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Explanation of Law and Religious Service Theorem II
[ 01 ]
Ibadah.
As according to development of broadcasting of
religion islam which always extends to some far
countries. For the benefit of state and
religion, hence the friends
consisted of the moslem scholars and clever
clever make a move to new areas having
interaction custom and refraction and regulation
x'self as according to progress of science and
culture is area the has just. So sometimes the
new areas its the situation is hardly differing
from with area of they are Mekkah and even there
are area far in advance of Mekkah
In this case islam is not religion with aim to demolish
or changes or throws away all thing there have and
changes it with has just. But islam is blessing religion
for all nature is not merely blessing for a group of
certain tribe only
Every order and refraction custom in new areas which
actually good and not be against law methods which
included in filling sentences content Al-Quran and
hadist taken and made by teaching law, all thing
interfering in and ugly thrown and prohibited to be
come near and practiced, thing can be improve;repaired
will be improve;repaired by the way of throwing away
partly which are against Al-Quran and hadist causing
becomes is good and is of benefit to believer
prosperity, then is made for punishing teaching.
This condition still going and grows as according to
development of teaching islam which longer increasingly
extends in Jazirah arab even broader from that hitherto
Compilation sunnah prophet into book, has just been
started by the end of first century at epoch kahlifah
Umar bin Abdul Aziz in the year 718 M commands its the
gurbernur to collect and books sunnah prophet in order
not to lose and forgotten by people. This comand
executed by Syihab Az-Zuhri in Medinah in the form of a
real compilation simple.
Has just at goverment of Al-Masyur from dynasty
Abbasiyah ( 754 - 774 M ) compilation sunnah into books
hadist regularly and natty systematic. One semi century
after prophet muhammad pass away lapped over books
hadist like ash imam masterpiece hanifah by the name "
Al-Fiqhi 80 - 150 H ), Imam malik bin Anas with title
Al-Muwatha 93 - 170 H ), Imam Muhammad idris syafii
Imam Syafii ) with title As-Sunan 150 - 204 H ) and
imam ahmad bin Hambal with title Musnad 241 H )
To four hadist book compilations then is recognized as
Mazahab which four growing widely in believer area islam
hitherto
1. Ash Imam Hanifah is recognized as Mazahab Hanafi
2. Imam Malik bin Anas is recognized as Mazahab Maliki
3. Imam Muhammad Idris Syafii is recognized as mazahab
Sayfii
4. Imam Ahmad bin Hambal is recognized as Mazahab
Hambali
Compilation of hadist in new perfection happened at
century 3 H or century 9 M. after the founder imam four
sects dies.. Compilation of hadist is done sent its the
famous is imam bukhari and moslem imam. Imam bukhari and
this moslem imam is famous pupils from imam syafii
Imam bukhari and moslem imam in doing compilation of
hadist implements tight sanagt clauses so that hadist
history by imam bukhari and this moslem imam hitherto is
believed has high authenticity validity, causing is
recognized recognized by opinion from moslem scholar
circle hadist that every previous hadist told as hadist
which weak of its the periwayatan will become sahih if
one of its the perawi there is imam bukhari or moslem
imam. So book hadist sahih history by imam bukhari and
moslem imam known as source of second islam law after
Al-quran.
For things which there are no explanation in Al-Quran
and hadist, the friends and moslem scholar does approach
of mind mind to problem faced with still refer to law
methods which there is in filling sentences content Al-Quran
and hadist which divided to two situations that is :
1. Which in the nature of selection or directing of
correct law constrain to be specified at one particular
case that is possible directly is taken away from law
sentences Al-Quran or hadist
2. Rule which in the nature of creation or forming of
constrain punished has just for new situations according
to place and time with is guided by method punished Al-Quran
and hadist
In beristijhad cannot be done by all people. People who
conditions earns berijtihad to stipulating of minimum
law is :
In beristijhad cannot be done by all people. People who
conditions earns berijtihad to stipulating of minimum
law is :
1. Understands and ism carefully language arab to
comprehend Al-Quran and hadist written in language arab
2. co-signature contents and law system Al-Quran and
sciences to comprehend Al-quran
3. co-signature hadist law and sciences hadist which
with reference to law forming
4. Masters source of laws islam
5. co-signature and understands and ism carefully law
method fikih
6. Mengetahu secrets and purpose of laws islam.
7. honestly and candid.
This seventh haves the character of absolute old world
and present condition is added with :
8. Masters relevant social sciences and sciences with
problem which will be decided
9. Done collectively
At present condition istijhad need to be done by
religion islam and believer islam which always grows as
according to development of epoch, in consequence law
islam can be developed to fulfill requirement of
believer islam is every by epoch
Methods isjtihad which able to be done to fulfill
requirement is :
1.
Ijmak. Be approval or concordance of opinion of the
experts about a problem at one particular place in an a
period. This approval must with a way of place to be the
same
2. Qiyas that is equalizing law suatau thing which
there are no its the annotations in Al-Quran and hadist.
This qiyas is measure utilized by kindness mind to
compare a thing with other thing
Besides invention method of law in islam also is done
with method :
1. Istidal that is concluding from antipodes like the
istiadat customary law before law islam but is not
eliminated by teaching islam, can be confined its the
law to be made law islam
2. Masalih Al-Mursalah / Muslahat Mursalah is way is
finding law a thing which there are no provisions in Al-Quran
and hadist. Based on consideration of kindness of
believer which is totally not is discussed in Al-Quran
and hadist
3. Istihsan is way is determining law to digress from
rule which there are for the shake of justice and social
importance. This ihtisan is a way correctly takes
decision according to a situation
4. Istisab is specify law something thing according to
situation happened before all until there are theorem
changing it or implements law which there are until
there are law canceling it
5. Mores that is is illegal not of islam can be
confirmed remain to be on end for the public. This thing
applied to muamalah only.
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