To explain this order, word of ushul al fiqh should be split to be ushul and al fiqh. Ushul is a plural form of the word ashl, etymologically means: the origin of something, sensory or rationally. Scholars of ushul are familiar with the word 'ashl' for some meanings below:
1. Dalil
We take an example, statement: "The origin of this problem is consensus (ijma’)'' means "the evidence (dalil) of this problem is ijma". So, with this meaning ushul fiqh means: evidences of fiqh, as fiqh built on rational evidences.
2. Reference
We take an example, statement: "The origin of speech is the truth" means "the speech reference is back in fact, not a figure of speech". Statement "the origin of analogy (qiyas) is the Holy Quran" means "analogy refers to Holy Quran".
3. Rule
Statement "permissibility to eat the carcass for people who have to do it is an exception from the original" means "permissibility to eat the carcass for people who have to do it is an exception from the general rule." Statement "the origin of law from fa'il is rofa' " means (general rule that is happening is fa'il read rofa') or (fa'il should read rofa' is a rule of Nahwu).
4. The Origin of Law
Statement "The origin of law is free from liability" means "that is made for origin of law is free from liability, as long as there is no case that set a liability to him."
Etymologically, fiqh means "understanding or knowing". The meaning of understanding is not absolute knowing, but understanding in depth, detailed and contextual, it is shown with using word 'fiqh' in the Holy Qur'an, which is including the letter of Hud: 91, "They (people of Madyan) said: O Shuaib , we did not understand too much about what you said. "And the letter of An Nisa': 78," Then why the people (hypocrites) fail to understand the conversation anything?. "
According to the terminology of jurists, fiqh is: a discourse about the laws of sharia in action (amaliyah) determined based on specific dalil, or fiqh is the law itself.
Explanation:
Ahkam that is the plural form of hukm means "establishing things", either in the form of negative sentences or positive. For example: "sun rises" or "sun does not rise" and "that water is hot" or "that water is not hot".
However, the meaning of ahkam in science of ushul fiqh refers to rules relating to mukallaf’s act, namely wujub (mandatory), nadb (sunnah), hurumah (prohibition), karahah (makrooh), ibahah (possibility), shihhah (valid), fasad (broken) or buthlan (null).
Not necessarily covering all of laws of sharia to be termed as fiqh, but only some of them are pretty. People who know fiqh are called faqih, as long as he has ability to do istinbath.
Shariah: the laws should be nuanced sharia, which is taken from dalil of sharia (Al-Qur'an and hadith), directly or not. Thus, a law that is not nuanced sharia does not fall within the contemplated law of ushul fiqh such as (1) common law. For example: the whole thing is more than partial, one is half of two, the world is new. (2) sensory law, i.e. the law of sense. For example: fire is hot. (3) trial (experiment). For example: a poison can kill. (4) fundamental law. For example: kaana and occurring as kaana has a right to do rafa' for mubtada' and to do nashab for khobar.
Amaliyah: relates to mukallaf’s acts, namely prayer, buying and selling, crime and other matters related to worship and mu'amalah. Therefore, something that is not related to the act does not fall within the contemplated law of ushul fiqh (1) faith or belief. For example: faith in God and the Day of Judgment. (2) morals or ethics. For example: compultion of honest and prohibition of lies. The matters above are not discussed in ushul fiqh, but discussed in science of tauhid/theology and science of moral/ tashawuf.
Establishment (muktasabah): is set based on the specific dalil on investigation (an-nadhr) and taking dalil (istidlal).
In the light of the explanations above, then Allah’s knowledge of the law, Prophet’s knowledge and the believers should not be called as fiqh and the person can not be called as 'faqih'. The reason is that Allah’s knowledge of the law and dalil is inherently attached to His dzat. Prophet’s knowledge is acquired from revelation, not from establishment, and knowledge of the believers (mukallid) of the messenger is only gained from taklid (following), not finding or reasoning.
Specific Evidence (tafsil): is a particular dalil (juz'i) that addresses specific problems and has had its own nash. For example:
a) The Word of God: "... prohibited for you your mothers..." (An-Nisa ': 23). This verse is a specific dalil or particular dalil that addresses a specific problem, namely marrying mothers. It also has shown a specific law, namely marrying mothers is prohibited.
b) The Word of God: "... do not approach adultery, because adultery is an abomination and the worst way ..." (Al-Isra ': 32). This verse is a particular dalil (juz'i) with a specific issue, namely adultery. It is also a specific law, namely the prohibition of approaching adultery.
c) The Word of God: "Prepare against them all the strength you can afford to and from the horses tied to the fight ..." (Al-Anfal: 60) is particular dalil with specific problem, namely preparation all the strength possessed by the force. It is also specific law, namely the obligation to complete the strength of the force to destroy the enemy.
d) The word of the Prophet SAW: "Willful killing should be in qishash". It is a particular dalil with specific problem, namely willful killing. The law is also specific, i.e. qishash.
e) Ijma' (consensus) of jurists about the 1/6 portion derived by grandmother from inheritance. It is a particular dalil with specific problem, namely the portion of grandmother. The law is also specific, that is obligatory to give grandmother the 1/6 portion of the inheritance.
The examples above are intended to specific dalil (tafsili), the dalil to show a problem. This specific dalil is the object of jurists’ discussion as a way to find out the law that will arise from it by using the rules of triggering law and methods of taking dalil within the science of ushul fiqh. Scholars of ushul fiqh (ushuliyyun) did not address this specific dalil, but discuss general dalil (ijmal) or universal dalil to discover universal laws to put a rule that can be used by scholars of fiqh (jurist) in the end in order to apply specific or particular dalil aimed to discover the law of Sharia.
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