Volume 18.
Number 1, 2018
EDITOR-IN-CHIEF
Khamami Zada
EDITORS
Fathudin
Maman R Hakim
Windy Triana
Nur Hidayah
Ahmad Bahtiar
INTERNATIONAL EDITORIAL BOARD
Tim Lindsey (University of Melbourne Australi.
Nadirsyah Hosen (Monash University Australi.
Ahmad Hidayat Buang (Universiti Malaya Malaysi.
Raihanah Azahari (University Malay Malaysi.
Mark Elwen Cammack (Southwestern Universit.
Razeen Sappideen (University of Western Sydne.
Carolyn Sappideen (University of Western Sydne.
Nik Ahmad Kamal bin Nik Mahmod (International Islamic Universiti Malaysi.
Ahmad Tholabi Kharlie (UIN Syarif Hidayatullah Jakart.
Muhammad Atho Mudzhar (UIN Syarif Hidayatullah Jakart.
Masykuri Abdillah (UIN Syarif Hidayatullah Jakart.
Muhammad Amin Suma (UIN Syarif Hidayatullah Jakart.
Arsykal Salim GP (UIN Syarif Hidayatullah Jakart.
Asep Saepudin Jahar (UIN Syarif Hidayatullah Jakart.
ASSISTANT TO THE EDITORS Kamal F.
Musa
Erwin Hikmatiar
ENGLISH LANGUAGE ADVISOR
Bradley Holland
Umi Kulsum
ARABIC LANGUAGE ADVISOR
Amany Burhanudin Lubis AHKAM has been accredited based on the determination of Director General of Research Reinforcement and Development.
Research, and Technology Ministry of Higher Education of Republic of Indonesia.
No.
36/a/E/KPT/2016 .
alid until 2.
AHKAM Jurnal Ilmu Syariah (ISSN: 1412-4.
is a periodical scientific journal published by Faculty of Sharia and Law of Syarif Hidayatullah State Islamic University Jakarta in collaboration with Indonesian Scientist and Sharia Scholar Association (HISSI).
This journal specifically examines the science of sharia and obtains to present various results of current and eminence scientific research.
The administrators receive articles as contributions Sharia and Islamic law disciplines from scientists, scholars, professionals, and researchers to be published and disseminated.
EDITORIAL OFFICE:
Fakultas Syariah dan Hukum UIN Syarif Hidayatullah Jakarta Jl.
Ir.
Juanda 95 Ciputat.
Jakarta 15412 Telp.
( 62-.
Faks.
( 62-.
Website: http://journal.
id/index.
php/ahkam/index E-mail: Jurnal.
ahkam@uinjkt.
Table of Contents Herdi Sahrasad & Al Chaidar Indonesian Terrorist.
ISIS, and Globalization of Terror:
A Perspective Hotnidah Nasution Implementation of the Principle of Ultra Petitum Partium in Deciding Children Livelihood in Divorce Lawsuit in Religious Courts Havis Aravik.
Choiriyah & Saprida Critical Study on The Legal Thinking of Muhammad Shahrur Nita Triana Urgency of Arbitration Clause in Determining The Resolution of Sharia Economic Disputes AIO IEOA AINO COIIO IEAA EO OA uIOIOO (IO ECO IE.
A Arrisman Islamic Law and Business Ethics: Case Study of Forest Fires for Clearing The Lands Abdulmajeed Hassan-Bello Riba and Islamic Banking.
Examining the Practices of Jaiz Bank PLC.
Nigeria Isnawati Rais Marriage Dispensation due to Extramarital Pregnancy:
The Study on the Decision by the Religious Court of South Jakarta .
Hamzah Zakah Empowerment Optimization Through Baitul Ikhtiar Cooperation as an Effort in Poverty Alleviation in Bogor Regency Abdul MutaAoali Israel and Palestine Conflict from Linguistics and Fiqh Siyasah Perspective Susiknan Azhari Tracing the Concept of Fajr in the Islam Mosaic and Modern Science Ahmad Sholihin Siregar The Construction of AyAtul AukAm (Constructing the Selection Bases of AyAtul AukA.
The Construction of AyAtul AukAm (Constructing the Selection Bases of AyAtul AukA.
Ahmad Sholihin Siregar Abstrak: Pertanyaan penelitian ini adalah Bagaimana memilih ayat-ayat hukum dari ayat-ayat non-hukum, apa saja karakteristiknya dan berapa banyak ayat-ayat QurAoan yang mengandung ayat-ayat hukum.
Oleh karena itu penelitian ini bertujuan untuk mengkonstruksi landasan dalam memilih ayat-ayat hukum, karakteristiknya dan jumlahnya dalam QurAoan.
Landasan ini harus dikonstruksikan karena belum terdapatnya landasan dalam memilih ayat-ayat hukum dalam konstruksi sebelumnya.
Penelitian ini merupakan penelitian hukum normative .
ogmatic, doktirina.
Obyeknya dalah ayat-ayat QurAoan dengan pendekatan mimetic dan obyektif.
Dalam penelitian ini, landasan dalam seleksi ayat-ayat QurAoan dikonstruksikan terdiri atas landasan tekstual dan kontekstual.
Penulis menemukan 418 ayat-ayat hukum yang memiliki landasan tekstual dan kontekstual disertai Kata kunci: ayat-ayat hukum, prinsip-prinsip seleksi.
, tekstual, kontekstual.
AHKAM - Volume 18.
Number 1, 2018 - 233 234 - Ahmad Sholihin Siregar Abstract: The questions to answer in this research is how to select legal verse from non legal verses, what its characterstics (*characteristic.
are and how many verses Quran contains legal verses.
Therefore (* Therefore, ) this research aimed to construct a basis in selecting legal verse, its characteristic and its number in Quran.
This basis must be constructed regarding to the unavailability of selection basis previously constructed.
The research is a normative legal research .
ogmatic, doctrinair.
The objects are Quran verses with mimetic and objective approach.
In this research, foundation of Quran verses selection consisting textual and contextual basis is established.
Writers found 418 legal verses using textual and contextual bases and its characteristics.
Keywords: AyAt aukAm, selection base, characteristic, textual, contextual.
A EE EOA.
A I EO ECIOIO I CO EO II EO EEIA:AIEAA
AO uE IN OA N E I NO EAOAO O EOAO EO EO EEIA
A OI EO ECIO EO OO EO O EEIAUAII EO O EEIA
Ae ONA N E uOE I OA O EO EEI OAAN ONA A O I N E AOI OEC I OA EO EO I uINA.
AOA ECIA
A EO NO O CIOA.
)A COAUA OE NO CIOOI IOO (COA.
A UCA
A I O O ECI EEIOAUA OA N EA.
A IC IEO OIoA A EO EEI I ECOA418 A EO EO EEA.
AEO IAO OOCOA
AEIAO OEOCO OAANA
A OCOAUA IAOAUA EAOAOAUA O EOAUA O EEIA:AeI IEAOA AHKAM - Volume 18.
Number 1, 2018 15408/ajis.
The Construction ff AyAtul AukAm - 235 Introduction In Ul Fiqh.
Islamic law is defined as khiAbullAh al-muta`alliq bi af`Ali al-mukallafn bil iqtisAAo aw at-takhyr aw al-was` (GodAos command related to Mukallaf Aos deeds either demands or prohibition or regulatio.
(Khudari Bek, 1.
Wahbah Zuhaili (Zuhaili, 1.
, one of Uliyyn criticized the definition, he assumed that the substantive meaning of khiAb is taujh .
According to him, taujh .
ommand directio.
is impossibly believed as Islamic law.
Therefore.
Zuhaili dominantly approved the definition of Islamic law in accordance with FukahAAo as athar .
ffect/manifestatio.
of AllahAos command .
emands, prohibition or regulatio.
related to mukallafsAo deeds .
uthors, vol.
18, 2.
Thus, for Zuhaili and fuqahAAoAo.
Islamic law is not khiAb .
itself, but manifestation or understanding of the khiAb.
Though developing, the definition of Islamic law is always associated with GodAos command.
Joseph Schahct (Schahct, 1.
and Fathurrahman Djamil (Djamil, 1.
simply defined Islamic law as a set of religious regulation based on Allah command organizing Muslim behavior in all aspects of life.
Ul Fikih classified Islamic law into taklf (Demand and prohibitio.
and was` .
Those commands are gathered in QurAoan.
However, not all quranic verses categorized as khiAbullAh al-muta`alliq bi af`Ali al-mukallafn.
Even more, not all khiAbullAh demanding or prohibiting related to mukallaf Aos deeds.
S AlBaqarah: 65 means: Aube an obedient monkeyAy, this verse contained commandment, but this commandment is agreed by scholars as not one of commandment related to mukallafsAo deeds.
So does the commandment of Aukun fayakunAy in QS.
Yasin: 82.
Ul fikih, that defined Islamic law as khiAbullAh, did not inform any khiAb clasified as al-mutaAoalliq bi af Aoali al-mukallafin.
Supposedly, after defining law, ul fiqh should direct khiAbs containing the law.
It seems that identification to the khiAb categorized in almuta`alliq bi af`Ali al-mukallafn is studied by tafsr AyAtul aukAm, also known as tafsr fiqh.
However, as its name, the main duty of tafsr AyAtul aukAm is not identifying or selecting law in Quranic verses, 15408/ajis.
AHKAM - Volume 18.
Number 1, 2018 236 - Ahmad Sholihin Siregar the main duty of it is interpretating verses - therefore, tafsr AyAtul aukAm is always classified as thematic tafsr, not in shariah discipline Ae as it is seen in works of tafsr AyAtul aukAm such as `Al as-SAyis (Sayis, 2.
, a-Abn (Abn, 1.
and ShAfi` (ShAfi`, 1.
Even al-JAmi` li AukAm al-QurAoan (Qurb, 2.
and tafsr of anNasAf interpret the whole Quranic verses.
Another proof is that AAbn did not interpret QS al-Baqarah 226-227 containing divorce and slavery matter, or QS al-Baqarah 232 containing alAq (Divorce proces.
as legal verses, although he interpret the same matter in other verses (Abn, 1.
Because the main duty of tafsr AyAt aukAm is not in identifying, it can be understood that there is not any explanation towards basis or method of verse selection.
In tafsr aukAm literatures, it is not even mentioned about the criteria or selection basis used to choose legal The identification of khiAbullAh al-muta`llaq bi af`Ali almukallafn is not available yet today.
The fact, that the main duty of tafsr aukAm is interpreting Quranic verses thematically not identifiying nor selecting, led to other problem, a salient difference of legal verses number among the scholars, such as `Al as-SAyis, a-Abn.
ShAf` dan a-auAw.
SAyis included 305 verses without al-FAtiuah in his work (SAyis, 2.
Abn included 225 verses without al-FAtiuah (Abn.
ShAfi` included 447 verses (ShAfi`, 1.
, and a-auAw included only 115 verses .
uAw, 1.
In short, the base to select or identify the verses containing Islamic law is not yet formulated.
The task to build it is duty of ul fikih, as it defined the Islamic law.
This is the main purpose of this research, to construct the base or method in selecting or identifying AyAtul aukAm.
Selection Bases for AyAtul AukAm Based on Islamic law defenition as the command .
emand or prohition or regulatio.
of god or its implication related to mukallaf deed, it can be formulated four substantive components of legal verses:
The legal verses are the commands of god.
There is no doubt that quranic legal verses are the commands of god.
The verses related AHKAM - Volume 18.
Number 1, 2018 15408/ajis.
The Construction ff AyAtul AukAm - 237 to mukalaf deed.
The verses contain demand or prohibition or regulation on mukalaf deeds.
The verses addressed to mukalaf.
In short, the most substantive base for legal verses identification is the verses contain of demand or prohibition or regulation addressed to it is the first base for legal verse identification.
This first base has three main aspects: first, it contains demand or prohibition on mukalaf deeds representing the taklf law.
Second, it contains regulation that set the demand or prohition related to mukalaf deed and represent the was` law.
This regulation can be sabab, mAni`, shar, `azmah, rukhah, au and bAtil.
Third, its command is directed to mukalaf, not to other.
The command .
emand or prohibitio.
in legal verses can be identified by using the different aproaches namely nauw, arf and balghah.
Those three identified the existence of commands in legal verses by looking at the existence of the command words, or by identifying the meaning.
Nauw identified the existence of the command by identifying fi`l amr, fi`l musAri` followed by lAm al-amr or lAm an-nahy, ism fi`l and ism mA`n.
The use of this method to identify the command in legal verses can be seen in: .
QS al-Baqarah: 43, 83, and 125 that contain fi`l amr: aqm a-alAt .
o prayin.
, ql li an-nAsi uusnA .
ay good words to peopl.
, wa ittakhidhu maqAma ibrAhm muallA.
al-Baqarah: 232 and an-NisAAo: 43 that contain fi`l musAri` followed by lAm an-nAhiyah: lA tumsik hunna .
onAot touch the.
, lA taqrab .
onAot approach the.
, or QS al-Baqarah: 185 and 267 that contain fi`l musAri` followed by lAm al-amr: fal yaumhu, fal yaktub, wal yumlil.
QS al-Baqarah: 185 that contain ism fi`l amr: fa `iddatun min ayyAm .
QS al-Baqarah: 239 that contain ism mA`an: fa rijAlan au rukbAnan.
Meanwhile, arf identified the commands by identfying two main words, fi`l amr and fi`l nahy.
This method can be sampled as first two samples above.
In balAghah, the command can be identified from the meaning of the sentence.
The sentence means the command named as alabiyah .
sentence or khabariyah .
sentence directed to alabiyah, as can be seen in: .
QS al-Baqarah: 43, 197 and 238: Auand 15408/ajis.
AHKAM - Volume 18.
Number 1, 2018 238 - Ahmad Sholihin Siregar establish prayer and give zakahAy.
Auand take provisionAy, and Aumaintain with care the prayerAy or an-NisAAo: 43: Audo not approach prayer while your intoxicatedAy as alabiyah .
QS al-Baqarah:
158, 184, 187, 228, 229, and an-NisAAo: 11.
The origin of alabiyah .
sentence is using verb as seen in QS al-Baqarah: 43, 185, 197, 238, or QS an-NisAAo: 25 and etc.
Beside the command, the legal verses also may contain regulations .
l-was`) which set the command on mukalaf.
Those regulation can be categorized into seven groups: sabab .
that sets the effectivity of command, mAni`.
that eliminates the command, shar .
that determines the validity of action, `azmah that is the law on normal situation, rukhah .
emission or exceptio.
that is the law on special situation, auu .
and bAil .
that is the legal status of mukalaf action.
The sample of those regulation can bee seen in QS al-Baqarah: 197 Auuajj is during well-known monthsAy which can be understood as shar .
of uajj, or al-Baqarah: 229 Audivorce is twiceAy as shar .
of divorce, or al-Baqarah: 239 Auand if you fear an enemy, then pray on foot or ridingAy as rukhah .
emission or exceptio.
that only be effective in special condition.
The next element of the first base is that the command in it is directed to mukallaf.
Eventhough a verse contains the command but it is directed to non-mukallaf, it can not be categorized as AyAtul aukAm .
egal verse.
, such as the godAos command to angles to bow Adam in QS al-Baqarah: 34, is not legal verse because its command is not directed to mukallaf, or al-Baqarah: 65 Aube apes despisedAy can not bee seen as legal verse because its command is addressed to Ban IsrAAol not to mukallaf, and so QS al-Baqarah: 45 Auand seek help through patience and prayerAy is not legal verse, because its command is directed to ahlul kitAb (Wahd, 1.
Because AyAtul aukAm .
egal verse.
require directing command to mukallaf, the verses contain command in narration .
can not be categorized as legal verses.
Such as al-Baqarah: 33 which its command directed to Adam and Ali `ImrAn: 43 to MaryAm.
Basically.
Alquran is revealed to be guidance for humankind in the Hence, its commands are universal for whole mankind.
But, there are some god commands in it that are directed especially for or about certain people.
Those verses can not be seen as legal verses.
AHKAM - Volume 18.
Number 1, 2018 15408/ajis.
The Construction ff AyAtul AukAm - 239 Meanwhile, the command directed to Muuammad is general command to mukallaf, considering Muuammad himself was mukallaf.
Muuammad as mukalaf was commanded to do prayer, give zakah and All verses that directed to Muuammad textually was generally addressed to mukallaf, except some verses indicated for himself as explained by uadi.
Verses that is addressed especially for Muuammad can not be categorized as legal verses.
QS at-alAq: 1 contains textually the command Auoo prophetsAy addressed to Muuammad.
However, the verse is generally addressed to mukalaf because there is no explanation from Muuammad that the verse is only addressed to him.
Sometime, a verse does not contain demand textually.
But, the historical fact of its revealation may explain an existance of demand or regulation of mukallaf deed.
This kind of verses can be categorized as legal verses.
A good sample for this kind is al-Baqarah 115 Auand to Allah belong the East and the West.
So wherever you might turn, there is the face of AllahAy.
There is no demand in this verse textually.
However, the revelation of this verse related to qiblat change permission in prayer during travelling.
Hence, it can be understood contextually that the verse means regulation on prayer during travelling.
The next base for identifying legal verses is explanation from Muuammad that a certain verse contain legal matter.
This explanation is only found in uadth.
Some verses do not contain demand or regulation textually, and its revealation facts did not indicated its relation to legal However, when Muuammad refered it to legal matter, it must be categorized as legal verse.
The good sample of this kind of verse is QS al-FurqAn: 48 Auand we send down from the sky pure waterAy.
There is no demand nor regulation on mukallaf deed textually in this verse.
Its revelation was not related to any legal matter.
But, once Muuammad said that only pure water used in wusAo referring to QS al-FurqAn: 48.
Based on this explanation, the verse must be categorized as legal verse.
So the QS al-ujurAt: 12 which its contain explained by uadth: Audid you know about ghbah?Ay, and QS al-MujAdilah: 12 which explained by uadth that `Al once had given adaqah before meeting Muuammad (Nisabr, 1.
In short, there are three bases for identifying legal matter in verses or for selecting legal verses.
They are:
15408/ajis.
AHKAM - Volume 18.
Number 1, 2018 240 - Ahmad Sholihin Siregar The existance of demand or regulation on mukallaf deeds.
Historical facts of verses revealation .
sbAb nuz.
Those bases can be grouped into two major bases: textual base and contextual base.
Textual base using verses redaction to identify legal Textual base referred to the existance of demand or regulation on mukalaf deeds.
The contextual base identifies legal matter in verses by using information outside of the verse, such as asbAb nuzl and uadth.
Basically, those bases are independent.
It means that one base is adequate to identify legal matter in verses.
With only textual base can be selected legal verses without contextual base, and vice However, those bases can affirm mutually in identifying legal A verse can be categorized as legal verse based on both bases:
textual and contextual.
A verse may contain demand or regulation on mukalaf deeds based on its text.
In addition, the legal content could be more confirmed when its revelation related to legal matter and has explanation from uadth.
However, those bases can not work if other bases resist it.
When textual base identifies a legal verse, but on contrary, its contextual base opposes it, it can not be categorized as legal verse.
A good sample for this is QS an-NisAAo: 49 which contains zakah textually.
But, according to its revelation facts this verse addressed to Jews in Medina (Wahd.
This verse is not legal verse.
Shortly, the base only work when other base did not resist it.
Sometimes, a legal verse is identified by both bases: textual and This kind of legal verse can not be disputed, such as QS al-Baqarah: 125 Auand take from the standing place of Abraham a place of prayerAy in which from its text can be understood the existence of Even more, its revelation background related to request of `Umar to Muuammad to take AbrahamAos standing place as place for prayer (Ibn ajar, 2.
Both textual and contextual base confirm its legal matter.
QS al-Baqarah: 144 which demand mukallaf to face Masjid arAm in prayer as its text said.
Furthermore, it is confirmed by its revealation background related to the hope of Muuammad that God will change the direction of qiblat.
So does QS al-Baqarah: 168 which AHKAM - Volume 18.
Number 1, 2018 15408/ajis.
The Construction ff AyAtul AukAm - 241 contains demand on mukallaf to eat the ualAl meal textually.
Its legal contain affirmed by its revelation background related to Ban Thaqf who banned themselves to eat certain livestock, including donkey (Wahd, 1.
The Characteristics of AyAtul AukAm To select legal verses, it can be used three bases and grouped into two: textual and contextual bases.
In line with this, it can be formulated two characteristics of legal verses: textual and contextual characteristics.
The characteristic of legal verse is manfestation of the identifying base.
To identify the existance of demand or regulaltion on mukallaf deed, it can be found from its textual characteristic, such as: an imperative words, or from its contextual characteristic such as uadth explaining its revelation background or its content.
Textual Characteristics Textual characteristic - a manifestation of textual base- referred the existance of demand or regulation in verse based on its text.
The textual characteristic of legal verses are:
Fi`l al-Amr Fi`l al-amr is ordinary form in Arabic language to demand action.
Fi`l al-amr can be found in many legal verses: QS al-Baqarah: 43, 83, 110, 125, 187, 189, 196, 198, 203, 222, 231, 238, 267, and 283.
QS an-NisAAo: 25, 35, 77, and 103.
QS al-MAAoidah: 2, 38, etc.
Fi`l al-MusAri` preceded by LAm al-Amr Fi`l al-musAriAo .
resent tens.
preceded by lAm amr also means demanding action.
It can be found in QS al-Baqarah: 185, 282.
QS an-NisAAo: 102.
QS al-ajj: 28-29, and QS an-Nr: 33.
Fi`l al-MusAri` preceded by LAm an-NAhiyah Fi`l al-musAriAo preceded by lAm an-nAhiyah also known as igat fi`l nahy is original form in Arabic language that prohibit an action.
It can be found in: QS al-Baqarah: 222.
QS an-NisAAo: 43, and QS al-MAAoidah: 2.
Ism fi`l amr Ism fi`l amr is additional form in Arabic language that demand 15408/ajis.
AHKAM - Volume 18.
Number 1, 2018 242 - Ahmad Sholihin Siregar It is a noun means verb.
It can be found in QS alBaqarah: 239.
Ao u u y u A A A The word rijAlan .
n foo.
and rukbAnan .
n trave.
are noun in Arabic language but mean verb Audo prayer on foot or on travellingAy.
Al-khobar bima`nA alab .
nformative sentence mean imperativ.
Informative sentence basically means information for reader.
It may contain right or wrong information.
In Arabic, informative sentence may mean imperative.
Many demands in legal verses expressed through informative sentences, such: QS al-Baqarah: 228:
A A
The divorced wives should wait themselves three qurAo This verse informed divorced wives to wait three qurAo so the divorce is effective.
However, the meaning of the verse is demanding divorced wive to wait three qurAo Besides those five characteristics above, there are some other words in Alquran which mean demanding action from mukallaf, such as:
Farasa-Farsat It means obligation (MaAoluf, 1.
A lot of verses containing words farasa-farsat .
nd all of its derivative word.
are legal verses, such as: QS al-Baqarah: 197, 236, dan 237, an-NisAAo: 7, 11, 24.
QS an-Nr: 1.
Qs at-Taubah: 60.
QS al-AuzAb: 38, 50, and atTaurm: 2.
Other verses containing these words are not legal verses, such as: QS al-Baqarah: 68 .
ars: ol.
, an-NisAAo: 118 .
, dan al-Qaa: 85 .
arasa: obligat.
Kutiba `Alaikum The words kutiba `alaikum mean Auprescribed for youAy.
The words mean demanding action.
All of verses containing these words are legal verses if directed to mukalaf, such as: QS al-Baqarah: 178, 180, 183, and 216.
However, there is a verse containing kutiba `alaikum which is directed to Ban IsrAAol, such as QS al-Baqarah:
246 and it is not legal verses.
AHKAM - Volume 18.
Number 1, 2018 15408/ajis.
The Construction ff AyAtul AukAm - 243 urrima, arrama Word uarrama means forbidden (MaAoluf, 1.
Its meaning indicates prohibition of action.
Word uarrama and its derivation are textual characteristic of legal verses.
All verses containing these words are legal verses if the prohibition comes from Allah or Rasul and is addressed to mukallaf.
These words can be found in QS alBaqarah: 173 and 275.
QS Ali `ImrAn: 50.
QS an-NisAAo: 23.
QS al-MAAoidah: 3 and 96.
QS al-An`Am: 119.
QS an-Naul: 115, and QS an-Nr: 3.
However, if the prohibition did not come from Allah or Rasul, or it is not directed to mukallaf, then the verses are not legal verses, such as in QS Ali `ImrAn: 93 and QS al-MAAoidah: 72 in which the subject of prohibition is Ban IsraAol, or QS al-MAAoidah: 87 in which the subject of prohibition is believers, not Allah or his rasl.
Aualla dan Uuilla These words mean permission .
(MaAoluf, 1.
The word aualla or uuilla indicates the demand of action from its reader whether to do action or not to do it.
All verses containing these words are legal verses.
These words are found only in seven verses: QS al-Baqarah: 187.
QS al-MAAoidah: 4-5, 87, 97 dan QS at-Taurm: 1.
LA JunAua atau laisa JunAuu The primary mean of this word is group of something (MaAoluf.
However, in Alquran these words mean Authere is no blameAy.
These words mean demanding mukallaf to choose to do an action or not to do it.
All verses containing these words are legal verses.
It can be found in 26 verses: QS al-Baqarah: 158, 198, 229-230, 233-236, 240, 282.
QS an-NisAAo: 23-24, 101-102, 128.
QS alMAAoidah: 93.
QS al-IsrAAo: 24, 29.
QS an-Nr: 58, 60-61.
QS alAuzAb: 5, 51, 55, and QS al-Mumtauanan: 10.
LAuharaj or laisa uaraj These words have similar meaning to lA junAuu-laisa junAuu which mean Authere is no blameAy that indicate the permisson to do something for mukallaf.
All verses containing these words are legal verses, like:
QS at-Taubah: 91.
QS an-Nr: 61, dan QS al-AuzAb: 38.
15408/ajis.
AHKAM - Volume 18.
Number 1, 2018 244 - Ahmad Sholihin Siregar udd Word uudd - which mean border or limit - also mean demanding not to do action from mukallaf.
The word uudd in Alquran which means Authat are border you should not tresspass itAy is textual characteristic of legal verses.
Almost all of verses containing the word uudd are legal verses, like: QS al-Baqarah: 187 dan 229.
QS anNisAAo: 13.
QS at-Taubah: 97.
QS al-MujAdilah: 4.
QS at-alAq: 1.
Contextual Characteristics The revelation of Alquran is complete a while before MuhammadAos It means that Alquran was completely revealed.
Hence, the legal verses in Alquran must have been practiced by Muuammad in his life or he had given it an explanation through sunnah.
The Sunnah itself functions to explain Alquran, besides to legislate law.
From this, it can be concluded three contextual characteristic of legal verses:
The verse revealed in relation to legal matter The content of Islamic law in verse can be identified contextually by using two bases: the historical background of revealation and the explanation of uadth.
With these two.
Alquran can be understood comprehensively in its context.
To understand legal verse better, reader should notice the revelation background, although the revelation background does not always restrict the meaning of the In ul fikih, the debate on the context of legal proof bring forth two contradictory princples: al-`ibrah bi `umm al-lafei lA bi khus as-sababi versus al-`ibrah bi khus as-sababi lA bi `umm al-lafei .
he legal proof should be seen from its general text versus the legal proof should be seen from its special backgroun.
The scholars tend to the first principle, which means that background of legal proof did not limit the meaning of legal proof.
It is clearly seen in uadth stating the purity of sea water.
Based on it, the scholars approved the purity of sea water by ignoring the background of this uadth given forth by the question of traders who ran out of pure water for wusAo.
However, the legal verses is never born without its background.
QS an-NisAAo: 3 revealed in relation to a Quraish, who takes care AHKAM - Volume 18.
Number 1, 2018 15408/ajis.
The Construction ff AyAtul AukAm - 245 for an orphan girl and her wealth, tended to marry her Wahd.
QS Ali `ImrAn: 88 revealed in relation to a group of muslim who choose Jews as their friend, helper and leader (Wahd, 1991.
Suy, 2006.
Ibn Hajar, 2.
QS al-AuzAb: 4 revealed in relation to muslim turn the name of Zaid bin Arithah into Zaid bin Muuammad (BukhAr, 1400.
Muslim, 1400.
Tirmdh, 1.
QS al-Baqarah: 144 revealed in relation to MuuammadAos lament on qiblat direction which is similar to Jews qiblat .
uAw, 1.
It can be said that legal verses must be revealed in relation to legal So, to identify the legal verse, it can be used the revelation background as base.
The problem with asbAb nuzl as base to identify legal verses is that not all of legal verses known its historical background.
The source information of asbAb nuzl is only reliable record .
iwAyat auua.
Those record had been established stagnantly and its number will not increase.
Hence, asbAb nuzl is not dynamic compared to the comprehension on text of legal verses.
The verses had explanatory uadth Legal matter on verses also can be identified by uadth.
The authority to explain Quranic verses is given to Muhammad as god uadth - a verbal record of auAbat on the Muuammad`s conduct - is an accurate base and characteristic for identifying legal When a reliable uadth indicated the legal matter in a verse, it can be confirmed that the verse is legal verse.
Because the revelation was completed a while before MuuammadAos death, it can be confirmed that all of legal matter in Alquran had been practiced or explained by him.
So, properly, the legal verses has explanatory uadth.
These are samples of legal verses identified by explanatory uadth:
QS a-alAq: 1 which is related to uadth contains MuuammadAos instruction to Ibn `Umar - who divorced his mesntruated wife to reconciliate her and wait untill her menstruation time passed (BukhAr, 1400.
Muslim, 1400.
SijistAn, 1417.
Ibnu MAjah.
QS al-ujurAt: 12 which is explained by uadth on ghbah Audid you know what is gibah? They answered: only Allah and his messenger knewAy.
15408/ajis.
AHKAM - Volume 18.
Number 1, 2018 246 - Ahmad Sholihin Siregar The verse is revealed after Muuammad became Rasl (Ayat risAla.
Muuammad just actively spread Islamic law after hijrah .
to Madinah (Yastri.
Previously, in Mekkah.
Muuammad has spread only the principles of Islam.
The spread of Islam can be grouped into two stages.
Mekkah period and Medinah period.
In Mecca.
Muuammad began to spread Islam after his risAlah .
ecame messengge.
With his risAlah.
Muuammad officially has a new gospel which is different from the old gospels.
Part of this gospel is Islamic law.
To legitimate his risAlah.
God revealed QS al-Muddathir: 1-9.
It means that only after the revealing of QS al-Muddathir: 1-9.
Muuammad began to preach actively.
Hence, all of legal verses must be revealed after the revealation of QS al-Muddatthir: 1-9.
Three Sras revealed before QS alMuddatthir: 1-9, those are QS al-`Alaq, al-Muzzammil and part of al-Muddatthir can not be categorized as legal verses.
The acceptance of Madinah society for Muuammad and the significant increase of his followers gave him chance to proceed the spread of Islamic law .
ot only Islamic theolog.
Muuammad was not deal with theological resistance as he dealt with in Mecca.
This gave him a good chance to teach Islamic law as part of Islam.
Previously, in Mecca.
Muuammad dealt with idols worship and theological resistance.
He had rough time in Mecca dealing with former religious institutions.
Thus, in Medina, the revealed verses respond to his needs for Islamic law, while in Mecca he needed the verses of creed.
Just in Medina.
MuhammadAos needs shifted to spreading Islamic law.
Hence, legal verses generally revealed in Medina.
Thus, another contextual characteristic of legal verses is revelation after hijrah to Medina.
The legal verses revealed after hijrah might be revealed both in Medina or Mecca.
Thus, madaniyyah-makkiyah classification did not respond this third characteristic.
To refer to this characteristic, new verses classification is needed because makkiyah-madaniyah classification is not suitable.
The verses revealed before hijrah is called as nubuwwat verses, and verses revealed after hijrah is called as risAlah verses.
Nubuwat verses can be understood as AHKAM - Volume 18.
Number 1, 2018 15408/ajis.
The Construction ff AyAtul AukAm - 247 verses revealed before Muhammad given his risAlah.
There are only three sras revealed before MuuammadAos risAlah, al-`Alaq, al-Muzzammil and part of al-Muddatthir.
Apart from those are risAlah verses.
Legal verses must be risAlah verses, not nubuwwat Madaniyyah verses are part of risalah verses, but it is much more than madaniyyah because most of makkiyah verses are also risAlah verses.
There are lot of legal verses indicating the viscosity of legal verses with this characteristic.
All of verses containing jihAd .
are revealed after hijrah, all of verses containing inter-religions relationship are also revealed after hijrah, and so do verses containing inheritance law, marriage and divorce.
Selecting Legal Verses Legal verses can be constructed based on identification or selection bases presented previously .
extual and contextua.
and its characteristics .
extual and contextua.
The writers selected 418 verses as legal verses after re-reading the Alquran and selecting legal verses using the selection bases both textual and contextual.
Some verses are likely legal verses, but further study proofed that they are not legal verses.
QS Al-Baqarah: 45.
Auand seek help through patience and prayerAy are likely legal verse, but it is not, because its command addressed to ahlul kitAb (Wahd, 1.
Al-Baqarah: 114.
Auand who are more unjust than those who prevent the name of Allah from being mentioned in His Mosque and strive toward their destructionAy is not legal verses because it revealed in relation to Taus ar-Rm and his Christian group who burn the TaurAt, fought Ban IsrAAol and will break down Bait alMaqds (Wahd, 1.
QS al-Baqarah: 177.
Aurighteousness is not that you turn your faces toward the east or the west, butAAy is likely legal verses, but it is not, because it revealed in relation to a question to Muuammad about the meaning of al-birr .
, or in relation to a person died just after he embraced Islam (Wahd, 1.
So does QS Ali `ImrAn 31 which contains MuuammadAos invitation to follow him, is likely legal verse, but it is not, because his invitation is addressed to Quraish unbeliever according to asbAb nuzl (Wahd.
QS an-NisAAo: 49 is likely legal verse containing zakAt, but it is not, because its sabab nuzl refers to Jews (Wahd, 1.
QS an10.
15408/ajis.
AHKAM - Volume 18.
Number 1, 2018 248 - Ahmad Sholihin Siregar NisAAo: 125, is also likely legal verse, but it is not, because revealed in relation to MuuammadAos question to Jibrl Auis not IbrAhm the dearest to AllahAy (Wahd, 1.
So does QS az-Zumar: 53, the phrase AudonAot be hopelessAy is likely indicating legal matter, but it is not, because it means repentance based on its asbAb nuzl (Wahd, 1.
QS Ali `ImrAn 77 which contains AudonAot hide the truthAy is likely legal verse, but it is not, because it revealed in relation to Ab RAfi`.
KinAnah and some Jews figures who knew the signs of MuuammadAos prophecy and refused to acknowledged it (Ibn ajar, 2.
QS Ali `ImrAn: 96 is likely legal verses but it is not because it revealed in relation to Muslims and Jews who proud of Kakbah and Baitul Maqds, which one the oldest (Wahd, 1.
Conclusion Selecting the legal verses can be based on two bases: textual and contextual bases.
Textual bases are: the verse contains the command .
emand or prohibitio.
on mukallaf deeds, the verse contains regulation on mukallaf deeds and is addressed to mukallaf.
The contextual bases are: asbAb nuzl .
evelation backgroun.
and explanatory uadth.
Both bases are independent, which means a verse can be categorized as legal verse if it meet one of two bases, when other base did not deny it.
In line with its selection bases, it can be formulated two legal verses characteristic: textual and contextual characteristic.
The textual characteristic means that legal verse must contains one or more of those words: fi`l amr, fi`l musAri` preceded by lAm al-amr, fi`l nahy, fi`l musAri`preceded by lAm an-nAhiyah, ism fi`l amr or nahy, alabiyyah .
sentence, jumlah al-khabriyyah bima`nA a-alab .
nformative meaning imperativ.
such as: lA junAua, laisa uaraj, kutiba `alaikum, uuilla, uurrima, fara or farsah.
Contextual characteristic means that the legal verses must be revealed in relation to legal matter, revealed after MuuammadAos risAlah, and has an explanatory uadth.
Using those bases and its characteristic, the researcher found 418 legal verses in Alquran.
AHKAM - Volume 18.
Number 1, 2018 15408/ajis.
The Construction ff AyAtul AukAm - 249
References