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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

Now there is this tendency to view Islam as a whole with the show features local Islam. Kajin such Marshal Hodgson tried to combine the perjalan struggle with the Islamic culture and civilization of a local show satisfactory results.

Book The Venture of Islam, not only produce a map of Islamic diversity, but also a challenge for observers to translate the meaning of Islam is diversity. On the other hand, the book is leaving a lot of homework for all of us how to develop the understanding and study of Islam at the local level to see the richness and diversity of local Islam.

Ira M. Lapidus also emphasized in his works to see that diversity. He divides the period of Islam to some period in which he used as the period saw the development of the paradigm of Islam. He acknowledged that embraces the fact that Islam consists of many layers reflect a cultural curiosity (curious) to investigate further.

A clear, says Lapidus, behind all the diversity of Islam in Muslim areas function as a cultural unifier. But more important than that is how we describe a rangkain akan full knowledge of the existence of the local Islamic.

For V.S. Naipaul as he stunned witness-sharer sharer Islam Islam to translate the vision-vision in the regional. Book, Among the believers menujukkan a trip to see the diversity of Islam. It is not only important as a social portrait, but it is also important as an early foothold to look to the future of Islam.

Presumably studies on religion and culture can be directed in different frameworks. First we can apply in an effort to explore the concepts of how the local religion and culture interact.

Second, the study can be concentrated to mempetakan Islam in a local map of universal Islam. Third, the local discourse or local konwledge struggle that grows out of religion and culture can be used as additional new discourse of globalization. Study of local Islamic pengkayaan can be used as human discourse.

The above descriptions show that the understanding of religion will not be complete without understanding the human reality that is reflected in the culture. Important position in the human-Islam as described in the process of creation that is a blast from ruhnya God ruh-an indication that the men occupying important positions in the know about God. Thus, understanding religion as a whole will not be achieved without understanding the religious half of the man.

Maybe not to mention that excessive human reality is that empirical reality divine. This is where the importance of location in the anthropological study of Islam. As a science that specializes learn human-empirical reality which is a religion-it is also an anthropological study, half of the religion itself.

Islamic Law (Islamic Law) is the holy commands of Allah SWT that regulates all aspects of the life of every Muslim, and includes materials, legal materials and the pure material spiritual religious. Through the history of empirical research, mentions Joseph Schacht Islamic Law as a summary of Islamic thought, manifestation of Islamic way of life which is very typical, and even as the core of Islam itself.

In the early Islamic period, the period of Islam in Makkah, Islam began with the law remains the law practices that have been there in the community. But then, as presented by Muhammad Hamidullah, in stages, based on revelation (al-Qur'an) and the Sunna of the Prophet Muhammad saw, the legal system has become the habit in the community Jahiliyyah is fixed, dirombak and even replaced entirely with the Islamic legal system in different period of time about twenty-three years.

As a consequence of a transformation (change) social, berposisi Islamic law as the law of different legal and reorganize Jahiliyyah. In history, the Prophet Muhammad saw and the early embraces Islam really make attitudes towards contra Jahiliyyah legal system in the behavior and their behavior, so hard to get the reciprocal of the founder leaders of the legal system Jahiliyyah. And even then, the approach of Muhammad saw as the beginning of the Islamic groups that are 'marginalized' in the social stratification in order to bring the teachings of Islam in society, also the important points in these consequences.

This paper set out an understanding of Islamic law that are involved with human history-in this context with Jahiliyyah-law, is a cultural phenomenon and can be examined with the approach to science and culture metodologisnya devices. With the advantages and kekurangannya, the study of social change in Islamic law by the law Jahiliyyah appear as a background, which is the discussion in this paper, an effort is able to draw away from the attitude called Richard C. Martin as fideistic scientific objectivism and subjectivism. More importantly, the photographs keberpihakan the Islamic nation against mustadl'afin become sebuh penyadaran the critical importance of the social changes by Islamic law in the community.