In order ti placev Abduhs views in perspective, it will be necessary to descrive the views of the Islamic modernists, such as Muhammad Iqbal, Kemal A. Faruki, Fazlur Rahman and others. Share this knowledge with your friends :. Laksda Adisucipto, Papringan, Caturtunggal, Kec. Full text not available from this repository. Abstract bIntroduction The Al-Quran and the Sunna of the Prophet are the main source of Islamic jurisprudence, from and through which the Islamic laws are derived.
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Different types of Ahadith exist due to the method of transmission, number of reporters in each class, and the authenticity of the Hadith. These rulings are derived from certain sources. The sources which are used to extract rulings have to be based on Adilla Qataiya Decisive evidences.
As an example, to have Ijma as Sahabah Consensus of the Companions as a source to extract laws, the concept of Ijma as Sahabah must be based upon Qatai Daleel. Thus, even though not all the laws extracted from Ijma as Sahabah have to be Qatai, the concept itself must be.
These sources are agreed upon by the majority of the scholars. Quran Using Quran to extract rulings indicates adherence to the Message. There are many Ayah in the Quran which state that the Quran is a source of ruling, guidance and knowledge. We have sent down to you the book in truth, that you may rule between men, as guided by Allah, so be not used as an advocate by those who betray their trust.
Sunnah Sunnah is a legislative source along with the Quran, and the Quran cannot be understood without the application of Sunnah. Ijma Ijma is the verbal noun of the Arabic word Ajmaa, which has two meanings:.
There are many types of Ijma discussed in the books of Usul al Fiqh. Qiyas The linguistic meaning of Qiyas is measurement. As a juristic term Qiyas is the extension of a Shariah ruling from an original case to a new case because of the equivalence of the causes underlying them lila. There are specific guidelines and requirements for Qiyas explained in the books of Usul al Fiqh.
One such guideline is that there should be no existing ruling from the Quran, Sunnah, and Ijma as Sahabah for the new case. Some of the other requirements for Qiyas are that the original ruling has to be from Quran, Sunnah, and Ijma as Sahabah, not from another Qiyas. In addition, the texts of the Quran, Sunnah, and Ijma as Sahabah must contain the justification for the ruling.
We cannot use our Aql intellect to come up with a cause lila. As a juristic term, Istihsan is defined as shifting from one Qiyas to another Qiyas due to a reason or suspending a Qiyas for a reason.
A Mujtahid may take into consideration any of these options. Istihsan by Qiyas - switching from a ruling of Qiyas to an other ruling of Qiyas due to a stronger reason. Istihsan by necessity - shifting to another Qiyas due to necessity.
Istihsan by Ijma as Sahabah - canceling a ruling from Qiyas due to a contradiction caused by the Ijma as Sahabah. As a juristic term Maslaha Mursalah refers to accepting public interest in the absence of ruling regarding an issue from the Quran or Sunnah. Maslaha canceled by the text - Maslaha interest which is canceled due to a ruling from the text.
Maslaha approved by the Shariah - Benefit which the Shariah doesn't forbid. Adopting Maslaha benefit in an action for which there is no ruling from Quran and Sunnah. There is no debate amongst the Ulema on the first two types of Maslaha al Mursalah. But there is disagreement regarding the third type of Maslaha.
Some have accepted it within specific requirements while others have rejected it outright. Linguistically, it means striving or self exertion in any activity which entails a measure of hardship.
As a juristic term, Ijtihad means exhausting all of one's efforts in studying a problem thoroughly and seeking a solution for it from the sources of Shariah. A person who performs Ijtihad is a Mujtahid pl. The text of Quran and Sunnah which are Qatai conclusive in meaning provide only one understanding. Any Ijtihad on these types of text will render only one meaning. The texts related to issues such as Riba or murder are clear in their prohibition of these things. No Mujtahid can claim that Riba or murder is allowed because the text only offers one meaning.
Finally, he must have a comprehensive knowledge of the issue on which Ijtihad is being performed. To extract any ruling one has to understand the subject thoroughly. If the Mujtahid doesn't understand an issue, he is not allowed to do Ijtihad regardless of where he lives. To understand the issue, the Mujtahid can go to experts. For instance, there might be an issue in genetic engineering. To understand the process of genetic engineering, the Mujtahid can go to an expert in this field.
Therefore, these criteria are enough to qualify one to do Ijtihad, and it is incorrect to say that each issue requires the Mujtahid to reside in that environment. The Mujtahid can reside anywhere and do Ijtihad as long as he is familiar with the issue being dealt with. If the Mujtahid is not familiar with the issue, he is not allowed to do Ijtihad, even if the issue occurs in the same environment that the Mujtahid is residing in. The following are some of the reasons for the existence of Madhahib schools of Fiqh :.
Differences in the Legislative Sources A. Criteria in evaluating the Sunnah One Mujtahid may consider a certain Hadith authentic while others may not. This is due to their differences in the criteria for judging the authenticity of the Hadith.
Differences in the Sahabah's raa opinions as individuals. Some scholars accepted the opinion of one Sahabi as a legislative source, while others treated the Sahabah raa as Mujtahids whose individual opinions were not legally binding.
Differences in the practice of Qiyas. Some scholars practiced Qiyas while others practiced Istihsan. Differences in other legislative sources Some Scholars used Maslaha Mursalah while others did not.
This contributed to more differences among the scholars. Differences in interpreting the text itself A. Literalists Some scholars took the literal understanding of the text, meaning that they took the text at its surface value, refusing to take deeper understandings. Some of these scholars were called Zahiris, or those who took only the apparent meanings of the texts. Those who saw hidden meanings in the text In addition to the apparent meaning, some Scholars took deeper and implicit meanings in the texts.
Differences in Methodology of Usul-Fiqh There were differences in interpreting the forms and types of commands. For example, in the Hadith regarding the beard, there is a difference of opinion among the Scholars regarding whether the Hadith indicates Fard, Mandub, or Mubah commands. Differences in Understanding the Arabic Language This may be due to a different understanding of the Arabic text where it offers more than one meaning. The schools originated in different places and it had some impact on their decisions and methods.
In the early Islamic periods the Governors would appoint qadis to judge the subjects of their newly acquired territories. They had to base their decisions on the Qur'an and act according to what they knew to be the Sunnah sayings, teachings and practices of the Prophet Muhammad , but when none of these sources were available, they had to judge themselves, whatever seemed right to them personally.
This usually included considerations of what was customary in the area. Judgment based on own opinion became common practice of the early jurists, and a system of logic to support the decisions was being formed. There are different approaches to the methodology used in fiqh to derive sharia from the Islamic sources.
The main methodologies are:. The four schools or Mahdab of Sunni Islam are each named by students of the classical jurist who taught them. The Sunni schools and where they are commonly found are. These four schools share most of their rulings, but differ on the particular hadiths they accept as authentic and the weight they give to analogy or reason qiyas in deciding difficulties.
The Hanafi school was the earliest founded under the jurist Imam Abu Hanifa , whose real name was Nu'man ibn Thabit, was born in the city of Kufa modern day Iraq. The Hanafi school based its rulings largely on the results of logic deduction of its scholars. The Maliki school was founded under Imam Malik , whose real name was Abu Abdullah Malik bin Anas, in Madinah which reflects the origin in its decisions too.
The Maliki school ruled heavily in favour of the practice of the local community of Madinah, where the immediate descendants of the Prophet Muhammad's followers lived.
The Shafi'i school was founded under Imam Ash-Shafi'i who was the first one to systematise Islamic law. Originally, he studied both in Iraq and in Madinah, but disagreed with the methodology of those older schools, in favour of the Traditionists, but did not fully accept their ideas either.
In his tractate, the "Risala", balancing the two trends, he laid down the sources of Law, Usul al-Fiqh and his system had become the basis of Islamic jurisprudence that was subsequently used by all the schools. He fixed the four components in order of priority to be:. The Hanbali school was founded under Imam Ahmad Ibn Hanbal , who had followed Shafi'i school method with ever greater emphasis on the ahadith, avoiding reasoning as far as possible, but not completely denying it.
The difference between the schools is primarily in the. It is mixed with others. Imam Jafar also made great contributions to Fiqh and Hadith. The fatwas , or time and space bound rulings of early jurists, are taken rather more seriously in this school, due to the more hierarchical structure of Shi'ah Islam, which is ruled by the Imams.
But they are also more flexible, in that every jurist has considerable power to alter a decision according to his opinion. The Jafari school uses 'aql "intellect" instead of qiyas in the Sunni schools, when establishing Islamic laws. Since Islam introduced general concerning the subject of finance centuries ago, contemporary legislators are responsible for organising this area of human activity by interpreting those principles and finding practical applications for them in the modern context.
It is only in this manner that they will be able to establish the relevance of the guidelines set out in the Qur'an and the Sunnah. It was created at the decision of the second summit of the Organisation of the Islamic Conference OIC and inaugurated in February As a juristic term, Fiqh has two meanings: A. All the Islamic laws. This definition is synonymous to the term Shariah. The collection of principles related to Usul al Fiqh is many: A. Does the Shariah Apply on Non-Muslims?
Structure of a Daleel A Daleel is an evidence for an opinion, concept, ruling, or a thought from Islam. Ijma Ijma is the verbal noun of the Arabic word Ajmaa, which has two meanings: 1 to determine 2 to agree upon something.
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