Sources of Islamic law – In Islam, there are several sources of law that can be used as guidelines in living this life. However, some Muslims may not know the source of Islamic law other than the Koran. On this occasion, we will discuss more deeply about the sources of Islamic law. So, read this article to the end, Sinaumed’s.
Understanding the Sources of Islamic Law
The source of law is not only owned by a country. But in religious life, especially in Islam, there is also a source of law that has been used by all Muslims. The existence of sources of Islamic law is used as a guide or reference for Muslims when living their lives in this world.
It is undeniable that in life on earth, there are always problems that arise, be it problems in religion or in social life. Therefore, when this problem arises, a source of Islamic law is needed that can be used as a basis or guide for Muslims.
The scholars have mutually agreed that there are four sources of Islamic law that have been used by Muslims. Among them are the Koran which is the holy book of Islam, then hadith, ijma, and finally qiyas. As Muslims it would be better if you know and understand the four sources of Islamic law. To find out a more complete explanation related to sources of Islamic law, the following is summarized through various sources.
Sources of Islamic Law
In Islam there are four sources of law in Islam. Here’s the explanation:
1. The Koran
Al-Qur’an is the revelation of Allah which was revealed to Prophet Muhammad Shallallahu Alaihi Wasallam as the greatest and greatest miracle, through the Angel Gabriel in a mutawatir way as a guide for all mankind, and is a reward for those who read it.
Definition of Al-Quran According to Experts
According to experts, the definition of the Qur’an is as follows.
1. Muhammad A. Summa (1997)
Al-Qur’an is a holy book that contains very clear rules regarding human life, both in terms of outwardly and inwardly.
2. Abu Faiz (2014)
According to him, some of the virtues that will be obtained by lovers of the Qur’an include, obtaining enormous rewards, always being with the noble angels, erasing sins and vices, cleansing the heart and calming the soul.
3. Muhammad Ali ash-Shabumi
The definition of the Qur’an is the noblest word of Allah SWT and revealed by the Prophet Muhammad through the intermediary of the angel Gabriel, which was written in the form of mushafs and delivered mutawatir.
4. Sheikh Muhammad Khudari Beik
The Qur’an is the word of Allah SWT which was revealed to the Prophet Muhammad SAW for all mankind whose contents must be understood and practiced, by way of or conveying to mutawatir, which is written with the beginning of the letter Al-Fatihah and ending with the letter of An-Nas.
5.Dr. Subhi as-Salih
The Qur’an is the word of Allah SWT which is the greatest miracle of the Prophet Muhammad SAW, written in the form of a mushaf and narrated in a mutawatir way (gradually), and for those who read it is worship and is a reward.
6. Al-Qur’an in Language (Etymology)
In terms of language or etymology, the term Al-Qur’an comes from Arabic, which is a plural (many) of masdar fi’il, namely qara’a -yaqra’u-qur’anan which means “reading” or more simply “something to read over and over again”.
7. The Qur’an in Terminology
In the view of Islam, the Qur’an is the holy book of someone who adheres to Islam which in its form contains the word (kalam) of Allah SWT which was revealed by the Prophet Muhammad SAW as a miracle, delivered in mutawatir ways and for those who read it is Worship.
From the understanding of the Qur’an according to the experts above, it can be said that every person, society, especially Muslims must always or always maintain, disseminate and apply knowledge about the Qur’an. The reason is because the Qur’an is the most perfect word of Allah SWT. Al-Quran is kalamullah, or the sentence of Allah SWT and comes from the side of Allah SWT.
Allah SWT said,
“Alif laam raa, (this is) a book whose verses are neatly arranged and explained in detail, which was revealed from (Allah) the All-Wise, All-Knowing.” ( QS. Hud: 1 ).
The existence of the Koran is not only a holy book for Islam. But it is also used as the main or most important source of Islamic law. As it is known that the Koran contains holy verses which are life guidelines for Muslims. These verses are not just read, but also try to be applied in everyday life.
The Qur’an was revealed to the Prophet Muhammad through the intermediary of the angel Gabriel. The Koran in Arabic is the word of Allah SWT which can never be made by humans to be its equal. Therefore, the Koran is used as the main source of Islamic law than the others. As the word of Allah SWT stated in the letter Al-Isra verse 88, Allah SWT says:
قُلْ لَّىِٕنِ اجْتَمَعَتِ الْاِنْسُ وَالْجِنُّ عَلٰٓى اَنْ يَّأْتُوْا بِمِثْلِ هٰذَا الْقُرْاٰنِ لَا يَأْتُوْنَ بِمِثْلِهٖ وَلَوْ كَانَ بَعْضُهُمْ لِبَعْضٍ ظَهِيْرًا
Meaning: “Say, Verily, if humans and jinns come together to make something similar (to) this Al-Quran, they will not be able to make something similar to it, even if they help each other.”
As a source of Islamic law, there are several things that are conveyed in detail in the Al-Quran and some are conveyed in general. For example, related to worship which is explained in detail. As for the other problems are not explained in detail. Therefore, another source of Islamic law is needed as a support so that later the Al-Quran can be applied in everyday life, as well as being a guide when a problem arises.
2. Hadith
The second source of Islamic law is hadith. It is through this hadith that will provide further explanation of what is stated in the Al-Quran. Hadith is one of the 4 sources of Islamic law agreed upon by the scholars. Hadith is a reference for Muslims to explain the laws contained in the Al-Quran.
Quoted from the book Understanding Hadith Science by Asep Herdi, etymologically hadith is interpreted as Jadid, qorib, and khabar. Jadid is the opposite of qadim which means new. While qarib means close, which has not happened in a long time. Meanwhile, khabar means news, which is something that is discussed and transferred from one person to another.
While the meaning of hadith in terminology is the words, deeds, and approval of the Prophet Muhammad.
Meanwhile, in language, hadith means sayings, conversations, speaking. The definition of hadith is categorized into three, namely the words of the prophet (qauliyah) , the deeds of the prophet (fi’liyah) , and all the circumstances of the prophet (ahwaliyah) . Some scholars, such as at-Thiby, are of the opinion that hadith complements the words, deeds and interpretations of the prophet. The hadith also complements the words, deeds, and interpretations of the Companions and Tabi’in.
Basically, Al-Quran and hadith cannot be separated, but complement each other. Therefore, both of them have been a guideline for society, especially Muslims. If Muslims use the Al-Quran as a source of Islamic law and it turns out that they still have not found a clear point on a problem, then the hadith will become the next guideline after the Al-Quran. So, the hadith can be said to be the second source of Islamic law after the Al-Quran.
The following is the word of Allah SWT which explains to always obey the Messenger of Allah as stated in the letter Ali Imran verse 32 which reads:
قُلْ اَطِيْعُوا اللّٰهَ وَالرَّسُوْلَ ۚ فَاِنْ تَوَلَّوْا فَاِنَّ اللّٰهَ لَا يُحِبُّ الْكٰفِرِيْنَ
Meaning: “Say (Muhammad), “Obey Allah and the Messenger. If you turn away, know that Allah does not like the disbelievers . “
The position of the hadith is as reinforcement and providing information when the explanation is not stated in the Al-Quran. What is conveyed in the hadith is the law that has been established by the Prophet Muhammad SAW which is a guide from Allah SWT and can also be the result of ijtihad.
Hadith Function
There are 4 kinds of hadith functions for the Al Quran which are determined by Atsar scholars, as follows:
1. Bayan at-Taqrir
Bayan at-Taqrir is also known as bayan at-Ta’kid and bayan at-Isbat . In this case, the hadith functions to establish and strengthen what has been explained in the Al-Quran.
2. Bayan at-Tafsir
The function of the hadith as bayan at-tafsir is to provide details and interpretations of mujmal (vague or unknowable) verses of the Koran, to provide conditions for verses that are still absolute, and to provide special determination of verses that are still common.
3. Bayan at-Tasyri
Bayan at-Tasyri is embodying a law or teaching that is not found in the Al-Quran. This function is also called bayan zaid ala al-Kitab al-karim.
4. Bayan an-Nasakh
In language, an-naskh has various meanings, including al ibthal (cancel), al ijarah (eliminate), at tahwil (move) stay at taghyir (change). As for what is called bayan an nasakh , there is a syara’ argument (which can abolish existing provisions) due to the arrival of the next argument.
According to the majority of scholars, the position of hadith occupies the second position after the Al-Quran. In terms of wurud or tsubut, the Qur’an is qath’i (certain) while the hadiths are zhanni al wurud (relative) except for those with mutawatir (consecutive) status.
3. Ijma
Ijma comes from the Arabic إِجْمَاعٌ ijmā which means consensus. This term comes from the word أَجْمَعَ ajma’a which means to agree. This word is rooted from جَمَعَ jama’a which means to collect or combine. According to KBBI, the meaning of Ijma is conformity of opinion (agreement) from the scholars regarding a matter or event. Etymologically, the notion of ijma has two meanings. First, Ijma means determination to do something or decide to do something. Second, Ijma means agreement.
The definition of Ijma is the agreement of the scholars in establishing a law in religion based on the Qur’an and Hadith in a case that occurs. Ijma is a joint decision made by the scholars by means of ijtihad which is then negotiated and agreed upon and the result of ijma is a fatwa.
The definition of Ijma is part of Islamic law. In Islam, the Qur’an and hadith are the legal basis used. The scholars use the Al-Qur’an and hadith as the basis for establishing Ijma. The meaning of Ijma is important to understand when studying Islamic law. In language, ijma is collecting problems after which they are given a law on these problems and then they are believed.
Meanwhile, according to the term, ijma is an agreement of opinion from all ijtihad experts after Rasulullah Muhammad SAW died. The position of this ijma is as the third source of Islamic law after the Al-Quran and hadith. So, Ijma is one way of establishing a law that is not found in the Qur’an and hadith.
At first, this ijma was carried out by caliphs and state officials. From the deliberations that they have carried out, then the results will be considered as representative of the opinions of Muslims.
As time went by, more and more deliberations were held. Mainly followed by ijtihad experts and continued to this day. Ijma itself is divided into two, namely ijma sharih and ijma sukuti.
Ijma sharih or lafzhi is an agreement of the mujtahids which is carried out through opinions or from actions against a certain case law. For ijma sharih, this is relatively rare.
Whereas ijma sukuti is an agreement from the scholars through a mujtahid who has expressed his opinion regarding the law of a case. After that the opinion of the mujtahid spread and many people knew about it. In this case, other mujtahids did not express disagreement with that opinion after conducting research or research on that opinion.
The determination of Ijma is still based on the Al-Qur’an and hadith. Based on the understanding of Ijma, it can be said that Ijma comes from the Ijtihad of the scholars. In addition, Ijma is a tool for interpreting law according to Islamic law and as a form of tolerance towards different traditions in Islam.
According to the terms of ushul fiqh experts, the meaning of Ijma is an agreement on a matter of syara’ law at an event. This agreement was carried out by the Muslim mujtahids at a certain time after the death of the Prophet Muhammad.
Understanding Ijma According to Experts
The following is the meaning of Ijma according to the scholars:
Imam Al-Ghazali
Ijma is an agreement of the people of Muhammad specifically on a religious matter.
Imam al-Amidi
Ijma is the agreement of a number of ahlul hall wa al ‘aqd (experts who are competent to take care of the people) from the people of Muhammad at one time over the law of a case.
Abd al Wahhab Khallaf
Ijma is the consensus of all Muslim mujtahids at a time after the Prophet’s death on a sharia law regarding a case.
4. Qiyas
Interpretation of the Qur’an
The last source of Islamic law is qiyas . Qiyas itself in language is the act of measuring something which is then named. Meanwhile, in terms, qiyas is the determination of law on an act for which there were no provisions at that time and then based on existing provisions.
In general, this qiyas is divided into three. There is qiyas illat which is divided into other types, namely qiyas jali and qiyas khafi . Then the second is qiyas dalalah, and the third is qiyas shabah.
Pillars of Qiyas
Quoted from the book Usul Fiqh by Amrullah Hayatudin, qiyas consists of four pillars and several requirements that must be met. Are as follows:
1. Ash
Ashl is an old case that already has legal provisions in both texts and ijma . Ashl is often referred to as musyabbah bih or its likeness and maqis ‘alaih or place to perform qiyas -kan. In a simple sense, ashl is a case that will be used as a measure or comparison.
There are several conditions that must be met asl to be made qiyas . Ashl must have a fixed law. These legal provisions must be based on the path of sam’isyar’i not aqli . This path is also used to find out illat on ashal. In addition, legal provisions on ashal must not be based on qiyas, but because of texts or ijma. Ashl is also not allowed to go outside the rules of qiyas.
2. Far’u
Far’u is a case that will be investigated or equated with cases that already have laws. Several conditions make far’u stipulated in qiyas , among others , far’u does not yet have a law established based on texts or ijma, must find illat ashl in far’u with perfect levels and must not be less than the level of illat found in ashl.
3. Ash’s Law
Ashl law is syara law established by the texts and it is desired to determine the law against far’u .
4. Illat
In language, illat can be interpreted as proof or reason. Illat became the cornerstone in ashl law . In another sense, illat is also called the benefit that syara pays attention to. This illat is one of the considerations in performing qiyas .
So, in living this life, Muslims must follow the things that can be done and things that are not allowed to be done in the Al-Quran. This is because the Koran is the highest source of Islamic law.
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Author: Yufi Cantika Sukma Divine
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