THE CONCEPT OF AL-SYAIBAoS AL-TAAoARUU WA AL-TARJ:
Scientific Faith and Methodology Solution to Legal IstinbA Farkhani Faculty of Syari'ah of IAIN Salatiga Jalan Lingkar Salatiga.
Pulutan.
Sidorejo.
Kota Salatiga.
Jawa Tengah Email: farkhani_76@yahoo.
Elviandri Faculty of Law of Universitas Muhammadiyah Riau Jl.
KH.
Ahmad Dahlan No.
Sukajadi.
Kota Pekanbaru.
Riau Email: elviandri.
2010@gmail.
Sigit Sapto Nugroho Faculty of Law of Universitas Merdeka Madiun Jl.
Serayu No.
Pandean.
Kota Madiun.
Jawa Timur Email: sigit.
nugroho26@gmail.
Abstrak Al-TaAoArus wa al-tarju adalah metodologi yang ditawarkan oleh al-SyAib untuk mengatasi masalah yang sering muncul dalam fikih yang dihadapi oleh umat Islam.
Penelitian ini merupakan studi literatur deskriptif .
ibrary researc.
yang bertujuan untuk mengetahui bagaimana konsep al-taAoArus wa al-tarju yang ditawarkan, dengan metode fahm al-na yang ada dalam kitab alMuwAfaqAt.
Bagi al-SyAib, tidak ada al-taAoArus .
dalam na, tetapi kontradiksi ada di antara para mujtahid dalam memahami na tersebut.
Maka dari itu, mujtahid tidak perlu terburu-buru untuk melakukan istinbA al-uukm .
engambilan huku.
yang berasal dari argumen-argumen kontradiktif eAhir.
Sebuah studi mendalam dan universal terhadap postulat kontradiktif tampaknya diperlukan oleh mujtahid baik menggunakan ketelitian maupun kecerdasan .
Karena ketepatan dan intelijen mujtahid yang bervariasi, hal itu menyebabkan munculnya konflik antara mujtahid dalam melihat argumen.
Untuk mendapatkan solusi bagi masalah ini, tawarannya adalah penggunaan metode tarju, mencari argumen yang paling kuat, dan kemudian menetapkannya sebagai dasar untuk mengambil satu istinbA al-uukm.
Kata kunci: taAoArus, tarju, istinbAt al-uukm, al-SyAib, metodologi hukum Islam Abstract Al-TaAoArus wa al-tarju is a methodology offered by al-SyAib to overcome problems that often arise in fiqh issues faced by the people.
This study is a descriptive literature study .
ibrary researc.
aims to determine how the concept of al-TaAoArus wa al-tarju offered, with fahm al-na methods that exist in its al- Vol.
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To al-SyAib, no at-taAoArus .
in texts but there is a contradiction among mujtahids (Muslim jurist.
in understanding the texts.
Then, the mujtahids .
should not be in a hurry to do istinbA al-uukm .
aking out the la.
which originated from the eAhir contradictory arguments.
depth and universal study toward contradictive postulates seems needed by mujtahid both using their precision and intelligence.
Because of the precision and intelligence mujtahids are varying, it causes the appearance of a conflict between mujtahids in looking at the arguments.
To find a solution to the problem, the offer is the use of tarju method, looking for the most powerful arguments, and then serving them as the basis to take a single istinbA al-uukm.
Keywords: taAoArus, tarju, istinbAt Introduction Al-Kindi has made al-SyAib a definite genre of ul al-fiqh named SyAtibiyah1, apart from the two major streams of ul al-fiqh i.
ShafiAoites and HanAfites, not even follow the Maliki school of law.
Bids which he gave to his monumental work Aual-MuwAfaqAtAy indicates that he does not want to fall on taAoAub efforts in ul al-fiqh paradigm that has been established previously, sometimes in the era of the struggling reality of ul al-fiqh thought it has driven the conflict between one another.
The jurists have even stated that the magnum opus of SyAib is able to bridge between the school of Malikites and Hanafites.
Study or theory on ul al-fiqh with its al-MuwAfaqAt is not entirely new, but it was stringing variety of preexisting theory into a structured, systematic and applicable theory.
The assumptions used in the school of ShafiAoites, pedestal rationality promoted by Hanafites and practices of the Medina experts which often favored by Malikites made ul al-fiqh scattered into a variety of theories and approaches so as to make the product .
to be diverse as well, and make the design of al-uukm, al-SyAib.
Islamic fiqh become fragmented and fragile.
al-MuwAfaqAt.
SyAib combines theory of ul al-fiqh with maqAsid al-syarAoah as solution effort that is not confined within the text as a practice happened in the past.
The tenet of SyAib and other experts hold is that the law is made by God for the welfare of His servants .
lhukmu wudi'a maslahah li al AoibA.
The acceleration of life development and needs of human life reveals the real signal that the laws contained in the Qur'An and hadth still cause problems when paired with a variety of needs and development of human life, even detailed laws in the Qur'An are not many.
This shows that at every period of human life, there are always new things.
Everything new that emerges in the life to be achieved must be in harmony with the sublime religious norms that have been used and be a reference for Muslims in syar'iyyah ilAhiyyah .
he connection between muslims and Allah the Creato.
and syar'iyyah insAniyyah .
uslim brotherhood in the societ.
Improving problems of many human lives in detail has been untouched in Qur'An or Sunnah.
This problem gave birth to a variety of fiqh Farkhani.
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and nubuwah .
Here the scholars of fiqh play important role in the birth of a variety of methodologies in ijtihAd as coral breaker in human social life.
Another problem, at first glance, is that there are arguments served as a guide or reference to Islamic law in both Sunnah and Qur'An seem This problem is if it is not dissipated it will add another problem for the discovery and establishment of law in human life.
This will be complicated if the arguments imply musytarak .
aving more than one meanin.
that clearly bore istinbAt by which is different from the mujtahid.
Al-SyAib is one of the scholars who took an active role in matters of fiqh methodology in his book alMuwAfaqAt.
His magnum opus contains various offered methodologies of istinbAt al-uukm to parse fiqh growing problem in his time and become a methodological reference for the future.
One istinbAt al-hukmi methodology offered in his book is altaAoArud al-tarju.
This paper seeks to explain how the methodological concept of altaAoArud wa al-tarju influences the development of methods of usl al-fiqh after his time.
This paper uses descriptive approach2 to the study of literature .
ibrary reasearc.
3 by compiling various main and supporting library materials related to the focus of the problem to obtain a general nature and relatively thorough on the concept of al-taAoArus wa al-tarju of al-SyAib.
To collect the needed information, the authors also gain knowledge of the surface level on various parts of specific A Glance of al-SyAib and the Situation of Fiqh during His Time Al-SyAib's full name is Ab IsuAq IbrAhim Ibn Msa al-Garnati alSyAib.
He was born in Granada in 730 H and died in 790 H in the same place.
Al-SyAib, the popular name behind his full name, is the hometown of his family Al-SyAib's family originally lived in SyAtiba, but because of the political situation at the time forced the family of al-SyAib not to stay in SyAtiba.
They were forced to leave for Granada.
As it is known that SyAtiba during the period was hit by internal political struggles of Muslims which resulted in the shift of power from Islam to Christianity so that al-SyAib allegedly was not born in SyAtiba, the city of the family birth.
Al-SyAib staying in Granada during the reign of IsmA 'il Ibn Farraj who ruled in 713 H.
As quoted by Ab al-Afjan,4 the domestic political life of Granada during al-SyAibAos stay was unstable due to endless internal friction.
The clash of power among Muslims could not seem unstoppable and denied the future of Islam in the future.
Internal conflict conditions of Muslims had provided fresh air for the other groups, especially Christians who had long wanted to dominate Granada from the hands of the Muslims.
Though the political situation was turbulent, al-SyAib did not recede to study so that he became famous in the field of Fiqh .
urisprudence or la.
During his childhood, al-SyAib had shown his interest in the world of science, especially the Islamic sciences.
Diligently, he learned Arabic to the scholars, for example.
Ab AoAbd AllAh Muhammad Ibn Abd al-Bir FakhkhAr The Concept of al-SyAibAos al-TaAoarud wa Tarjih Vol.
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754 H).
QAsim Ab Muhammad Ibn Ahmad .
760H),5 and Ab Ja'far Ahmad al-SyarqAw .
762 H).
His knowledge of the hadiths was from Ibn Ab QAsim Bina and Shams al-Dn atTilimsAni .
781 H).
His kalam .
was obtained from Ab al-ZawAw Al Mansur .
770 H).
Meanwhile, he obtained this knowledge that would later made him famous through his monumental work in the field of ul alfiqh , al-MuwAfaqAt fi Usul al-AhkAm and al-I'tiAm, from Ab 'Abd AllAh Muhammad Ibn Ahmad al-Miqarri .
761 H) and Ab 'Abd AllAh Muhammad Ibn Ahmad al-Syarf at-TilimsAri .
H).
Al-SyAib tought various fields of science, especially fiqh and ul alfiqh .
Many scholars of that time became his fellows, especially as students, for example.
Ab YahyA Ibn 'Ashim.
Ab Bakr al-QAdz and Ab AoAbd Allah alBayAn.
8 The name of the latter is a scholar who has held the post of qAs .
in that period, a high position in a Granada caliphate.
One of the books written by al-BayAn, namely "Tuufah al-ukkAm" is a book that is quite known among the judges at the time as the reference book for judges in resolving the issues raised by citizens.
Because of his expertise of ul al-fiqh.
Muhammad Makhlf put him at the 16th in the level of jurisprudents of Malikiyah at Andalusia branch.
His follower is Abu Ishaq.
Al-SyAib spent his entire life in his native land.
no historian testified that he never went for scientific expedition as being done by others or for hajj .
Al-SyAib was a scientist who had mastered various disciplines comprehensively.
According Ab al-Ajfan, al-SyAib's competencies toward those various knowledge was because he had mastered the method of 'Ulm al-WasA'il wa' Ulum al-MaqAsyid or the essence and the nature method.
His monumental work, alMuwAfaqAt, was his magnum opus.
But, he also wrote several books on Arabic grammar, books of fiqh and hadith.
Here is the list of al-SyAib's works that can be traced in some classic literatures.
His works that cover the field of Arabic literature and Jurisprudence are: Syarh Jall AoalA al-Khulasah f al-Nahw.
AoUnwAn al-IttifAq f AoIlm al-IsytiqAq.
KitAb Usl al-Nahw, al-IfAdAt wa alIrsyAdAt/InsyaAoAt.
KitAb al-Majlis.
KitAb al-IAotisAm.
FatAwA, and Syarh Alfiyah Ibn MAlik.
As a scholar of fiqh who never reported out of Andalusia, of course, alSyAib understood well the progress of Islamic law in the country.
Among the legal problems arise were the strength of local traditions that affect the application of the law in Andalusia.
This caused serious problems that had emerged different opinions in law by which then legitimized formally by the authorities, including scholars, both in Andalusia itself as well as in other Islamic regions.
Here, the moral responsibility of the law was frequently neglected.
In essence, at the time of al-SyAib, there were many legal opinion conflicts between the Those conflicts were then analyzed by al-SyAib that later disagreement between scholars occurred because of three things: Firstly, the existence of mutasyAbihAt verses in the Qur'An, secondly, the result of ijtihad .
egal interpretatio.
of the scholars is used as al-shar' .
, and thirdly, a different result of the truth claim against Farkhani.
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,12 which makes the scholars removed from the legal school of the state.
Al-TaAoArus wa al-Tarju According to al-SyAib and Its Influence toward the Develop-ment of Ul al-Fiqh It is undeniable that the birth of one methodology of istinbA al-hukm contained in the al-MuwAfaqAt in the era where fiqh and ul al-fiqh faced deep textual preoccupation was important (Ages 8H).
In this period, the jurists did not have the courage to disagree with ijtihAd performed by previous ulama.
Even at that time there were scholars who then made works of those ijtihAd to be sacred corpus and closed from Ul al-fiqh that had the opportunity to improve more was struggling on establishing methods of uliyah from ijtihAd that already Initial thought of al-SyAib in al-MuwAfaqAt inspired many Islamic thinkers to break the textual fixation, started by JamAluddin al-AfghAny .
H), who reopened the doors of ijtihAd that had been closed for more than seven IsmAil RAzy al-Farqi15 who was a modern Islamic thinker added that circumstances of human life, which in turn, require the readiness of law to meet the achievement of lasting goal.
The Shari'ah is divine and eternal, not in a literal sense but in its soul.
With regard to the closing debate or keeping to open the door of ijtihAd, it was never being discussed by some scholars in the time before alSyAib.
One example is the dialogue between Ibnu AoAqil, a scholar from HanAbilah with an unnamed cleric of Hanafites school.
The point was Ibnu AoAqil thought against fanaticism that causes the underdevelopment schools of However, because the movement was so strong, especially in the 6th century of Hijrah (Islamic yea.
has driven the efforts made by the opponents fanaticism displaced their views.
16 For the time being, the development of progressive Islamic law eventually led to the closing of the doors of ijtihAd.
Logically this situation raised the intellectual restlessness among Islamic Later, this led to the awareness toward the importance of reopening the door of ijtihAd.
AuFailureAy in breaking down the fanaticism that took place during that time resulted in stagnant jurisprudence .
topped/undevelope.
, leads to the need for taqlid, a term that is generally interpreted as an acceptance without reserve on the established doctrines.
This certainly affects the scientific spirit of Muslim scholars.
The impact of the closing door of ijtihAd to fiqh, making the study of fiqh books dwelled on old scripts and seemed difficult to find new original book of the latest thoughts.
Study of fiqh became as follow:
The study of fiqh was limited only to the content in the books of fiqh authored by old great scholars.
The study of fiqh was stacked in summarizing project .
of problem branches .
uru') in a brief description of the books written by previous leading scholars.
Thus, small books compiled only to facilitate students in studying the work of great scholars before.
The study of fiqh reproduced commentary .
and suppositions of certain problems, giving notes on of the main book that makes the book was getting The The Concept of al-SyAibAos al-TaAoarud wa Tarjih Vol.
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The fiqh scholars no longer took the law from the main sources, namely the QurAoan and Hadith.
They preferred to directly refer to the opinions of the Islamic school Even the thought was outrageous by putting their opinions with sacred texts (Qur'An and Hadt.
that cannot be changed and .
Excessive inferiority attitude of fiqh scholars against the thoughts of previous scholars and only had willingness to research and study the scholars from similar schools.
Laziness of the fiqh clerks who had assumed that the previous scholars .
he founders of a school and the fellow.
were productive and These lazy scholars then thought that there was no longer space for them to do ijtihAd even for matters that had not been elaborated .
iqh iftrA.
This attitude shows that the scholars of fiqh during the unbendingness time have no good capability that directly drove them to be lazy and inferior as being stated before.
And other factors caused by political reason, such as intervention and imposition of only one schools .
iqh and / or Aoaqda.
by the authorities, lack of support from the government for the development of science, and provocative power of the politicians at the time.
Fixation or textual stagnation in fiqh in essence is the deprivation of the freedom on opinion among muslims, especially for the jurists.
This circumstance made them not free to make creation and / or innovation of knowledge in the field of fiqh and ul al-fiqh, forced them either consciously or unconsciously following the opinions of the previous scholars of the school of They engaged more in teaching but not doing critical thinking and doing new ijtihAd to reform Islamic law.
This led to a textual and rigid understanding for fiqh products that later these failed in answering to meet the challenges of the changing times with a variety of development and the problems of peopleAos life.
Due to this thinking stagnation, this then encouraged people to pursue other fields, and history had recorded that this stagnation drove to Sufism thoughts and behavior among Muslims.
Every time there was a In the middle of this period, a cleric-- al-SyAib --was born that contributed to break the text fixation by offering mindset and methods on ul al-fiqh which he believed could break the thinking stagnation of the people at that time.
Al-TaAoArus wa al-Tarju method is one of technical methodology created by al-SyAib for enlightenment and awakening of fiqh.
The fundamental view in this method is that there may be no conflict .
proposition within shariAoa texts but there will be The author believes that the preposition of al-SyAib in theorizing .
the matter is based on the word of God, especially in Sura alNisAAo verse 82.
Auif only the Qur'An did not come from the .
of Allah, you will find a wide contradiction there inAy.
From the verse, it is impossible for the arguments in the Qur'An that the entire narrations expressed by scholars will create conflict between the Issues relating to this case is usually solved by a method of understanding the meaning of words Farkhani.
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nAsikh-manskh .
hanged literall.
or 'am .
n genera.
and khas .
n particula.
And for the basis of prophet sayings is guaranteed in Surah al-Najm 3.
Auand it is not he (Muhamma.
who spoke on the foundation of his own lust, which come out of no other revelation that is revealed to himAy.
Because the writing of a new hadth occurs massively and systematically carried out on a century after the death of Muhammad SAW, using a superb narration methodology for correcting the validity and invalidity, this might leave room for the proposition contradiction if the narration was differently written.
Literally, the word taAoArus means contradiction.
Word al-adillah is the plural form of the word dall .
, which means argument, reason, and propositions.
The study of ta`Arudh al-adillah is specifically addressed in the science of ul al-fiqh when there is a conflict between two demonstrating the law.
In terms, the definition of taAoArus al-adillah is a content conflict between one of the two arguments by which are equal with the content of another Thus, consequently the opposite propositions may not be used Hasbi Ash-Shiddieqy interprets taAoArus .
l-adilla.
is a conflict between two proposition.
other words, the proposition that applied the law at the same time against another one that later violated the law desired by another preposition.
20 To Abdul Wahab Khallaf, taAoArus is contradictory between two texts or arguments with similar strength.
21 Wahbah warned other jurists not to equate between taAoArus and tanAqus.
According to him, the latter is a clash of two propositions that causes the cancellation of one of those two, while taAoArus only blocks enactment of the law without aborting the existence of the argument.
From those above definitions, the core of taAoArus al-adillah is a contradiction between the two shariAoa proposition which has the same rank or degree in discussing the same issues.
According to Abdul Karim Zaidan, principally there may not be a conflict between the shariAoa arguments.
TaAoArus or contradiction between the shariAoa arguments only occur in mujtahid point of views.
On this basis, taAoArus certainly only happens on a surface level not at the real realm as this is only about how mujtahid views on the Sometimes some mujtahids assess the arguments as it relates to understanding power of mujtahid intentions in a proposition.
Abdul Karim ZaidanAos point of view is exactly similar to al-SyAib.
Similarly, the views of ul al-fiqh scholars whether they were mutaAoakhirn .
l al-fiqh scholars who follow the Syafi'it.
or Hanafite scholars agree that the nature of taAoArus in Islamic law is a collection of impossible arguments of law whether the contradiction between the argument of qaAo and eann.
The taAoArus is not only about qaAo and eann.
TodayAos taAoArus is something taAoArus eAhiri .
n surface contradictio.
caused by differences in methods of scholars in understanding the arguments of law.
It is also coupled with the limitations of human to understand the arguments of qaAo and eann.
On that time, a proposition might be substituted or being replaced as it was impossible to translate qaAo In his magnum oppus, alSyAib did not explain the requirement The Concept of al-SyAibAos al-TaAoarud wa Tarjih Vol.
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n detail.
when two arguments are indicated of having taAoArus.
However, other faqahAAo provide indicators as .
These propositions differ in determining the law.
Both propositions are in a conflicted law for a single issue.
When the two conflicting arguments were different in representing the law, then there was no taAoArus .
Between propositions must occur within a period in determining the law.
When the time is different in the designation of the law, then those When there taAoArus occurred but a legal designation was different, then the verses can be put Like wine in the early days of Islam was permissible, but when it came down verses that showed automatically the legal designation for those two arguments do not indicate opposition.
Both these postulates are in the same degree for legal designation.
There is no contradiction between the QurAoAn with HAdith AuAd, because the QurAoAn in its legal designation is as qaAo proposition, while the Hadth is at eann In the event of a conflict between the arguments of qaAo and eann, then automatically qaAo If the proposition of qaAoi and eann confront and meet the conditions, then it is called taAoArus.
Of all the conditions must also be met.
When the requirements, and there is still an unmet requirement, this is not taAoArus.
24 The faith of al-SyAib toward the emergence of impossibility of contradiction between the propositions, it possibly occurs also between mujtahids.
AlSyAib taAoArus theory only happens in mujtahidsAo point of views.
25 Thus, this is about clash of opinions between Furthermore, al-SyAib said that the opposition did not absolutely occur between mujtahids, but it was naturally happen between them.
mujtahids endeavored to see a proposition by trying to understand it based on location .
, it is possible to combine the arguments using methods Understand the 'Am .
n genera.
proposition with khAsh .
Understand the mulAq .
proposition with muqayyad .
For example: Will you tell me about the best witness? They are those who give testimony before being Another hadth states Ausomeone who spreads lies and being noticed and witnessed by others .
efore he makes li.
who makes the testamentAy.
According to al-SyAib, both hAdith have no contradiction if the first hadith is perceived as general provision .
rovision of Go.
while the second one should be received as humanAos duty to respond to the lies.
Thus, the process does not show either any taAoArus nor tarjh.
This firm and clear statement of al-SyAib demands mujtahids .
establish the right method to break the legal issues, which physically seems This appearance for methodological solutions such as using Hanafites method.
, .
tarjh, .
jam'u wa Farkhani.
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tasAqut al-dalAlain .
sing Shafi'ites metho.
, namely.
jam'u wa taufq, .
, .
tarjh, .
takhyr and .
In al-MuwAfaqAt, al-al-SyAib get involved in theory or basic concepts Aoadamu al-taAoArus al-dalAAoil .
mpossible contradiction between the argument.
which did not stop at the boundaries of theory, he turned out to be responsible also in providing a sign to support his theory and methodological Furthermore, according to alSyAib, the dispute .
is only at the level of nullification .
l-nafy.
and determination .
l-ub.
If this happens then the solution is the use of tarju Tarju method will be used when it occurs in:
The difference in the setting up the arguments that lead to differences in the legal provisions.
The difference in preposition in a glance is alike but is different in Such as the wealth we have in fact belongs to the Lord.
The difference in cause .
, such as a woman who is not mauram is forbidden to touch but it is allowable after the wedding.
The difference in the requirements .
, such as the obligation to execute the command of God when a person becomes balgh .
The syahAdah .
is as an independent full sentence.
Thus, there is no penalty if there is syahAdah.
The solution offers for problem solving as if the al-ta'Arud al-dalAil with tarju method exists.
limitations will sentence to what is meant by tarju method.
Tarju derives from the word AurajjauaAeyurajjiuuAe tarjuanAy.
Tarju, definition, is strengthening one of the two eann arguments in order to do well to those already confirmed.
Literally, tarju (A )OAmeans This concept arises when the opposition happens between the opponent arguments which level are equal and cannot be solved by al-jam'u wa al-taufq.
The boosted proposition is called by rAjiu, while the attenuated proposition is called marju.
In terms, there are two definitions put forward by ul al-fiqh experts, the first one is according to Hanafites scholars, namely: Auprove the existence of extra weight on one of the two arguments of the same .
r equivalen.
, but this extra does not stand aloneAy.
According to them, the contradictory arguments must be in the same quality, as the opposition between Then, an additional supporting argument does not stand This means that the supporting argument is not separate from the conflicting arguments, because if there is another standing proposition, it can be used to establish law but not the conflicting propositions.
Second.
Muslim scholars define: Aureinforcing one indicator from eann arguments to be put into practice .
Ay.
These scholars restrict the canon only into eann course, because this issue is not included in the definitive issues .
and is not also between eann and qaAo.
Mostly Muslim scholars .
umhr AoulamAA.
of ul alfiqh agreed that if it had happened agreement for proposition, the boosted proposition shall be carried out.
The reason is because the agreements and practices have been taken by the Companions in reinforcing a certain proposition from another in many cases.
The Concept of al-SyAibAos al-TaAoarud wa Tarjih Vol.
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It seems to be the justification for the al-SyAibAos theory that to understand this theory relies on the accuracy and intelligence on each mujtahid .
According to al-SyAib, tarju can be done by:
Al-Jamu .
ombining two conflicting Al-Jamu can be done in ways as follow:
Viewing generally from both proposition, such as: lie .
is forbidden except lying as efforts in mediating husband and wife .
or killing Muslims is harAm .
except to qiA .
According to al-SyAib these postulates are not contradictory.
Both can be carried out according to the context.
The occurrence of contention on both sides of the problem .
to see it as a whole .
, as the opposition of two hAdths or the difference in the two qiyAs.
In this position, alSyAib did not agree on the use of tarjh method which resulted in the abandonment of one proposition to be carried out, except for manskh, there is no doubt in the validity of sanad .
he chain of hadth transmissio.
and matan .
he When the position is at the same level, then the proposition should not use tarjh The opposition of the two sides where one part and another cannot be merged because both have its own guidance.
For example, the obligation of prayer .
and liabilities of ahArah .
blution ritua.
as tahsiniyah.
The occurrence of a single contention on both sides, such as:
the prayer is invalid except reciting al-FAtiha based on the hadth Authe prayer leaderAos reading is the congregationsAo readingsAy.
the first hadith, the congregations shall read al-FAtiha while the second describes the reading of the congregations suffice only for Here, there is contradictory proposition but it is only the choice of taking the Al-IbthAl29.
ancelling one proposition by examining the chain of hadth transmission/sanad, content/matan, or the intention of the Basically there is no following the concept of nAsikh and manskh.
Looking on the theory of alSyAib about al-taAoArus wa al-tarju, as if al-SyAib gave warnings to mujtahids .
not to be reckless in conducting istinbA al-uukm which originated from the eAhir and contradictory arguments.
depth and universal study to the contradictory postulates must be done carefully using serious competencies and intelligences that the legislation will not deviate the basic values of Shariah .
aqAid al-syar'a.
Methodological solution on altaAoArus offered by al-SyAib is to select the most suitable ijtihAd in order to break the deadlock contradiction, by which the ways offered by SyafiAoites and Hanafites are absent to solve the Farkhani.
Elviandri.
Sigit Sapto Nugroho Vol.
XII No.
Juni 2018 SyafiAoites and Hanafites only give the option of free way to select the possible one to break the deadlock Even, the two streams of schools provide options for tawAquf .
aAqu al-dallai.
but not touching or leaving the apparent contradictions.
Some scholars stated that before they left the two arguments they had opportunities to do takhyr method .
by selecting one of the desired proposition without considering a TawAquf .
aAqu al-dallai.
on an urgent issue to be resolved would be dangerous.
it could create anxiety for certain aspects of life of debated issues.
Believers can seek their own ways that result in a conflict at the level of ideas or of legal thought, but it could go down to aspect that led to clashes and splits.
Therefore, tawAquf method is not made as the choice by al-SyAib as it will drive the jurists to the period of Here, the fiqh world will get stuck in the fanaticism for certain school as in the past and being experienced by al-SyAib himself.
Some of the methods offered by earlier fiqh scholars could be used, but for al-SyAib tarju method is seen as the best method to solve the problem of al-taAoArus al-adillah.
In this study, alSyAib truly shows that this method is the easiest and the lowest method of End Notes:
There are four schools in the world of ul al-fiqh : mutaklimin, with the main character of ShafiAoites.
Hanafites, with Imam alHanafi as the main reference in this stream.
alJamAoi .
he combination between mutaklimun and The Concept of al-SyAibAos al-TaAoarud wa Tarjih istinbA al-uukm especially those in the issue of al-taAoArus al-adillah.
Al-SyAib also insisted to show that the results of previous mujtahids/jurists .
ncluding founder of school.
will not be ignored.
He just wanted to create a theory or method that can be applied in any condition and age and remains compatible in time and place (Aliu li kulli makAn wa zamA.
Conclusion Al-taAoArus wa al-tarju is a methodology of ul al-fiqh offered by al-SyAib in his magnum opus alMuwAfaqAt.
In this method, al-SyAib would like to emphasize that there is no contradiction between the propositions in an attempt for taking out the law .
egal reasonin.
or istinbA al-uukm.
be noted, the argumentsAo sources come from QurAoAn and Hadth, two authoritative books as the main references of Islamic law for Muslim The picture of contradictory proposition is viewed seemingly, and then the mujtahids .
should see the arguments precisely and use their Because the precision and intelligence of mujtahids are varying, these may cause conflict in looking at the arguments.
To find a solution to the problem, the offer is to use tarju method, to search for the most powerful arguments and then to serve them as the basis of departure to take an istinbA aluukm.
Hanafite.
Takhrij al-FurAo AoalA al-Ul, see Maman Suherman AuAliran Ul al-Fiqh dan Maqasid Syari'ahAy.
Al-Mashlahah Jurnal Hukum dan Pranata Islam.
Vol.
2 No.
4 (July, 2.
, p.
Descriptive analytical research method is a method that examines problems, applied ordinances and specific situations in the community, including on relationships, activities.
Vol.
XII No.
Juni 2018 attitudes, views, ongoing processes and effects of the phenomenon.
Descriptive research aims to create a systematic, factual, and accurate description or picture about the facts, nature, and the relationship between the phenomena under this study.
Moh.
Nazir.
Metode Penelitian, 3rd edition (Jakarta: Ghalia Indonesia, 1.
, p.
Library research or literature research according to Subagyo is research that makes library data the underlying theory to be studied and analyzed in obtaining hypothesis or conception to obtain objective results.
In this study, information can be taken fully to determine the scientific action as a research instrument to meet the standards of supporting Subagyo.
Joko P.
Metode Penelitian:
Dalam Teori dan Praktek (Jakarta: Rineka Cipta, 1.
, p.
Compare to Mardalis who states that library research aims to collect data and information with the help of various materials in the library, such as books, magazines, documents, records and tales of history and Mardalis.
Metode Penelitian (Suatu Pendekatan Proposa.
(Jakarta: Bumi Aksara, 1.
, p.
Ab al-Afjan.
Min ArA FuqahA alAndals: FatAwA al-ImAm al-SyAib (Tunis:
Matba'ah al-KawAki, 1.
, p.
Muhammad Khalid Masood.
Islamic Legal Philosophy: A Study of Ab Ishyq alShatibi's Life and Thought (Islamabad: Islamic Research Institute, 1.
, p.
Ab al-Afjan.
Min ArA FuqahA, p.
MustAfA al-MarAgh.
Fatu al-Mubn f abaqAt al-Uliyyn (Beirut: Muhammad Amn Ramj wa Syirkah, 1.
II: 182-183.
Al-SyAtibi.
AuTarjamah al-MuAoallifAy, in al-IAotiAm .
l-Iskandariyah: Dar al-Aqeedah, 2.
, p.
Muhammad Khalid Masood.
Islamic Legal Philosophy, p.
Duski Ibrahim.
Metode Penetapan Hukum Islam Membongkar Konsep al-MaAonawi al-Syatibi (Yogyakarta: Arruz Media, 2.
, p.
Abdul Jalil.
AuMaqAsid al-SyarAoah AlSyathibi (Sebuah Upaya untuk Menyingkap Tujuan Asasi Formulasi Hukum Isla.
Ay.
AlIhkym.
Vol.
VI.
No.
June 2011, p.
Ibid.
, p.
See more evidents in MunAoim A.
Sirry.
Sejarah Fiqh Islam Sebuah Pengantar (Surabaya: Risalah Gusti,1.
, p.
See Farkhani.
AuMeretas Kebangkitan Fiqh di Tengah Keterpakuan TekstualAy.
Jurnal Ijtihad.
Vol.
No.
2 (Desember 2.
, p.
See IsmAil RAzy al-Farqi and Luis Lamya al-Faruqi.
Atlas Budaya Islam, terj.
Ilyas Hasani (Bandung: Mizan, 2.
, p.
See Wael B.
Hallaq.
Law and Legal Theory in Classical and Medieval Islam (Burlington: Ashgate, 1.
Moh.
Hefni.
AuRekonstruksi MaqAshid al-SyarAoah (Sebuah Gagasan Hasan Hanafi tentang Revitalisasi TurA)Ay.
Jurnal al-Ihkym.
Vol.
No.
Desember 2011, p.
Ab IsuAq IbrAhim Ibn Msa al-SyAib.
Al-MuwAfaqAt f Ul al-Syar'ah (Egypt:
MabaAoah MusafA Muuammad, t.
IV: 294.
Mukhtar Yahya and Fatchurrahman.
Dasar-Dasar Pembinaan Hukum Fiqih Islam (Bandung: Al-Ma'rif, 1.
, p.
Teungku Muhammad Hasbi AshShiddieqy.
Pengantar Hukum Islam (Semarang:
Pustaka Rizki Putra, 2.
, p.
Syarifudin.
Ul al-Fiqh (Jakarta:
Logos Wacana Ilmu, 1.
I: 204.
Abdul Wahhab Khallaf.
Kaidah-Kaidah Hukum Islam (Jakarta: Rajawali Press, 1.
, p.
Teungku Muhammad Hasbi AshShiddieqy.
Pengantar Hukum Islam, p.
See more clearly on Djazuli and Nurol Aen.
Ul al-Fiqh: Metodologi Hukum Islam (Jakarta: Raja Grafindo Persada, 2.
, p.
Abdul Wahhab Khallaf.
Kaidah-Kaidah Hukum Islam (Jakarta: Rajawali Press, 1.
, p.
al-SyAtib, al-MuwAfaqAt.
IV: 295.
Duski Ibrahim.
Metode Penetapan Hukum, p.
al-SyAtib, al-MuwAfaqAt.
IV: 297.
Ibid.
, p.
BIBLIOGRAPHY