The Development of Fiqih Thinking in Indonesia

(Perkembangan dan Pemikiran Fiqih di Indonesia)

Studi Fiqih

Knowledge of law in Quran Fiqih Development Fiqh and Prespective of the Newest Law

in Indonesia Fiqih Development on Al Ghazali period Life Environment Problems

Knowledge of law in Quran The Law was introduced Quran is not thing

which standing alone, but there are a part of integral from aqidah believed.

There are difference between understading law according law science with Islamic Law which source from Al Qur’an

Al-Qur’an introduce a law concept with the characteristic integral, there are Sunnatullah and Sunnah Rasulullah. With this character, the law from Al-Qur’an has power. It is from that law and not fully depend to capability as force power from outside that law.

Description of fiqih which to specify laws from Al-Qur’an. There are 4 main point :

Ibadat, Muamalat, Munakahat and Jinayat.

The idea of law which teaching by Qur’an always develop time by time, through science .

Islamic science in Qur’an can seen great endure ability. They always develop through taqnin process (through any rules form). It can complete needs in modern era.

Fiqih Development Fiqih on 2nd century of Hijri was stood alone as a

discipline of science by Ibnu Khaldun categorized as “min al’ulum al haditsati fi al-millah”. Element to form this science is Al-Qur’an, As-Sunnah,al-ijma’,and interpretation and fatwa’s from Ulama, Sahabat and Tabi’in. Figures who put foundation to form this science is “ulama mujtahidin”

Point for this science is af’alul mukallafin . In definition is human with their dynamic and developed society for guarantee the establishment a better religious life.

Fiqih hual ‘ilmu bil ahkami al-syar’iyyat, al amaliyyati al mutasabu min adillatiha

al-tafshiliyyah

Can described in other definition

Fiqih is science of man made Object of fiqih is al-ahkam al amaliyah Main source of fiqih is wahyu (syar’i).

Why fiqih in textual? Not contextual?

Fiqih in Pesantren. Fiqih has a good value, it is Ibadah and

Muamalah.Some situation make fiqih can’t connect with the real life

Developed science and build fiqih are very limited

Invided condition for the last 4th century

Advance of technology

Ulama never stop in develop of fiqih science from Sahabat period until fuqaha mutaakhirin. There are:

Tasyri’, Tadwin, Tahzib, Taqlid, Taqnin Pesantren as the primary medium in

development fiqih science and place for produce ulama fuqaha. Otherwise keep scientific wealth which inheritable by ulama in the past

Fiqh and Prespective of the Newest Law in Indonesia

Islamic law can be explain in 3 aspects:1. Guide and guidance for get a good acquaintance (ma’rifat) about Allah SWT and invisible world can’t catch by human sense2.Guide and regulations for develop potency of kindness on human3. Regulations and rules of law to arrange practically things in how to do Ibadat to Allah etc

Firstly, fiqih is realization from notes. It contains yurispedention and imterpretations from Sahabat to the law in Al-Qur’an and Sunnah.

Ijtihad product to form a great science and totality and commonly called fiqih science

Imam Ghazali’s Fiqh in his book Ihya’ Ulum Al-Din

Ihya’ Ulum Al-Din is a book title is written by Al Ghazali

There are 4 main part and commonly called rub’.:1. Ibadah2. Habit3. Muhlikat4. Munjiat

Characteristic from Ihya’ Ulum Al-Din

To analyze Re-arrange To cram formulation To explain and improve problems To complete with exceeded things to all

which developed in growth and build religious knowledge for 5 century

Feature from Ihya’ Ulum Al-Din can be evaluated in 4 aspect

Language There is not using the language law like general in fiqh’s

book.Use the popular language which tend to Literary language

Approach approach problems rationally and based on tradition

aspects which well-estabilished in religious knowledge Character to show a high moral bravery, by doing total correction in

all sector and angle by the sharp attention Material and the object discussion

thorough enough and can catch all intelectual development on its period. Otherwise, can record scientifics invention

Fiqih Development on Al Ghazali period

5th Century of Hijri was fiqih establishment and to place key position n seen shine between syari’at knowledge. Ulama Ahli Fiqh to many involved in goverment power n place in yudicative position in goverment system on its period

Fiqih science was dominant because concerns rules directly and build Ibadat and muamalat and all kinship affairs like as heritage, will, gift etc

2 and 3rd century of Hijri ; tadwin period ( to form mazhabs n codification of fiqih law)

There was the glory of fiqih science and appear great figures who arrange fiqhiyyah genre through free ijtihad and famous as Imam Mazhab like as Abu Hanifah, Malik, Al-Syafi’i , Ibnu Hambal, Al-Auzai, Al-Thabari etc.

4 and 5th century of hijri: fiqih science was dominasi religious life of Islam society.

There was the glory of fiqih science and has plus value if seen from aspects of the application. Fiqih science was rich through develpment from its subdivision and many book which written and composed in this science

Imam Al – Ghazali : A figure of fiqih science

He was raised and educated, society in fiqih world.

Complete his study to Imam al-Haramain and be great techer in Madrasah An-Nizhamiyah in Bagdad

Fiqh Norm and Life Environment’s Problems

There are 4 outline from facts human arrangement, :

Rub’ul Ibadat Rub’ul Mu’amalat Rub’ul Munakahat Rub’ul Jinayat

Life and NatureIslam prespects introduce 2 kinds of life : Human life in real nature , in earth. Space and time

are limited as known as “duniawi” or life in the world. Because that, there are not permanent but real.

The next world life. There are permanent and all enjoyment more perfect than human life.

But, both aren’t stand alone, but the next world are continuation and process from human life. Akhirah is a place and the last estimation and determination of permanent value for each human who happen in the world

Human and dignity All of creature have a law status

muhtaram, be respected their existence and forbidden to kill them if there a living things or kill them if they must be protect their existence

Function of human Human as vandal There are in (QS 2:30) and (QS 30:41) Human as creator and builder There are in (QS 11:60) and (QS 1:31) Human as sustainer

Life Environment Problems Life Environment is unity space with all things, potency,

situation and life things, include human and teir behavior, influence continuance life weal human and others. All kind of life things actually live in a global life environment which a thin layer of life and thickness about 14-15 km contains from gas (atmosphere), mountain, and flora fauna are the basic structure of ecosystem.

From angle of life environment, the main attention is about some aspects which feel as crisis pressure , harm to life sustainability like as threat to purity of air and water sources, substance dangerous for nutrients, productivitas continuity from natural wealth also flora and fauna etc

Thank Tou