>>> FOREWORD
Praise be to Allah SWT, because with His grace, taufik and guidance, so the Task of Introduction Paper of Fiqh Our title with the title "The Development of Fiqh In The Tabi'in Period and the Imams of Madzhab" can be completed on time.
We finish this paper as soon as possible to fulfill the tasks that are given and we try our best to be a paper that can be used as a guide for the future for the readers of this paper with this paper which is expected to help to be one example Makala- so on.
But limitations and shortcomings still exist in our tasks so we ask for suggestions and criticism from listeners and readers for the perfection of our next paper, especially Introduction to Fiqh.
On this occasion we would also like to thank the lecturers of Introduction to Fiqh Studies, Mr. Abdul Hakim, M.Hi, and all the relatives who have given us much insight and knowledge especially in this task.
Finally with humility we hope that this task can be useful, and become a part of righteous deeds in the presence of Allah SWT. Amin amin yarobbal alamin.
Praise be to Allah SWT, because with His grace, taufik and guidance, so the Task of Introduction Paper of Fiqh Our title with the title "The Development of Fiqh In The Tabi'in Period and the Imams of Madzhab" can be completed on time.
We finish this paper as soon as possible to fulfill the tasks that are given and we try our best to be a paper that can be used as a guide for the future for the readers of this paper with this paper which is expected to help to be one example Makala- so on.
But limitations and shortcomings still exist in our tasks so we ask for suggestions and criticism from listeners and readers for the perfection of our next paper, especially Introduction to Fiqh.
On this occasion we would also like to thank the lecturers of Introduction to Fiqh Studies, Mr. Abdul Hakim, M.Hi, and all the relatives who have given us much insight and knowledge especially in this task.
Finally with humility we hope that this task can be useful, and become a part of righteous deeds in the presence of Allah SWT. Amin amin yarobbal alamin.
>>> TABLE OF CONTENTS
PREFACE
CHAPTER I
INTRODUCTION
Background
Problem Formulation
Goal
CHAPTER II
DISCUSSION
A. FIQIH DEVELOPMENT IN TABIIN PERIOD
Characteristics of Ahlu Ra'yi Madrasah (Persons With Mind)
Characteristics of Madrasah Ahli Hadits
B. FIQIH RESOURCES IN TABIAN PERIOD
C. SOURCES - LEGAL RESOURCES
D. BIRTH OF MADZHAB - MADZHAB
1. Hanifi Imam (80-150 H)
2. Imam Maliki (93-179 H)
3. Imam Syafi'i (150-204 H)
4. Imam Hanbali (164-241 H)
Method mutakallimin
Fuqaha Method
CHAPTER III
CONCLUSION
PREFACE
CHAPTER I
INTRODUCTION
Background
Problem Formulation
Goal
CHAPTER II
DISCUSSION
A. FIQIH DEVELOPMENT IN TABIIN PERIOD
Characteristics of Ahlu Ra'yi Madrasah (Persons With Mind)
Characteristics of Madrasah Ahli Hadits
B. FIQIH RESOURCES IN TABIAN PERIOD
C. SOURCES - LEGAL RESOURCES
D. BIRTH OF MADZHAB - MADZHAB
1. Hanifi Imam (80-150 H)
2. Imam Maliki (93-179 H)
3. Imam Syafi'i (150-204 H)
4. Imam Hanbali (164-241 H)
Method mutakallimin
Fuqaha Method
CHAPTER III
CONCLUSION
>>>CHAPTER I PRELIMINARY
Background
Background
The science of jurisprudence is one of the most important disciplines in the life of the Islamic ummah. Fiqh is a science that emerged in the early days of Islam. Essentially, fiqh already existed at the time of the Prophet (s), though not yet a scholarly discipline. Because All religious issues that arose at that time, immediately asked to the Prophet SAW. So immediately the solution of the problem can be remedied, based on the Qur'an as al revelation al matlu and sunnah as alwahyughoiru matlu. Only after the Prophet SAW, the science of fiqh began to emerge, along with the emergence of problems that arise and require a law through jalan istimbat.Generasi successor Prophet Muhammad SAW not only stop at masakhulafa'urrosyidin, but still passed by the tabi'in and ulama 'sholihin up to our present day. The development of the science of jurisprudence, we can qualify periodically in accordance with the agreement of the scholars. There are four, among them: First is the period of emergence and pembentuakn the basics of Islam, this perode includes the time of Nani SAW and can also be referred to as the descendent of al qur'an or revelation. The second is the period of development and refinement, in this period covers the period of companions and tabi'in to the middle of the fourth qurun hijriyah. The third is the period of taqlid and old-fashioned, in this period ranged from the middle of the fourth century to the third century belashijriyah. The fourth is the time of awakening, this period ranging from the thirteenth century to the present.
Formulation of the problem
• How is the history of fiqih development in the tabi'in period?
• What is the development of jurisprudence in the time of the priests of the madhhab?
Aim
• History of the development of fiqh in the period of tabi'in.
• The development of jurisprudence during the priesthood - the madhhab priest
• How is the history of fiqih development in the tabi'in period?
• What is the development of jurisprudence in the time of the priests of the madhhab?
Aim
• History of the development of fiqh in the period of tabi'in.
• The development of jurisprudence during the priesthood - the madhhab priest
>>> CHAPTER II DISCUSSION
A. FIQIH DEVELOPMENT IN TABIIN PERIOD
A. FIQIH DEVELOPMENT IN TABIIN PERIOD
From time to time fiqih always experience the development as well as in the era of sighar companion and tabiin which is the third period in the history of the development of fiqh that is after the period of prophethood and period of companions. Before discussed more deeply about the development of fiqh in the period of tabiin, will be explained in advance about the meaning of tabiin. According to Hermi (2008) tabiin is: the person who met the companions of the Prophet Muhammad SAW in the circumstances he believed in the Prophet Muhammad even though he did not see him and he died on the Islamic. This generation of tabiins is also a disciple of friends who learn a lot about Islam. In this period of tabiin the fuqaha is divided into two major groups of Ahlu ra'yi and ahlul hadith. The ahlu ra'yi group is domiciled in Iraq and this group tends to conclude a law based on rationality, while the ahl al hadith group is domiciled in the Hijaz region and this group strongly rejects the new tendency of the ahlu ra'yi group because it believes that religion is a divine provision that is not can be rationalized.
In contrast to the Iraqi fuqaha who enjoys a law, searches for andill the moral goals behind the visible law, the Hijaz fuqaha actually understands the texts very literally (dhahir) and considers the fatwa of friends as well as sources after the Qur'an and Sunnah (Sirry, 1996). The birth of two big groups is influenced by several factors both from cultural factors and structural factors. From the cultural, domicile or residential factors that are so much different that the Hijaz and Iraqi fuqaha have their own inclinations to conclude a law. Iraq is a country far away from the earth of prophethood and much influenced by other cultures and civilizations from outside Iraq, especially the influence of thinking thought of the western nation. Fuqaha area is often faced with various problems and problems of life are very diverse. To overcome these problems it is difficult for them to ask the solution of the problem to the tabiins who immediately learn from the companions because the location of Iraq is far from Makkah or Medina. This makes the Iraqi fuqaha forced to wear ijtihad and ratio.
This situation is different from the fuqaha in Hijaz, the location of Hijaz which is not far from Medina and which at that time is the warehouse of Islamic science makes the Hijaz fuqaha easier to learn directly to the scholars of Medina and they also do not need to berijtihad because there are already fatwa-fatwa sahabat who can overcome the problems they face. In addition, the people of this region are still surrounded by the atmosphere of simple life, like the circumstances of the time of the Prophet SAW. To overcome various problems in these conditions the jurists feel quite simply by relying on a literal understanding of the Qur'an, Sunnah and Ijma 'Companions. That's why they do not feel the need to be of a jihad like an Iraqi fuqaha.
While the structural factors that influence the differences of tendency between Hijaz and Iraqi fuqaha fuqaha among them is the influence of methodology of companions. Fuqaha Madinah like Abdullah bin 'Amr bin Ash and Zubair Abdullah bin Umar who refused to use rationality in concluding a law and looked at the texts literally. This affects the tabiin who studied him. Fuqaha Madinah tends to defend what is written in the texts dhahiriyah without doing further interpretation except in forced circumstances. Once told by Sirry (1996) that a time Salim bin Abdullah bin Umar was asked about a problem but he did not answer it and silence him because he feared wrong in determining the law. This reflects that the Medina and Hijaz fuqaha prefer to silence the problem rather than conclude a law based on their own opinion.
This is different from that of the Iraqi fuqaha who was influenced by Umar ibn Khattab's thought that tended to be rational. So when Ibn Mas'ud taught Islam to his disciples he also inherited the tendency of his thinking. Among the disciples of Ibn Mas'ud who are very appreciative of his thoughts are 'Alqamah, Ibn Masyruq and Shuraih. And from one of his disciples' Alqamah, rationality thought began to be passed on to the next generation and finally came to Ibrahin An-Nakh'ie (the teacher of Abu Hanifa) famous as the founder of the ra'yi faculty. Apart from the methodological factors of the companions, the theological developments that occurred in Iraq also influenced differences in fuqaha thinking such as the presence of khawarij and Shiite groups in the Iraqi region. The emergence of counterfeits in the narrations of hadith also requires the Iraqi fuqaha to make strict selection of acceptance of hadith. While in Hijaz without conducting the transmission of the hadith transmissions they have received fatwas from the Companions so they do not need to do ijtihad.
While the structural factors that influence the differences of tendency between Hijaz and Iraqi fuqaha fuqaha among them is the influence of methodology of companions. Fuqaha Madinah like Abdullah bin 'Amr bin Ash and Zubair Abdullah bin Umar who refused to use rationality in concluding a law and looked at the texts literally. This affects the tabiin who studied him. Fuqaha Madinah tends to defend what is written in the texts dhahiriyah without doing further interpretation except in forced circumstances. Once told by Sirry (1996) that a time Salim bin Abdullah bin Umar was asked about a problem but he did not answer it and silence him because he feared wrong in determining the law. This reflects that the Medina and Hijaz fuqaha prefer to silence the problem rather than conclude a law based on their own opinion.
This is different from that of the Iraqi fuqaha who was influenced by Umar ibn Khattab's thought that tended to be rational. So when Ibn Mas'ud taught Islam to his disciples he also inherited the tendency of his thinking. Among the disciples of Ibn Mas'ud who are very appreciative of his thoughts are 'Alqamah, Ibn Masyruq and Shuraih. And from one of his disciples' Alqamah, rationality thought began to be passed on to the next generation and finally came to Ibrahin An-Nakh'ie (the teacher of Abu Hanifa) famous as the founder of the ra'yi faculty. Apart from the methodological factors of the companions, the theological developments that occurred in Iraq also influenced differences in fuqaha thinking such as the presence of khawarij and Shiite groups in the Iraqi region. The emergence of counterfeits in the narrations of hadith also requires the Iraqi fuqaha to make strict selection of acceptance of hadith. While in Hijaz without conducting the transmission of the hadith transmissions they have received fatwas from the Companions so they do not need to do ijtihad.
According to Sirry (1996) the most interesting thing about the Iraqi fuqaha is that they have the privilege of predicting an event that has not yet emerged and set the law.
In addition to the characteristics of the ahlu ra'yi and ahlul ahits that have been described above Qhattan (2011) also put forward other traits:
Characteristics of Ahlu Ra'yi Madrasah (Persons With Mind)
- Too much detailing the problem furu'kenena too often confronted with reality, therefore they sometimes questioned the problem that has not happened, most of them say: bagamaina if for example like this? What if like this? What if like this? Then they make the law of things that have not happened tersebut.lalu ask again: what if then like this again.Then they constantly bifurcated the problem furu ', without seeing it possible or not, to the point that ulama'hadits call them al araaitiyyun, Said bin musayyad said to rabi'a when he had a problem: are you an iraq? Asad bin al farad had come to malik bin anas, asad also told me: the people around malik when it was asking a lot of malik about the problem, I asked Also, after my question was answered, people told me to ask again, what if the problem was like this, I also asked again, he also postponed the answer one day, then he said in the next day, he is salih silah binti salih silah, if you want please to iraq.
- Narrated the hadiths as well as sorting the hadith with some requirements, they are not incessant in narrating hadith, like Umar bin Khattab and Ibn Mas'ud, they also rarely narrated directly from the Messenger of Allah as if they are reluctant to narrate from the Messenger of Allah not reluctant to narrate from their own reason.
The characteristics of the Hadith School of Madrasah
- They do not question and force the problem because the law is based on reality not based on things that are still suspicion. Nash agam has shown the law not to seek illat-illat in law or legal relationship with illatnya.
- Many narrated hadith and stopped to atsar only. Scholarship according to them covers 3 fields namely Al-Qur'an, Hadith and Atsar. Their attention focuses on the origin of narratives and the foundations of fiqh.
B. FIQIH RESOURCES IN TABIIN PERIOD
The sources of jurisprudence of this period are the same as the period of khulafaur rashidin, namely the Qur'an, sunnah and ijtihad. It's just that in this period there arose efforts to collect and write the hadith. As explained earlier that during the time of the discovery of the existence of the falsification of the transmission of hadith, it is most likely that this is the basis of the collection and transmission of hadith. In addition to the basic factor was the collection and writing of the hadith is also influenced by other factors, such as the urgency of the situation for the fuqaha who began to face problems and new problems that require them to immediately solve that of course based on the Sunnah or hadith of the Prophet. In addition began to loss of concern for the emergence of excessive attention to the writing of the Sunnah so forget the writing of revelation as experienced by the Prophet at the time of the Qur'an was revealed.
C. SOURCES - LEGAL RESOURCES
In this period there are two kinds of suber law, namely: mashodir muttafaq 'alaiha and mashodir mukhtalaf' alaiha.
There are four sources of law that jumhur muslimin agreed upon, namely: al qur'an, sunnah, ijma 'and qiyas. While the sources of law that mukhtalaf namely: Istihsan, mashlahah mursalah, istishab, saddu Dzaro'i ',' the charity of Medina, qoul sohabiy, 'urf and the last is syar' man qoblana.
At this time the whole manner of berijtihad that we know has been used even though the scholars of each region have their own colors in berijtihad. For example: Abu Hanifa and his disciples in Iraq other than the Qur'an, Sunnah and Ijma, emphasize the use of qiyas and istihsan. Imam Malik in Hijaz besides the Qur'an, Sunnah and Ijma, emphasizes the use of al-maslahah al-mursalah.
There are four sources of law that jumhur muslimin agreed upon, namely: al qur'an, sunnah, ijma 'and qiyas. While the sources of law that mukhtalaf namely: Istihsan, mashlahah mursalah, istishab, saddu Dzaro'i ',' the charity of Medina, qoul sohabiy, 'urf and the last is syar' man qoblana.
At this time the whole manner of berijtihad that we know has been used even though the scholars of each region have their own colors in berijtihad. For example: Abu Hanifa and his disciples in Iraq other than the Qur'an, Sunnah and Ijma, emphasize the use of qiyas and istihsan. Imam Malik in Hijaz besides the Qur'an, Sunnah and Ijma, emphasizes the use of al-maslahah al-mursalah.
D. BIRTH OF MADZHAB - MADZHAB
In this period was born madzhab-madzhab Islam with the characteristics and orientation of each. Each madhhab has many followers who teach their opinions and apply their manhajnya as follows:
- Hanifi Imam (80-150 H)
His full name is Imam Abu Hanifa Nu'man bin Thabit bin Sutha bin Mahmuli Taymillah bin Tsa'labah, born in 80 AD in the city of Kufa during the reign of the Umayyad dynasty. He is more popularly called Abu Hanifah. His grandfather was a Persian believer. Hanifa in the Iraqi language means ink. This is because he wrote and gave many fatwas.
Method Ijtihad Imam Abu Hanifa: Al-Qur'an Hadith from the history of belief, Shabat's Fatwa, Qiyas, Istihsan (out of general qiyas because there is a stronger reason).
Method Ijtihad Imam Abu Hanifa: Al-Qur'an Hadith from the history of belief, Shabat's Fatwa, Qiyas, Istihsan (out of general qiyas because there is a stronger reason).
- Imam Maliki (93-179 H)
His full name is Malik bin Anas bin Malik bin Abi Amir bin Amir al-Asbahi al Madani. He was born in Medina in 93 H. Since he was young he has memorized the Qur'an and has seen his interest in the science of religion.
The Ijtihad Method Imam Malik ibn Anas: The Qur'an, the Hadith (including the hadith dhaif which was practiced by the people of Medina), Ijma ', Atsar which was practiced by the people of Medina, Qiyas, Mashlahah Mursalah (out of Qiyas common for reasons of seeking maslahat), Sya' u man qoblanaa.
The Ijtihad Method Imam Malik ibn Anas: The Qur'an, the Hadith (including the hadith dhaif which was practiced by the people of Medina), Ijma ', Atsar which was practiced by the people of Medina, Qiyas, Mashlahah Mursalah (out of Qiyas common for reasons of seeking maslahat), Sya' u man qoblanaa.
- Imam Syafi'i (150-204 H)
He is Abu Abd Allah Muhammad bin Idris bin Al-Abbas ibn Uthman ibn Shafi'i Al-Hashimi Al-Mutholabi bin Abdi Manaf. A young Quraish who nasabnya meet with nasab Rasulullah on Abdu Manaf, grandfather fourth generation above Rasulullah. He was born in Ghaza, Palestine (another history born in Asqalan, border with Egypt) in 150 H, the same year as the death of Imam Abu Hanifa. She was born in an orphan state, cared for and raised by her mother in a state of deprivation (poor).
Method Ijtihad Imam Syafi'i: Al-Qur'an, Hadith, Ijma ', Qiyas, Istidlal.
Method Ijtihad Imam Syafi'i: Al-Qur'an, Hadith, Ijma ', Qiyas, Istidlal.
- Imam Hanbali (164-241 H)
He is Abu Abdillah Ahmad bin Hanbal bin Hilal bin Asad Asy-Syaibani Al-Marwazi Al-Baghdadi. Born in the city of Baghdad in the year 164 H. His father died when he was a child and then raised and cared for by his mother. The city of Baghdad was then the capital of the Caliphate of Bani Abbas and was the storehouse of scholars and scientists. Imam Ahmad bin Hanbal studied many scholars in his hometown.
Method Ijtihad Imam Ahmad bin Hanbal: Nash (Al-Qur'an & Hadith), Fatwa Sahabat, Their opinions are closer to the Qur'an and Sunna, Hadits Mursal / Dhaif, and Qiyas.
Previously it should be emphasized that every school of fiqh has ushul fiqh. Only, their writing methods are different. Method of writing ushul fiqh that exist, among others:
The mutakallimin method
This method of writing ushul fiqh uses a logical approach (mantiqy), theoretical (furudl nadzariyyah) in formulating rules, without relating it to furu '. Their goal is to get a rule that has strong justification. The usul rule generated by this method has a tendency to regulate furu '(hakimah), stronger in tahqiq al masail and tamhish al khilafat. This method is far from ta'asshub, because it gives istidlal aqly a very large portion in the formulation. This can be seen in Imam al Haramain which is sometimes opposed to other ulma.
Embraced among others by; Shafi'iyyah, Malikiyyah, Hanabilah and Shias.
Method Ijtihad Imam Ahmad bin Hanbal: Nash (Al-Qur'an & Hadith), Fatwa Sahabat, Their opinions are closer to the Qur'an and Sunna, Hadits Mursal / Dhaif, and Qiyas.
Previously it should be emphasized that every school of fiqh has ushul fiqh. Only, their writing methods are different. Method of writing ushul fiqh that exist, among others:
The mutakallimin method
This method of writing ushul fiqh uses a logical approach (mantiqy), theoretical (furudl nadzariyyah) in formulating rules, without relating it to furu '. Their goal is to get a rule that has strong justification. The usul rule generated by this method has a tendency to regulate furu '(hakimah), stronger in tahqiq al masail and tamhish al khilafat. This method is far from ta'asshub, because it gives istidlal aqly a very large portion in the formulation. This can be seen in Imam al Haramain which is sometimes opposed to other ulma.
Embraced among others by; Shafi'iyyah, Malikiyyah, Hanabilah and Shias.
Fuqaha Method
It is not argued that Abu Hanifa has a ushul rule which he uses in istinbath. This is seen from his manhaj; take the ijma 'shahabat, if there is a difference choosing one and not out of the existing opinion, he did not assess the opinion of tabiin as hujjah. However, having not abandoned the precepts in written form, his followers gathered masail / furu 'fiqhiyyah, grouped the furu' which had similarity and summed up the ushul rule from him. This method adopted Hanafiyyah school. Often also understood as takhrij al ushul min al furu '. This method is the opposite of the mutakallimin method.
It is not argued that Abu Hanifa has a ushul rule which he uses in istinbath. This is seen from his manhaj; take the ijma 'shahabat, if there is a difference choosing one and not out of the existing opinion, he did not assess the opinion of tabiin as hujjah. However, having not abandoned the precepts in written form, his followers gathered masail / furu 'fiqhiyyah, grouped the furu' which had similarity and summed up the ushul rule from him. This method adopted Hanafiyyah school. Often also understood as takhrij al ushul min al furu '. This method is the opposite of the mutakallimin method.
>>> CHAPTER III CONCLUSION
The development of fiqh very rapidly especially at the time after the death of Rasulullah SAW. And in the time of the Tabiin there were two very influential groups namely Ahlu Ro'yi (fuqaha in Iraq) and Ahlul Hadith (Fuqaha in Hijaz). Fuqaha in Iraq tends to involve rationally when it concludes the law of a matter and it is very different from that of the Hijaz who tends to assume that the question of religion is a divine provision that can not be rationalized. This happens because influenced by several factors both cultural and structural. This difference in trends leads to differences in the way scholars of the ulama in Iraq and the Hijaz are allowed.
When the four priests come, they follow the tradition of the generation that before them, only some of them are closer to the Sunna, such as; of the Hijaz (Ahl Hadith) who are mostly supporters of the hadith's perowi, while some are closer to the ratio or thought (Ahl Ra'y), such as; the Iraqi people who are not much encountered among them the hadith memorizers because of the distance of their place from the place of revelation.
The priests have devoted all their abilities to introducing this religion and guiding people to it, and they forbid people to commit themselves or follow blindly without knowing theorem or reason.
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