Papers on Islamic Fiqh

Papers on Islamic Fiqh - On this occasion I will argue about the science of jurisprudence, perhaps in previous posts already in the review a little about what the definition of Fiqh it.

Islamic jurisprudence, Fiqh, jurisprudence, legal jurisprudence, fiqh women, the sense of jurisprudence, fiqh books, books of fiqh, rpp Jurisprudence, Jurisprudence paper.

The importance of studying the science of jurisprudence, it is because as a basic foundation for the worship of Allah 'azza wajalla, if you do not understand the science of jurisprudence vain worship.

This paper contains information about Understanding Fiqh, jurisprudence history or more specifically address the application of fiqh in everyday life. This paper is expected to provide information to us about the Islamic Fiqh.

Papers Fiqh

CHAPTER I
INTRODUCTION


 Understanding Fiqh

     According to the language schools of Fiqh Means or tofu. According to the terms, fiqh means the science which explains the laws of Personality 'pertaining to human deeds obtained from the arguments of dali tafsil (obviously). Guy who studied fiqh called faqih. Jama'nya are jurists, namely the people who studied fiqh.

Fiqh according to language means 'understand', as in the word of God:

"So why the people (hypocrites) barely understand speech at all?" (QS.An Nisa: 78)

And the word of the Prophet sallallaahu 'alaihi wa sallam:
"Verily, the prayer and the short length of one sermon, a sign will kepahamannya."
(Muslim no. 1437, Ahmad no. 17,598, Daarimi no. 1511)

In the book Durr al-Mukhtar noted that the jurisprudence has two meanings, ie, according to the expert suggestions and jurist. Each has its own understanding and their own base of understanding of fiqh.

    According to the proposal, Fiqh is the science that explains the laws of shara 'which is far'iyah (branch), resulting from the arguments tafsil (specific, detailed and clear). Strictly speaking, the experts suggested interpreting fiqh is fiqh is to know the law and know their argument.

     According to Islamic jurists (Fuqaha), fiqh is to know the laws of shara 'that characterize the actions of the servants (mukallaf), namely: obligatory, sunnah, haram, makruh and permissible.

    Further, the preacher Ahmad Hasan said that Islamic jurisprudence is a set of laws is shara 'which has been recorded from various schools that four or more schools and dinukilkan of fatwas and tabi'in companions, both of which seven jurists in Medina and jurists Mecca, jurists sham, jurists Egyptian, Iraqi jurists, jurists and others basrah



CHAPTER II
DISCUSSION



1. Provisions - Provisions in Fiqh



In studying fiqh, it has laid down common standards to serve as guidelines for the Muslims, namely:

Prohibit discussing events that have not happened until it occurs.
As the Word of God, the Exalted:

"O ye who believe! Do not you ask all cases, because if explained to you, you're going to be disappointed! But if it asks you when the decline of the Qur'an certainly you will be given an explanation. Your mistake has been forgiven by God and God is forgiving, merciful. " (Q. S. Al-Maidah: 101)

And there is a hadith that the Prophet. has banned questioned "Aqhluthath" the issues that is yet to happen.

a. Steer clear of a lot of questions and complicated problems.

In a hadith saying:

"Verily, Allah hates a lot of debate, a lot of questions, and a waste of money."
"Verily Allah has made obligatory upon some obligation so do not be wasted, and has outlined the law, then do not dilampui, mengaharamkan some restrictions then do dlannggar, and silence some cases not forget to be a blessing for you, then do not resurrected risen!"

"The greatest sin is the person who asked the first thing is not forbidden, then it is forbidden to cause the question."

b. Avoid conflicts and divisions within the religion.

As the words of Allah Ta'ala as follows:

"Be ye hold fast to the rope of Allah and do not be broken to pieces!" (Q. S. Ali Imran: 103).

"Do not be arguing with each other and do not fight, then you failed and lost influence!" (Q. S. Al-Anfal 46).
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"And do not just like the people who berpecah cross-sectioned and disputes in order after they receive particulars!, And for them it provided tremendous chastisement." (Q. S. Ali Imran 105)

c. Restoring the disputed issues to the Book and the Sunnah.

    Based on the words of Allah:
"So if you quarrel about anything the case, go back to Allah and the Messenger." (Q. S. An-Nisa 9). "And nothing that you can not agree on something then the law of God." (Q. S. Ash-Shura: 10).
It was thus that, because of religious matters have been explained by the Quran, as Allah SWT says:
"And we sent down the Qur'an scripture to explain everything." (Surat an-Nahl: 89).
So also in sura: Al-An `am 38, An-Nahl 44 and An-Nisa 105, Allah has explained the universality of the Qur'an to the problems of life.

Thus completed the teachings of Islam and there is no more reason to turn to the other kind. Allah says:

"This day have I perfected for you your religion, I have my gift favors both ends meet and have my ridhoi Islam as your religion." (Q. S. Al Maidah: 5).


2. Fiqh and Shariah relationship


Once described in the terminology of fiqh understanding mutakhirin then popular now, it can be concluded that the relationship between Fiqh and Shariah are:

That there is a match between Fiqh and Shariah in one hand, but each one has a wider coverage than any other in the other hand, this kind of relationship in science mantiq called 'umumun khususun min wajhin "which is identical to the jurisprudence of Sharia the results of ijtihad mujtahid is correct.

While on the other hand Fiqh wider, because the discussion includes the results of ijtihad, the mujtahid is wrong, while more comprehensive Shari'ah, Fiqh because not only includes laws relating to amaliah worship, but also aqeedah, morals and story- the story of the previous race.


1. Relationship Between Fiqh and Islamic Aqeedah
        Among the privileges of Islamic jurisprudence-that we say as shari'ah laws that govern the actions and words mukallaf-have a strong attachment to the belief in God and the pillars of the Islamic Aqeedah Aqidah lain.Terutama related to faith by the end of the day. That is because such a belief in God was the one who could make a Muslim cling with religious laws, and controlled to implement it as a form of obedience and willingness.

 Meanwhile, people who do not believe in God do not feel bound by prayer and fasting and not pay attention to whether his actions including the lawful or unlawful. So sticking with the laws of shari'ah is nothing but a part of the faith in the One who lowers and mensyari'atkannya against His servants.
For example: God commanded purification and making it as one must in keiman to God as his word:
"O ye who believe, if you want to pray, then wash your faces and your hands up to the elbows, and sweep up your head and (wash) your feet up to the ankles." (Surat al-Maidah: 6)
  
2. Islamic Fiqh-Wide Human Conduct
No doubt that encompasses all aspects of human life. And happiness is to be achieved by humans require him to pay attention to all these aspects in a way that is programmed and organized.

When Islamic jurisprudence is the expression of God's laws syari'atkan to His servants, in order to protect all of their benefit and to prevent damage in their midst, then comes the aspect of Islamic jurisprudence and regulate the whole human needs as well as its laws .

Kind of - kind of Fiqh Laws In Daily Life - Day:
The laws relating to the worship of God. Such as ablution, prayer, fasting, pilgrimage and others. And this is called the Fiqh of Worship.

The laws relating to family issues. Such as marriage, talaq, lineage, dairy, income, inheritance and others. And this is called the Fiqh Al ahwal As sakhsiyah.
The laws relating to human actions and relationships between them, such as buying and selling, warranty, lease, courts and others. And this is called Fiqh Mu'amalah.

The laws relating to the obligations of the leader (head of state). Such uphold justice, eradicate tyranny and apply the laws of shari'ah, as well as with regard to the obligations of the people led. Like
obligation to obey the terms of which are not ma'siat, and others. And this is called the Fiqh Siasah Syar'iah.

The laws relating to the punishment of the perpetrators of the crime, and the maintenance of security and order. Such penalty against murderers, thieves, drunkards, and others. And is referred to as Fiqh al 'Ukubat.
The laws that regulate foreign relations with other Islamic countries. Related to the discussion of war or peace, and others. And this is called the Fiqh As Siyar.
The laws relating to morality and behavior, both good and bad. And this is called the manners and morals.
Thus we find that Islamic jurisprudence with its laws covers all human needs and pay attention to all aspects of personal and community life.


3. Sources of Islamic Fiqh
             All the laws contained in Islamic jurisprudence back to the four sources namely:
        
1. The Qur'an

                   Kalamullah the Qur'an is revealed to the Prophet Muhammad to
        save mankind from darkness to light bright. He is the source of
        first for the laws of Islamic jurisprudence. If we encounter a problem, then the first time
        we must go back to the Book of Allah in order to seek legal.
             Example:
· When we asked about khamer legal (alcohol), gambling, glorification of rocks and raffle fate, then if we refer to the Qur'an we will have to get it in the word of Allah Subhanahu wa Ta'ala: (Surah Al Maidah: 90)
· When we asked about the problem of buying and selling and usury, then we get this law in the Book of Allah (Surat al-Baqara: 275). And there are many other examples that are not possible to specify one by one.

2. As-Sunnah

Sunnah is all sourced from the Prophet in the form of words, actions or approvals.

          Examples of word / words of the Prophet:
"Denouncing a fellow Muslim is wickedness and kill him is kufr." (Bukhari
no. 46, 48, Muslim no. 64, 97, Tirmidhi no. 1906.2558, Nasa'i no. 4036, 4037, Ibn Majah no. 68, Ahmad no. 3465, 3708)
           Examples of actions:
What is narrated by Bukhari (Bukhari no. 635, also narrated by Tirmidhi no.
3413, and Ahmad no. 23093, 23800, 34 528) that 'A'isha was once asked: "What is the usual
conducted Prophet in his house? "Aisha replied:" He helped his family; then when it came time to pray, he came out to perform the prayer. "

         Examples of approval:
What is narrated by Abu Dawood (Hadith no. 1267) that the Prophet never seen someone
pray two rak'ahs after dawn prayer, the Prophet said to him: "The dawn prayers two
cycles ", the man replied," I actually have not prayed two rak circumcision
before dawn, then I do now. "Then the Prophet shollallahu'alaihiwasallam silent.

Then silence means he approves disyari'atkannya the dawn prayer Qabliah Circumcision
after morning prayers to those who have fulfilled.

· As-Sunnah is the second source after the Qur'an. If we do not get a permasalahn law of the Qur'an then we refer to as-Sunnah and shall practice it if we get these laws. On condition, actually originated from the Prophet shollallahu'alaihiwasallam with valid sanad.
· Sunnah Qur'an serve as explanatory of what is global and general. Like a prayer command; then how tatacaranya as found in the Sunnah. Therefore, the Prophet said:
: "Pray you as you see me pray." (Bukhari no. 595)
As well as the Sunnah establish partial laws that are not described in the Qur'an. Such as the prohibition of wearing gold rings and silk fabrics for men

3. Ijma '

Ijma 'means: the entire agreement of the mujtahid scholars of Muhammad's people a generation above a Sharai law, and if it is agreed that scholars-both on friends or next-generation will be a shari'ah law then their agreement is ijma' , and work with what has become an ijma 'is obligatory. And the arguments that will be reported as the Prophet, that the people will not converge (agree) in error, and what has been agreed is right (correct).
      Rodiallahu'anhu of Abu Basrah that the Prophet shollallahu'alaihiwasallam said:
"Verily Allah does not make my ummah or nation of Muhammad gathered (besepakat) above error." (Tirmidhi no. 2093, Ahmad 6/396)
Examples: Ijma of the Companions ra that grandparents get part 1/6 of the estate with boys if there is no father.
Ijma 'is the third reference source. If we do not get in the Qur'an and Sunnah as well, so for things like this we see, whether it has been disepakatai by Muslim scholars, if so, then we are obliged to take it and work with it.

 4. Analogy

Matching qiyas is not found in the case law it Sharai with other cases that have texts that sehukum with it, because the equation because / reason between the two. In this qiyas we meruju 'if we do not get the texts in a law of a problem, either in the Qur'an, Sunnah and ijma'. Analogy is a fourth reference source after the Qur'an, Sunnah and Ijma as'.

Example: God forbid khamer with the arguments of the Qur'an, pengharamannya rhyme or reason is because he is intoxicating, and eliminate consciousness. If we find other intoxicating beverages with different names besides khamer, then we menghukuminya with unclean, \ as a result of khamer Qiyas. Because the cause or reason khamer prohibition is "intoxicating" contained in the drink, so that it becomes unlawful as well as khamer.



CHAPTER III
CONCLUSION

According to the language schools of Fiqh Means or tofu. According to the terms, fiqh means the science which explains the laws of Personality 'pertaining to human deeds obtained from the arguments of dali tafsil (obviously). Guy who studied fiqh called faqih. Jama'nya are jurists, namely the people who studied fiqh.

Provisions - Provisions in Fiqh

a. Steer clear of a lot of questions and complicated problems.
b. Avoid conflicts and divisions within the religion.
c. Restoring the disputed issues to the Book and the Sunnah


Sources of Islamic Fiqh

The Qur'an
As-Sunnah
Ijma '
Analogy

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