Sunday, September 9, 2012

Ushul Fiqh; in Terminology

Ushul fiqh, as a name of a science, is a science of the rules and general evidences used to trigger the law of fiqh in appropriate with its scope. 

The rule (qaidah) is public discourse that includes particular law (juz'i), particular law can be revealed by using this rule.

Rule "Al-Amr yufid al-wujub illa idza sharafathu qarinatuh 'an dzalik" (Amar (order) indicates mandatory, unless there is an indication that turns it away from compulsory). This rule includes all particular nash. As the verse: "O you who believe, fulfill your promises..." (Al Maidah: 1) and "Establish prayers, practice alms, and obey the Messenger ..." (An Nur: 59) all words in amar (order) are in the category of the rule above. With the words of amar, law of mandatory in these verses is known, such as keeping promises, prayers, practising alms, and obeying the Messenger. 

Example of rule: "Nahi (prohibition) shows illegal, unless there is an indication that is turning it away from the prohibition". This rule includes all words of nahi (prohibition), the law says to illegal in nash is known with this word. As the verse, "... and do not approach adultery ..." (Al-Isra ': 32) and the word of God, "O believers, do not take away a property among yourselves in wrong way. (An-Nisa ': 29), with this rule, we know that the law of adultery is illegal, and also taking away a property in wrong way. 

With an example of rule above, a mujtahid can trigger a law of fiqh, namely triggering a law of actions in sharia (amaliyah) that is determined based on specific dalil. When a mujtahid want to know the rule on prayer, he read the word of God, "Aqiimu ash-shalah" (establish the prayers). Because word (Aqiimu) is a form of amar (order), then the rule "amar indicates mandatory, unless there is another indication" is applied, from this application then it is known that the law of implementing prayer is obligatory. 

What is meant by the propositions of ijmal (general) are the great sources of Shariah law, such as Al-Qur'an, Sunnah, Ijma (consensus of jurists) and Qiyas (analogy). To know the propositions of ijmal means knowing the arguments and the positions itself in recruitment process of dalil, knowing what is shown by nash, meanings and conditions of ijma', kinds of Qiyas and the 'illat (indication), methods to find 'illat and others. 

Scholars of ushul discuss the propositions of ijmal that indicate (having dalalah) laws of Sharia. 

Scholars of fiqh discuss the juz'i proposition to trigger juz’i law with the help of rules of ushul and associate it with the propositions of ijmal.

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