What is fiqh in Islam ? According to the Wikipedia, Fiqh (Arabic: الفقه, translit. Al-fiqh) is one of the fields of science in Islamic law which specifically addresses legal issues that govern various aspects of human life, both personal, social and human life with God.
Some fiqh scholars such as Imam Abu Hanifah define fiqh as the knowledge of a Muslim about his obligations and rights as a servant of Allah.
Fiqh discusses how to worship and muamalah, according to what is written in the Qur'an and Sunnah. In Islam, there are four schools of Sunni that study fiqh. A person who has mastered the science of fiqh is called Fakih.
Some fiqh experts share 4 main discussions, namely; rubu 'ibadat, rubu' mu'amalat, ru'bu munakahat, and ru'bu djinajat. However, some other fiqh experts share the discussion of fiqh in only two aspects, namely ru'bu ibadat and ru'bu mu'amalat.
Etymology
In Arabic, fiqh literally means deep understanding of something. Several scholars have elaborated that the meaning of fiqh in terminology is the deep knowledge of Islamic law obtained through the arguments in the Qur'an and Sunnah. In addition, fiqh is a science that also discusses syar'iyyah law and its relationship with everyday human life, both in worship and in muamalah.
In another expression, as explained in various literatures, that fiqh is "al-Ilmu bil-ahkam asy-syar'iyyah al-amaliyyah al-muktasab min adillatiha at-tafshiliyyah", the knowledge of practical shari'ah laws which is extracted from his detailed arguments ".
There are a number of exceptions related to this definition. From" ash-syar'iyyah "(shari'ah), the science of laws other than sharia is excluded, such as the science of natural laws, such as the earth's gravitational force.
From "al-amaliyyah" (practical in nature, practiced), the knowledge of shari'ah laws which are belief or creed, this knowledge is known as the science of kalam or knowledge of tauhid. From "at-tafshiliyyah" (detailed), knowledge Regarding the shari'ah laws which are obtained from the arguments which are "ijmali" (global), for example, regarding that the commandments contain a load of obligations, this knowledge is known as the science of ushul fiqh.
History of Fiqh
The time of the Prophet Muhammad
The period of the Prophet Muhammad is also known as the period of the treatise, because at this time the religion of Islam was only preached. During this period, the issue of fiqh was completely left to the Prophet Muhammad.
The source of Islamic law at that time was revelation from Allah and the words and behavior of the Prophet. This Treatise period can be divided into two parts, namely the Mecca period and the Medina period. The Mecca period was more focused on issues of faith, because this is where the religion of Islam was first spread. The verses that were revealed were more on issues of monotheism and faith.
After the hijrah, the verses that reveal the instructions for fasting, zakat and hajj are gradually revealed. These verses are revealed when a problem arises, such as the case of a woman who was divorced unilaterally by her husband, and then the revelation in Surah Al-Mujadilah was revealed. During this period of Medina, ijtihad began to be implemented.
The formation of fiqh at the time of the Prophet Muhammad emphasized three main aspects related to his prophetic duties. These aspects include:
- Improve people's beliefs and religions in the era of ignorance. In this mission, the Prophet Muhammad then introduced Islam as a reforming religion, and improved the system by bringing to life tauhid.
- Improving the morals of the ignorant community. Prior to the arrival of the Prophet Muhammad, the ignorant Arab community had bad morals, so that the task of the Prophet Muhammad was to improve the morals and morals of society according to Islamic values.
- Establishing rules of life in accordance with Islamic values and principles. Prior to the arrival of the Prophet Muhammad, the ignorant Arab society was full of injustice and decline, so this task then made the Prophet Muhammad formulate laws in society for the creation of civil society. It was also here that the Prophet Muhammad began to establish and cultivate Islamic fiqh.
During this time, the Prophet Muhammad applied and developed Islamic fiqh slowly in Arab society. He applied fiqh based on events or cases by taking into account the cause and effect. At that time, when people were facing a case where no solution was found, they asked the Prophet Muhammad. Then the Prophet Muhammad gave a solution based on the Qur'an and Hadith.
In this period, the companions also sometimes before asking the Prophet Muhammad, they performed ijtihad. Then the results of the ijtihad were conveyed to the Prophet Muhammad regarding his fiqh ushul. If the results of the friends' ijtihad were approved by the Prophet Muhammad, it would become the truth and if it was rejected then the Prophet Muhammad would determine the law regarding the case.
Khulafaur Rashidin's period
After the death of the Prophet Muhammad, the authorities in fiqh were friends, namely Khulafaur Rashidin. The Companions cling to two main sources, namely Ajâtul Ahkâm which comes from the Qur'an and Ahâdietsul Ahkâm which comes from the Hadith.
At that time the companions collected the traditions of the Prophet Muhammad in various parts of the country from narrators. This aims to obtain authentic traditions. The sahabts were also very careful in collecting the traditions so that the counterfeiters were not found.
Abu Bakr Ash-Siddiq and Umar bin Khattab even really filtered the narrators of hadith, the way is that the narrators who will convey the hadith must be able to present at least two witnesses who can confirm their history. If the witnesses confirm the hadith narrative from the narrator, then the narrator's narrative is accepted. However, if the heir is unable to present a witness, then the history is rejected.
During this period, the faqihs began to clash with the customs, culture and traditions that existed in Islamic society at that time. When they find a problem, the faqih tries to find the answer from the Qur'an. If no clear evidence is found in the Qur'an, then hadith becomes the second source. And if there is no clear foundation in the Hadith, then these faqihs will carry out ijtihad.
According to Ibn Qayyim's research, no less than 130 male and female faqihs gave fatwas, which are faqih's opinion about law.
The Early Growth of Fiqh
This period lasted from the reign of Mu'awiyah bin Abi Sufyan until around the 2nd century Hijriah. The reference in dealing with a problem is still the same, namely the Al-Qur'an, Sunnah and Ijtihad of the faqih. However, the process of deliberation by the faqihs that produced this ijtihad was often constrained by the widespread distribution of scholars in areas captured by the Islamic Caliphate.
Divisions began to emerge between Muslims into three groups, namely Sunnis, Shiites and Khawarij. This division had a big impact on fiqh science, because there would be a lot of different views from each faqih from that group. This period was also marked by the emergence of false traditions that fostered differences of opinion between the faqih.
At this time, the faqih like Ibn Mas'ud began to use reason in performing ijtihad. Ibn Mas'ud at that time was in an area of Iraq whose culture was different from the Hijaz area where Islam originated.
Umar bin Khattab once used a pattern in which he prioritized the benefit of the people compared to his attachment to the literal meaning of the holy book, and was used by faqihs including Ibn Mas'ud to give ijtihad in the area where they were.
