ZHANNĪ CONCEPT QATH'Ī-AL-SYĀTHIBĪ

Isaac, Abu al-Syāthibī (w. 790) appear to bring a new perspective in science discourse Ushul Fiqih. Monumentalnya through the paper, al-Muwāfaqāt fi Ushūl al-Ahkām, he mengelaborasi thorough Justify Fullconcept maqāshid al-Syari'ah, the essential purpose as the basis syari'at legal reasoning, both theoretical and practical. Underlie the entire concept of this theory Ushul Fiqih that he write. Main principles that he hold firm and try buktikan syari'at Islam that is essentially derived and applied by Allah swt. solely for kemaslahatan in the human world and the Hereafter. These principles indicate he repeated in various places in the book. Can be said, works setebal approximately 1035 pages (in four volumes) is more appropriately referred to as the book maqāshid al-Syari'ah than Ushul Fiqih book, which shows kapabilitasnya extraordinary about that concept. Although not the inventor, but the contribution to the construction of the concept of al-maqāshid Syari'ah determine. That is, he referred to as "Syaykh al-maqāshid (the al-maqāshid Begawan Syari'ah)".

One of the important contribution of al-Syāthibī of discourse Ushul Fiqih is a very big concern of the inductive method of reasoning which he called the term istiqrā '. According to him, the method of inductive reasoning authoritative, because it involves a large number of nash al-Qur'an al-Sunnah and analyzed in a collaborative toward a common conclusion. In the introductory book of al-Muwāfaqāt it, he has stressed that the studies to focus more than inductive reasoning with the analysis of a two-nash juz'ī particular. He states:

... معتمدا على الاستقراآت الكلية غير مقتصر على الأفراد الجزئية ...

... As to the reasoning, inductive reasoning, does not restrict itself only to the Evidence-Evidence of personal juz'ī ...

In his book, he so often use this method, as the basis epistemologis concept maqāshid al-Syari'ah the diuraikannya. According to him, the principle that Islam syari'at set by Allah swt. solely for kemaslahatan in the human world and the Hereafter have a foothold epistemologis indeed a very authoritative, ie, the conclusion of an inductive reasoning process of a comprehensive (istiqrā 'tāmm) variants of the text of the various aspects of Islam syari'at. Conclusions from the process of inductive reasoning is absolute (qath'ī) and does not justify a different understanding.

Contribution of the other al-Syāthibī the concept is quite important to consider the implications of keniscayaan (i'tibār al-ma'āl) of the policies and actions of men. According to him, through the process of inductive reasoning to a large number of nash, i'tibār conclude that the concept of al-ma'āl this very fundamental, especially in applied ranah effort (ijtihad tathbīqī). In addition to the qath'ī, he also became the foothold for paradigmatik some theoretical examination in law eksepsional (al-ahkām al-istitsnā'iyyah). Call any time, for example, first, sadd al-dzarī'ah, which is prohibited by the act is allowed (mubāh), in order to close the opportunity of a possible bad (dzarī'ah ila mafsadah) and, second, istihsān, namely the kemaslahatan a kasuistik ( mashlahah juz'iyyah) above a general postulat (Evidence kullī) in solving a particular case. If sadd al-dzarī'ah prohibit acts that are believed or suspected because of strong berimplikasi negative, then, vice versa, istihsān menoleransi act that is prohibited because of arguments or considerations kemaslahatan stronger. Movement back and forth between state and may not be entirely based on this i'tibār al-ma'āl.

Interesting contribution is to be inspected al-Syāthibī concepts qath'ī-zhannī in perspective the meaning of significance (dalālah) it, ie, a concept about pemilahan nash does that between the absolute and definitive-a-relatively speculative. For, first, the concept of qath'ī-zhannī very important not only in discourse Ushul Fiqih, but also in the religious discourse in general. In addition to a part of the way of approach to nash al-Qur'an and al-Sunnah, this concept also has a cargo teologis. Nash has a significance of meaning (dalālah) clear and definitive must consistently applied (mandatory'amal al-bih). Ignore or implement other provisions of the different behavior is a sinful action that is not justified in the religion.

What is experienced in the decade of the 1980s by Alm. Munawir Syadzali-Minister of Religious Affairs that time-is an example ilustratif so kokohnya about this concept in the Islamic legal discourse. At that time, her initial idea reaktualisasi Islamic law, particularly regarding the legal heir. According to him, if the distribution of 2:1 in some cases collide with the "taste" of justice, the distribution of 1:1 or even 1:2 is legitimate to do. Obviously, the idea is to trigger controversy. There is support, but far more menghujat. However, through the power of the Minister of Religion as strukturalnya that time, Munawir be "a little" winning the controversy. Reaktualisasinya successful diakomodir idea-even though the editorial staff in the fine-Compilation Islamic law in Indonesia (Khi) that dilegislasi in 1991. In the article 183 stated that "The heirs agreed to make peace in the division of inherited property, after knowing each part."

Second, the concept qath'ī-zhannī is one of the pillars in the construction of the concept maqashid al-al-Syari'ah Syāthibī overall. This can be evidenced by a statement specifically on the beginning of the book al-Muwāfaqāt that its theories are Ushul Fiqih sure qath'ī (definitive, absolute), because the footing on the general principles syari'at (kulliyyāt syar'iyyah 'āmmah) that is also qath'ī. Qath'ī called, because epistemologis, theories Ushul Fiqih and general principles of mendasarinya built on the results of a thorough inductive reasoning (istiqrā 'tāmm). If the results are qath'ī inductive reasoning, then certainly such a construction also conceptually built on top of it.

Third, the concept qath'ī-zhannī version of al-Syāthibī examined for the more interesting, considering the maqāshid Begawan al-Syari'ah not own them once in a discussion of the whole. New concept can be understood from the statements of al-Syāthibī scattered in various places and topics in the book al-¬ Muwāfaqāt it. If you have collected, dipilah-pilah and analyzed, then the whole construction and the concept of chronological qath'ī-al-zhannī akan Syāthibī can be defined. In addition, the position of al-Syāthibī before the draft qath'ī-conventional zhannī akan can precisely mapped. A study that is not easy, but very interesting and challenging

0 komentar:

Post a Comment

Please fill your comment