al-Dallah al-Ushul 'ala al-Furu' fi al-fiqh, does not discuss the theory of law , but about khilafiyyah and doctrines madzhab priest.
2. Essay paper Al-al-Syafi'i rare and not get called in response to the centuries-9. Just after the 9th century, al-tract get attention from the public.
According Hallaq, there are three main leads, the one often cited, is associated with the development of legal theory in the 9th century, the works of al-Syafi'i particular. First, the statement suggests that Ibn Hanbal Ibn Rahawayh to learn al-tract. Unfortunately, the statement is contrary to the words of Ibn Hanbal own when asked by the students of al-Mawardi. He stated that in the teachings of al-tract doubts. Second, Abu 'Ali al-Za'farani, a disciple of al-Syafi'i, who said that he has read al-tract, is remarkable. Al-completed treatise when al-Syafi'i already in Egypt, and Abu 'Ali al-al-Za'farani follow Syafi'i while still teaching qaul qadim in Hijaz. Third, al-Muzanni statement "I have read al-tract for 50 years and every time I read always find new things" is very difficult to prove correct.
Very strange indeed, if a work of fiqh ushul parallel with the logic Arsitoteles, such as this is assumed, in one of the century which is very dynamic in the intellectual history of Islam are ignored by the board. But the reality proves that the absence of a response and comment on al-tract has been shown that the paper al-Syafi'i was marginal.
3. Al-tract as afirmasi al-Qur'an and Sunnah, not a synthesis between rationalism and tradisionalisme.
In the end, al-monograph offers a number of proposition as follows: (1) the law must come from the revelation of the text, (2) the revelation of the Sunna of the Prophet, (3) there is no contradiction between al-Sunnah and the Qur'an, (4) two sources complement each other in hermeneutis, (5) the law determined from the source qath'i be sure and not have to be slit, although the provisions of law through ijtihad qiyas and may be very controversial, and (6) and qiyas diligence procedures and instruments taken from the supporting text.
According Hallaq, the above proposition is only a rudimentary and uncertain. The substantive, al-tract does not offer much of a systematic method. Although the concept of ijtihad qiyas and best bid is from al-tract, it is still artificial and provide more explanation about how other lawyers can learn and take the concept.
Hallaq also said that the contribution of al-Syafi'i scholars as the mid is kegigihannya in mengafirmasi word of God and the Sunna of the Messenger of Islam's highest source of law. If the thesis is that the efforts of al-Syafi'i actually have been done by people before, then it means that achievement is not al-Syafi'i. It must be admitted that the al-Syafi'i was not sistesis between rationalism reluctant to accept the Sunna of the Prophet and who rejected the role tradisionalis intellect set in law.
Out after a number of historical data about the century-to-9 and to 10 to reject the existence of al-Syafi'i ushul as the founder of al-fiqh and the monograph as the first book of fiqh ushul, Wael B. Hallaq and some point concluded the following:
First, according to Hallaq, read the history book of al-al-Syafi'i tract must be linked with the emergence ushul fiqh as the science of structured and independent. As a methodology, ushul fiqh is a synthesis between reason and revelation. The first is a device for interpreting the second, so the law can be determined. Elements that are in ushul fiqh, in the form of epistemology, theory of language, ijma ', qiyas, diligence, taqlid, and so forth, terhubungkan systematically and if one does not have elements, then the imbalance will result in legal methodology. Therefore, ushul fiqh methodology as a law is greater than a number of supporting parts in it.
Some sources indicate that this methodology, with all the devices in it, not in the 9th century. This conclusion with other evidence that in the century it was the existence of al-tract is very marginal, there is no response and criticism terhadapnya. In the early 10 th century-lah, ushul fiqh and start developing simultaneously al-tract successfully invite some response, at least there are two works that reject.
Second, as al-tract articulation methodology al-Syafi'i law had increased the difference mementahkan business or first do the synthesis between the human intellect and capability mix revelation as a source of legal basis. Because Islamic law finally receive this synthesis, we have been "forced" to believe that al-Syafi'i is penggagas ushul fiqh. In fact, at that time was only just a little synthesis al-Syafi'i that appears. May have occurred simplifikasi thought that al-Syafi'i synthesis, which seeks to reconciliation between the citadel tradisionalis and rasionalis, adopted from the two streams.
The theory of al-Syafi'i is as if the existence of two has shed the citadel. Reality, the facts prove that the al-sistesis Syafi'i still be a minority view. Tradisionalis reject the theory qiyas and its group rasionalis reluctant to accept the thesis that al-Syafi'i wahyu is the main source of law and human thought as a source of the next. New at the end of the century-9, these two streams in the near and situlah appear sistesis between the two. With the emergence of this synthesis ushul fiqh start growing. When discipline is developed by al-Shayrafi, al-Qaffal, and the other, formulated the sistesis al-Syafi'i in previous centuries to become relevant. Al-Syafi'i became penggagas ushul fiqih.
Finally, Wael B. Hallaq formulate two important implications based on two conclusions. First, the success of al-Syafi'i should not be taken too far. He successfully offer sistesis between rationalism and tradisionalisme, but bids are not relevant until the next century. Ideally thanks is not given to the al-Syafi'i, but to Surayj Ibn, al-Shayrafi, and al-Qaffal who had a combination of going at the end of the 9th century and the early-10 th century. In other words, legal theory ala al-Syafi'i not the main points of law in Islam, but more middle of the stage between the simple idea that was built in the early 8th century, and after the peak of the idea he died. Second, the need is more emphasis to the importance of centuries-9 in the history of Islamic legal theory. This century, not less than the 8th century, has proven that Islamic law is a study that can develop in the future
1. Ambiguous use of the term "ushul".
According Hallaq, the absence of a paper on medieval fiqh ushul to-9 is a bitter reality. That means that the methodology of Islamic law systematic, comprehensive, and appears on the new organic medieval to-10 and so on. As evidence, author book ushul fiqh which states that appear later in the century-9 that could not have been identified as ushul paper. Indeed, some legal experts such as al-Nazhzham, David al-Zhahiri, and 'Isa ibn Abban, but they do not have the paper in the field of fiqh ushul.
In addition, one should be careful when searching for literature on medieval fiqh ushul to-9, because the term "ushul" appeared to have a broad application of the meaning. Ibn al-Nadim says that Abu Yusuf and al-Syaibani has a paper called "ushul", but the load on both the law furu ', such as prayer and fasting. Al-Rabi 'ibn Sulayman forward a paper ushul al-Syafi'i through the book of al-Mabsuth, as described by Taj al-Din al-Subki, the material in it is still berkutat on issues furu'iyyah. Similarly some other scholars, such as Abu Yahya al-writing the book Food Ushul al-fiqh and Ibn Maryam al-Aswani is writing Jumal Al-Dallah al-Ushul 'ala al-Furu' fi al-fiqh, does not discuss the theory of law , but about khilafiyyah and doctrines madzhab priest.
2. Essay paper Al-al-Syafi'i rare and not get called in response to the centuries-9. Just after the 9th century, al-tract get attention from the public.
According Hallaq, there are three main leads, the one often cited, is associated with the development of legal theory in the 9th century, the works of al-Syafi'i particular. First, the statement suggests that Ibn Hanbal Ibn Rahawayh to learn al-tract. Unfortunately, the statement is contrary to the words of Ibn Hanbal own when asked by the students of al-Mawardi. He stated that in the teachings of al-tract doubts. Second, Abu 'Ali al-Za'farani, a disciple of al-Syafi'i, who said that he has read al-tract, is remarkable. Al-completed treatise when al-Syafi'i already in Egypt, and Abu 'Ali al-al-Za'farani follow Syafi'i while still teaching qaul qadim in Hijaz. Third, al-Muzanni statement "I have read al-tract for 50 years and every time I read always find new things" is very difficult to prove correct.
Very strange indeed, if a work of fiqh ushul parallel with the logic Arsitoteles, such as this is assumed, in one of the century which is very dynamic in the intellectual history of Islam are ignored by the board. But the reality proves that the absence of a response and comment on al-tract has been shown that the paper al-Syafi'i was marginal.
3. Al-tract as afirmasi al-Qur'an and Sunnah, not a synthesis between rationalism and tradisionalisme.
In the end, al-monograph offers a number of proposition as follows: (1) the law must come from the revelation of the text, (2) the revelation of the Sunna of the Prophet, (3) there is no contradiction between al-Sunnah and the Qur'an, (4) two sources complement each other in hermeneutis, (5) the law determined from the source qath'i be sure and not have to be slit, although the provisions of law through ijtihad qiyas and may be very controversial, and (6) and qiyas diligence procedures and instruments taken from the supporting text.
According Hallaq, the above proposition is only a rudimentary and uncertain. The substantive, al-tract does not offer much of a systematic method. Although the concept of ijtihad qiyas and best bid is from al-tract, it is still artificial and provide more explanation about how other lawyers can learn and take the concept.
Hallaq also said that the contribution of al-Syafi'i scholars as the mid is kegigihannya in mengafirmasi word of God and the Sunna of the Messenger of Islam's highest source of law. If the thesis is that the efforts of al-Syafi'i actually have been done by people before, then it means that achievement is not al-Syafi'i. It must be admitted that the al-Syafi'i was not sistesis between rationalism reluctant to accept the Sunna of the Prophet and who rejected the role tradisionalis intellect set in law.
Out after a number of historical data about the century-to-9 and to 10 to reject the existence of al-Syafi'i ushul as the founder of al-fiqh and the monograph as the first book of fiqh ushul, Wael B. Hallaq and some point concluded the following:
First, according to Hallaq, read the history book of al-al-Syafi'i tract must be linked with the emergence ushul fiqh as the science of structured and independent. As a methodology, ushul fiqh is a synthesis between reason and revelation. The first is a device for interpreting the second, so the law can be determined. Elements that are in ushul fiqh, in the form of epistemology, theory of language, ijma ', qiyas, diligence, taqlid, and so forth, terhubungkan systematically and if one does not have elements, then the imbalance will result in legal methodology. Therefore, ushul fiqh methodology as a law is greater than a number of supporting parts in it.
Some sources indicate that this methodology, with all the devices in it, not in the 9th century. This conclusion with other evidence that in the century it was the existence of al-tract is very marginal, there is no response and criticism terhadapnya. In the early 10 th century-lah, ushul fiqh and start developing simultaneously al-tract successfully invite some response, at least there are two works that reject.
Second, as al-tract articulation methodology al-Syafi'i law had increased the difference mementahkan business or first do the synthesis between the human intellect and capability mix revelation as a source of legal basis. Because Islamic law finally receive this synthesis, we have been "forced" to believe that al-Syafi'i is penggagas ushul fiqh. In fact, at that time was only just a little synthesis al-Syafi'i that appears. May have occurred simplifikasi thought that al-Syafi'i synthesis, which seeks to reconciliation between the citadel tradisionalis and rasionalis, adopted from the two streams.
The theory of al-Syafi'i is as if the existence of two has shed the citadel. Reality, the facts prove that the al-sistesis Syafi'i still be a minority view. Tradisionalis reject the theory qiyas and its group rasionalis reluctant to accept the thesis that al-Syafi'i wahyu is the main source of law and human thought as a source of the next. New at the end of the century-9, these two streams in the near and situlah appear sistesis between the two. With the emergence of this synthesis ushul fiqh start growing. When discipline is developed by al-Shayrafi, al-Qaffal, and the other, formulated the sistesis al-Syafi'i in previous centuries to become relevant. Al-Syafi'i became penggagas ushul fiqih.
Finally, Wael B. Hallaq formulate two important implications based on two conclusions. First, the success of al-Syafi'i should not be taken too far. He successfully offer sistesis between rationalism and tradisionalisme, but bids are not relevant until the next century. Ideally thanks is not given to the al-Syafi'i, but to Surayj Ibn, al-Shayrafi, and al-Qaffal who had a combination of going at the end of the 9th century and the early-10 th century. In other words, legal theory ala al-Syafi'i not the main points of law in Islam, but more middle of the stage between the simple idea that was built in the early 8th century, and after the peak of the idea he died. Second, the need is more emphasis to the importance of centuries-9 in the history of Islamic legal theory. This century, not less than the 8th century, has proven that Islamic law is a study that can develop in the future
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