Lu'luil Maknun articel's

A guards Islamic thinker front from Maroko, Dr. is Abid Al Jabiri's Muhammad, calling Islamic civilization as fikih's civilization( Takwîn Al ‘ Akl Al ‘ Arabi , thing. 96). This statement of course is not sheer figment. At least if is sighted of three following things; first , fikih really close to Islam people. Can be ensured at any given Islamic people house is gotten what does its name fikih's book. fikih's book looking on to dish suguhan saji's ready.

Both of , fikih becomes life guidance. In each about problem aught, Islamic people does ever utilize fikih's perspective. Third , fikih constitutes one of keislaman's knowledge inheritance most rich. Available such a degree hundred, or even thousands, fikih's book. As it were also available so much ulama fikih. Even, each city has fikih its own. Madinah, Bashrah, kufah, Baghdad, Andalusia, Egypt and another one well known as city fikih on its term.

fikih's flows upon can be simplified as two categories. Which is flow tekstualis and rasionalis's flow. tekstualis's flow gets to center at Madinah or Hijaz by features Malik's Priest, Syafi's priest ’ i. and Ahmad Bin Hanbal's Priest as figure of front guards. Meanwhile rasionalis's flow gets to center at Bashrah and other Iraq cities in a general way with feature Hanifah's Ash Priest as figure of main.

tekstualis's streaming major power is text. Well text in mean al-quran, Hadis, or talk even Prophet best friend. It can be understood, remembering Madinah's city, tekstualis's streaming center, constitute “ text palace ”. At this Prophet city, partly sentence al-quran is downed. And at this city too, talk, conduct, and kick up dashes against Prophet in common recorded with very clear. Most even more with many its best friends which gets residence at city most clean both of that Mekkah's afters. Best friends such as ribbon which record “ kick up dashes against ” al-quran and Hadis at this city with perfect enough.

There is flow even rasionalis makes mind as major power them. This flow gets center at Iraq and metropolises over there in a general way. Of intelectual facet, Iraq really don't defeat from Madinah and city is known any other that time. But of keislaman's text facet, Its nothing iraq than that Prophet city. Madinah “ gets to bath ” text, meanwhile Iraq “ dry ” of text. Madinah spangled with best friends, meanwhile Iraq just is visitted a portion Prophet best friend little. That even at latter term, which is at Utsman's power term (drd power in Islamic) while is beliau void caliph policy both of (Umar bin Khattab) one that forbidden Prophet best friend in order not to comes out from Madinah's city.

While keislaman's texts circumscribed, a variety kind about problem continually piles at Iraq. That problem one will don't understand Iraq condition that “ text crisis ”. From here then, ulama Iraq utilizes to try a fall mind / rationalization that doesn't succumb its excitement than text. Even, in some cases, rasionalis's flow make mind as buffer of aught text to get pure text and “ unclouded ”. That its cause, hadis rans down( dhaif ) and a sort it is not overdose at Iraq.

Its question is, where is effloresce fikih position at Indonesia of two flow outgrows upon? As it were is tolerated, Indonesian moslem majority follow Syafi's Priest sect ’ i.. It is meant, fikih that first recognised by this nation is fikih tekstualis. Why is fikih tekstualis? Since fikih tekstualis so recognised by a lot of ulama Indonesian. Beside also because sources non Syafi ’ i. rare being accessed at Indonesia.

Thus, condition of Indonesia, more or less equal to Iraq condition on Islamic early days. Both same text lack; Texts lacking iraq keislaman, Texts lacking Indonesia non Syafi ’ i.. Both even same posed according to condition their it; Iraq chooses rasional's band, in consequence constitute aught main potency. Meanwhile Indonesia chooses Syafi's sect ’ i., since really sect text this is that a lot of spread at country. Therefore, as honest as it, fikih that effloresce at country all this time, not fikih Indonesia sect. But fikih Hijaz, fikih Madinah, or fikih is Syafi's Priest ’ i..

For Islamic history early dayses at Indonesian, it mugkin can be understood. Since its condition doesn't enable to get one more. Its question then, how with present era? Whereabouts era it so openended, and gives access band to on what, who and wherever. Can all this aught potency formulates fikih Indonesia sect?

According to economical I, fikih is Indonesia sect have become urgent compulsion. Besides since reason sosio kultural, also because historical reason. As it were was worded above, fikih always corresponds to condition and character each region. Fikih is Indonesia sect can be formulated by mereformulasi islamic law basics. Reformulasi this momentous for “ tames ” kearaban fikih.

In its book gets title Nahwa Fiqhin Jadid (making for fikih new) unmitigated renovator in world fikih, Gamal Albanna works through complete reformulasi's problem this islamic law basic. Terminologicaling it, islamic law basics is minds, universal points al-quran, sunnah and custom / wont. It constitutes reformulasi of formulated islamic law basic expert fikih in advance, which is al-quran, Hadis, Ijma ’ and Allusion.

Islamic law basic as above as give portion that greatly divides local benefit (including Indonesia) with all culture and religion diversity in it. With mind, fikih is Indonesia can be led for always gets party to benefit kabangsaan and humanitarianism. Meanwhile universal point al-quran can make point basis with by all nation child. Although different religion. Since al-quran as appreciative as will never go against innocent book teaching other religion. All clean book takes in to assess goodness, benefit and having a purpose same too, which is kerahmatan global.

On this phase, fikih is Indonesia sect really need instruction from sunnah as it were chastened Mohammed. With sunnah we can understand, how Prophet make dogma to benefit nationality and humanitarianism. With sunnah, we can understand how meracik's Prophet God's manual until not in opposition to aught tradition. And with sunnah too, we can understand the importance for nurse and keep up wont or local tradition. Therefore, are not excessive if custom local or tradition be made basal islamic law in fikih Indonesia sect.

Of four basic sentence upon, we that merilis can some problem nation as study of main in fikih Indonesia sect. First , problem is nationality. About problem this really emergency and crowding out. If don't, Indonesia as nation only nonexistent name meaning. What is mean one nation, if between its citizen is still mutually suspect, mutually slander, even mutually menafikan. Well since reason culture, sect, or even flow. Fikih is Indonesia sect shall work through complete and solves problem this.

Both of , problem keumatan. All religion aims as to establish and look after people benefit. With makes problem keumatan as study of main, fikih is reality Indonesia sect it has made her as fikih that exposed for all religion which admitted by its existence at Indonesia. Fikih is Indonesia sect wants to render indonesian nation aspiration as one people. Until no more terminology, people problem this given, given tribe or even particular religion. One about problem at negri this, matter about problem all nation child. Since we one people, which is Indonesia people. Third , problem is diversity. Shall be admitted, diversity is still kerapkali becomes serious problem for its nation. Well culture diversity, language, flow, or even religion. We can't yet make diversity as spirit for mutually understands and each other fill. Eventually, diversity constitutes life certainty. Even, diversity have become main pillar for this straightening nation. Opposing diversity at this country, averse matter thyself. And, doing violence because diversity, matter racks and wounding thyself.

At here urgency fikih we, fikih is Indonesia sect. With fikih Indonesia sect, let to solve nation problem bank. Are no use din fikih “ others ”. Evenless until ignoring “ fikih we ”. Adequately fikih we to troubleshoot us

One Islamic thinker vanguard of Morocco, Dr. Muhammad Al-Jabiri pious, calling the Islamic civilization as Jurisprudence (Takwîn Al-'Akl al-'Arabi, pp. 96). This statement is not mere fabrication. When reviewed at least three of the following, first, very close to the Jurisprudence of Islam. Be in every house there are Muslims what the book of Jurisprudence. Book of Jurisprudence deemed ready to serve food treat.

Second, the guidelines become a Jurisprudence of life. In each of the problems there, people always use the perspective of Islamic Jurisprudence. Third, the Flesh is one of the richest Islamic heritage science. There are the hundreds or even thousands, the book of Jurisprudence. As there are so many scholars Jurisprudence. In fact, each city has its own fikihnya. Medina, Bashrah, Kufah, Baghdad, Andalusia, Egypt and other famous cities of Jurisprudence at the time.

Fish-stream flow above can be simplified into two categories. Namely tekstualis flow and flow rasionalis. Flow tekstualis based in Medina, or display the Hijaz with Imam Malik, Imam Syafi'i and Imam Ahmad bin Hanbal figures as the vanguard. While the flow of rasionalis at Bashrah and cities in Iraq, others generally show the Imam Abu Hanifah as the main figure.

Strength of the main flow of the text is tekstualis. Both the text in the sense of al-Quran, Hadith, or the words of the Prophet. This can be understood, considering the city of Medina, the center flow tekstualis, is a "palace of text." In this city of the Prophet, some verses of al-Quran was revealed. And in this town also, word, deed, kick and lunge of the Prophet recorded in general with very clear. Especially with the many friends who lived in the city of Mecca tersuci second after that. The friend of a tape recording of "kick lunge" al-Quran and Hadith in the city with enough perfect.

The flow rasionalis the intellect as their main strength. Flow is in Iraq and the big cities there in general. From the intelektualitas, Iraq is not defeated and the city of Medina, another famous city at that time. However, in terms of Islamic texts, Iraq, there is apanya than the city of the Prophet. Medina "wallow" a text, while Iraq "wasted" from the text. Medina scattered its friends, Iraq, while only visited a small part of the Prophet. That was in the later period, namely in the power Utsman (third ruler in Islam) when he menganulir policy second caliph (Umar bin Al-Khattab), which prohibits the Companions of the Prophet not to leave the city of Medina.

While the Islamic texts is limited, various problems continue to pile up in Iraq. The issues that seemingly do not understand the Iraq situation "a crisis of text." From here then, the Iraqi scholars to use the strength of intellect / rationalization of not less terrible than the text. In fact, in some cases, the flow of the intellect as rasionalis filter texts that have to get the pure text, and "clear". Therefore, weak Hadith (dhaif) and the like not too many in Iraq.

The question is, where the situation developing in Jurisprudence India's two major streams in the top? As dimaklumi, the majority of Indonesian Muslims to follow Imam Syafi'i sect. That means, Jurisprudence, known by the first of this nation is tekstualis Jurisprudence. Jurisprudence tekstualis Why? Because tekstualis Jurisprudence is known by many scholars of Indonesia. Also because in addition to the sources of non-Syafi'i rarely accessible in Indonesia.

Thus, the condition of Indonesia, more or less the same as the condition of Iraq during the beginning of Islam. Both were equally short of the text; Iraq, lack of Islamic texts, lack of Indonesian non-text Syafi'i. Both are equally disposed in accordance with the conditions of each; Iraq choose rational path, because it is the main potential. Meanwhile, Indonesia sect Syafi'i choose, because the text is what many sects in the country. Therefore, honest, Jurisprudence developing land in the water for this, is not a sect Jurisprudence Indonesia. Instead Jurisprudence Hijaz, Medina Jurisprudence, or Jurisprudence Imam Syafi'i.

For the early-period of Islamic history in Indonesia, this matter can be understood mugkin. Because the condition is not possible to get more. The question then, how about the current era? Where eranya very open, and provide access to what, who and wherever. Mampukah all have the potential of this sect formulate Jurisprudence Indonesia?

According to the sparing me, Jurisprudence sect Indonesia has become the urgent imperative. In addition to socio-cultural reasons, also because of historical reasons. As described above, the Jurisprudence always with the condition and character of each area. Jurisprudence Indonesia sect mereformulasi be formulated with the basics of Islamic law. Reformulasi is very important to "tame" kearaban Jurisprudence.

In his title Nahwa Fiqhin Jadid (the new Jurisprudence) sincere reformer in the world of Jurisprudence, Gamal Albanna thoroughly discuss issues reformulasi this basic law of Islam. According to him, the basics of Islamic law is preposterous, universal values of al-Quran, Sunna and the tradition / habit. This is a reformulasi basis of Islamic law experts who formulated Jurisprudence previously, the al-Quran, Hadith, Ijma 'and Kias.

Basic Islamic law such as the above provide a very large portion of local kemaslahatan (including Indonesia) with all the diversity of culture and religion in it. With intellect, Indonesia can be directed Fish to always stand up for humanity and maslahat kabangsaan. While the universal values of al-Quran can be used as reference values shared by all children of the nation. Although the different religions. Because the al-Quran as the value will never contradict the teachings of other religious holy book. All holy books to bring good value, kemaslahatan and have the same goal, namely kerahmatan global.

At this stage, Jurisprudence sect is a referral from the Sunna of the Prophet Muhammad as taught. With the Sunna we can understand, how the religious teachings of the Prophet maslahat to nationality and humanity. The Sunna, we can understand how the divine guidance of the Prophet meracik to not conflict with the existing tradition. And also with the Sunna, we can understand the importance of caring for and conserving practices or local custom. Therefore, there is not excessive when the local customs or traditions serve as the legal basis in Islamic Jurisprudence sect Indonesia.

Of the four basic laws above, we can release some of the nation as a discussion of the problem in the Jurisprudence major sects Indonesia. First, the problem of nationality. The problem is very urgent and emergency. If not, Indonesia as a nation is just a name that empty of meaning. Apalah meaning countryman, when between citizens still mutual distrust, mutual hujat, even each other menafikan. Whether because of culture, sect, or even flow. Jurisprudence sect Indonesia should thoroughly discuss and complete this problem.

Second, the problem keumatan. All religions aim to create and maintain kemaslahatan people. With the discussion of the problem as the main keumatan, Jurisprudence sect fact Indonesia has made himself as the Jurisprudence open to all religions recognized existence in Indonesia. Jurisprudence sect Indonesia would realize ideals of Indonesia as one nation. Until no longer term, this problem of a certain tribe or even a particular religion. One problem in this nation, the problems all the children of the nation. Because we are one nation, the people of Indonesia. Third, the diversity problem. Must be recognized, diversity kerapkali still be serious problems for this nation. Both the diversity of culture, language, flow, or even religion. We have not been able to make the diversity of the spirit for mutual understanding and co-exist. In fact, diversity is keniscayaan life. In fact, diversity has become the main pillars of this nation for tegaknya. The diversity in this country, means the self. And, because of the diversity of violence, the hurt and harm themselves.

Here is our urgency Jurisprudence, Jurisprudence sect Indonesia. Jurisprudence sect with Indonesia, let's finish the stack of the nation. Nothing meributkan Jurisprudence "other people". Moreover, to ignore the "Jurisprudence us." Jurisprudence is sufficient for us to finish the problem we

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.