Ushul Fiqh

Fiqh and Ushul Fiqh are two inseparable sciences. Both appear together. However, Fiqh Science was first codified. If Ushul Fiqh focuses more on a general theoretical foundation, then Fiqh is more focused on the practical level. Both also have similarities, namely seeking legal provisions of syar'i. The scholars agreed that Imam Syafi'i was the founder of this discipline. Mustafa Abdul Raziq (2006: 239) dubbed Imam Syafi'i the first philosopher in the Islamic world.
Imam Syafi'i
Imam Syafi'i was born in Asqalan, a small village in Gaza in 150 H, to coincide with the year of Abu Hanifa's death. That said, Nasab Imam Syafi'i met the Messenger of Allah. Born in an orphanage, his mother was unable to pay the teacher to teach him. However, Syafi'i is still allowed to take lessons from his teacher. I was so poor, he was willing to write his memories on the bones and midrib dates. His intelligence appears at the age of 7 when he memorizes the Qur'an. His teacher at that time was Shaykh Ismail the son of Qostantin. Entering the age of 15, Syafi'i was allowed to give a fatwa by Muslim bin Khalid Zanji. He also learned a lot from the scholars in Makkah in various disciplines.
Syafi'i's journey to study in Medina was welcomed by Imam Malik. Initially, Imam Malik refused because he was too early. However, after seeing Syafi'i able to master al-Muwata 'very well, the Imam accepted it. For 16 years, Syafi'i accompanied Imam Malik until his death. The knowledge taken from Imam Malik is the initial capital for Syafi'i in istinbat to the texts. After receiving his education in Madinah, Imam Syafi'i studied science in Iraq to Muhamad bin Husain al-Saibani who was also a disciple of Abu Hanifa.
Manhaj istimbat Imam Malik in Madinah who relied on hadith rather than rationality and rationalist thought of Muhammad bin Husain al-Syaibani was the strategic place of Imam Syafi'i in combining two methods at once. This is one of the special features of Shafi'i among the four Islamic priests. The emergence of the book of al-Risalah began when Abdurahman bin Mahdi asked Imam Syafi'i to write a book that contained mansukh narratives, acceptance of the news of Ahad, and relating to the knowledge of the Qur'an. Imam Syafi'i himself never named the book al-Risalah. He more often said "Kitab", "my book", and "our book." Kitab al - Risks written by Imam Shafi'i for two times, which was first compiled in Makkah (Minutes of Qadimah) at the request of Abdurrahman al-Mahdi, one the priest of the hadith in the Hijaz, and the renewed Minutes of Eid in Egypt. Kitab al-Risalah Jadidah is the last manuscript that reaches us, the old text of his book has disappeared and it is most likely that he inserted the discussion material on the Risale Jadidah.
Ushul Fiqh Post Imam Syafi'i
After Imam Syafi'i laid the foundation of the knowledge of Ushul Fiqh, the scholars who came later tried to scour the book of the Risale. It was noted, Ibn Sirij, Abu Bakr Muhammad bin Abdullah Soirofi, Abi Walid Hasan ibn Muhamad Naisaburi, Ibn Qaththan, Imam bin Muhamad Ali Qaffal. After that, two big names emerged which according to the scholars greatly influenced the books of Ushul Fiqh in terms of authorship, namely Qadhi Baqilani al-Asy'ari and Qadhi Abdul Jabbar Mu'tazili. Al-Baqilani has a very large role in building the Mutakallimin methodology, one example is opposing Mu'tazilah in incorporating the doctrine of kalam, also his role in overcoming the two methods of Syafi'i and Hanafi which co-opt kalam as its trandmark.
The fifth century Ushul Fiqh had begun to flourish since Imam Haramain al-Juwaini took many benefits from the book of al-Baqilani entitled at-Taqrib wal Irshad. Al-Juwaini himself has three works: Al-Waraqât (directed by Jalal al-Mahali, Talkhis, and al-Burhân (directed by al-Mazrid in the book Fiqfi Idhohil Mahsul min Burhânil Ushûl).
Qadhi Abdul Jabar had the book al-Amd which was directed by his own student, Abul Husain al-Basri and gave birth to the work of al-Mu'amad. Kitab Mu'amad was also responded well by Qadhi Abu Ya'la in his book, al-ʻUdah min al-Mu'amad. Abu al-Hitab and Abu al-Wafa 'bin Aqil were students of Abi Ya'la who each wrote the book of Al-Tamhid and al-Wadhi fî Ushûl al-Fiqh. Among Ibn Aqil's students who were quite productive was Ibn al-Barhan, author of the book al-Wushul ilal Ushul who also inspired Shaykh Islam Ibn Taymiyyah to compose the book al-Musawadah.


After the Imam Juwaini era, there emerged a name like Imam Ghazali which was more or less influenced by Qadhi Baqilani, Qadhi Abdul Jabar, Abul Husain al-Basri, and Imam Juwaini in his work al-Mustasyf. Ibn Khaldun praised al-Mustasyf as the best book ever written in Ushul Fiqh beside al-Burhan by Imam Juwaini. The book Mustasyfa itself is summarized by Abu Walid bin Rusyd (595), grandson of Ibn Rushd, in his book, Dharuratu fi Ilmi Ushûl and Ibn Rashiq (632) in Lubâbul Mahsûl fil Ilmi Ushûl. In addition to these two scholars, Ibn Qudamah mentashihnya in Raudhatunnâdhir and was directed by Soffiyuddin al-Hanbalidalam Qawâ'idul Ush wal wa Maâqidul Fushûl. Syamsuddin Ba'lidan, his student, Tufi, was even more special because he was able to summarize it for 10 days in the matan Ghayatul Itqân. Matan Gayatul Itqân became the reference material for Ala’udin Kanani Asqalani in Sawadunnâdhir wa Siqâqu Raudatunnâdhir. Not to miss Ibnu Badran and Amin Syanqiti, commenting on Tufi's essay in the Nujhatu Khatir.
The Book of al-Mustasyf's work by Ghazali received great attention after generations, such as Khatib Bagdhadi in his work, Faqih wal Mutafaqih, although the contents also contain many discussions of hadith, but the Ushuliyah rules are also rare in this book. The back of Bagdadi in Faqih wal Mutafaqih is al-Risalah by Syafi'i and Tabshîrah by Syairozi which became the forerunner of the emergence of Allumâ '. In addition to Khatib Bagdadi, this generation also gave rise to names such as Sam'ani in his book, Qawâtiul. It was a match against the book Taqwimul Adilah belonging to Abu Zaid Dabusi. Syahrawardi's Attankihât also appeared in this generation.
Imam Fakhrurazi and Saifuddin al-Amidi are two big names after Ghazali, each of whom has the work of al-Mahsûl whose characteristics are istidlal and mu'aradah and almost have manhaj which are different from the previous books. Al-Mahsûl gave birth to the books of Tajuddin Armawi, al-Hâsil minal Mahsûl and at-Tahsil minal Mahsûl by Sirajuddin Armawi. Among Armawi's students who took the method of his teacher were Abdullah Muhamad bin Abad al-Asfahani, Najmuddin Qaswani, and Tibrizi. Imam Qarafi al-Maliki also has an essay from Nafâisul Ushûl, Tankihkul Fushûl fi Iinjauil Mahsûl. Saifudin al-Amidi has a well-known work in Ushul Fiqh, including al-Ihkam fi Usulil Ahkam as a study of the book Mustasyfâ, Muhammad, and Mahsûl.
After Amidi and Fakhrurazi, Ibn Hajib appeared with his book Muntahasûl wal Amal fi Ilmi Ushûl wa Jadal. Imam Baidhawi, who attacked al-Hasil and Mukshtasar, later gave birth to the book Minhajul Ushul which became the dictate at various Islamic universities in the world. Whereas the one which is the Baidhawi Minhaj book is the student of Fakhruddin Jaribridi in Siraj al-Wadaj. Imam al-Asnawi in Zawâidul Ushûl ‘ala Minhajil Ushûl who became the dictate in the Islamic sharia faculty of al-Azhar. Tajuddin Subhi addressed Ibn Hajib's book which was divided into two books, Raf'ul Hajib anibni Hajib and Ibhaj fi Syarhil Minhâj.
After al-Subhi arrived Imam Badrudin Zakarsyi with his very comprehensive book on various issues related to Ushul Fiqh, his students themselves continued their relay, namely Barmawai in his book, Nabdhah Alfiyah Ushûlil Fiqh and his book entitled Tahrir. Imam Syaukani from San'a, Yemen, gave birth to the work of Irsyadul Fuhul ila Tahqiqil Haq min Ilmi Ushûl (directed by Sadiq Hasan Khan who incidentally was his own friend in the book Ikhtisharil Irsyâdul Fukhul fi Khusûlil Ma’mul.
So little is the sketch of the history of the emergence of the science of Usul Fiqh and the primary books of the Mutakallimin school. Characteristics of writing this method prioritize analysis or theoretical formulations without looking at differences or similarities to the problem of furu'iyah and trying to avoid bigotry towards the school. It is also noted that the Mutakallimin Tariqah has an inductive study methodology for texts. Among the adherents of this method are Syafi'iyah, Mu'tazilah, and Malikiyah.
The Hanafiyah method or known as the fuqaha method raises the name Isa bin Abandalam in his work, Istbatul Qiyas, Khabarul Wakhid, Ijtihad ar-Ra'yu, Ishaq Syasi in the book of Ustadh Asyâsi, Abu Manshur al-Maturidi in his book, Min Akhdi Syara'i fil Ushûl, Abdullah Karakhi in the book of the Risale fi Ushûl. The most famous books include Ushul Karakhi by Abidillah bin Khusain al-Kharahi (340), Ush al-Jasas by Abu Bakar Ahmad bin Ali Rozi. There were also books of Ush Bazdawi and Kanzul Wushul ila Ma'rifatil Ushul by Bazdaw. Abi Zaid Abdullah bin Umar al-Dabusi had a phenomenal essay, Taqwîmul Adillah, which had been praised by Ibn Khaldun as the best apostle in Ushul Fiqh in addition to Mustasyf by Ghazali.


In the seventh century there were many writing systems using accommodative methodologies. Named accommodative reporting system, these books discuss ushuliyah rules which are supported by logical argumentation, then conduct comparative analysis studies. Among the books written by the ulamas are: Badi'unnidham al-Jami 'by Ushull Bazdawi wal Ahkâm by Mudfiruddin bin Ali Aaati, Tankhihul Ushûl by Abdullah bin Mas'ud al-Hanafi, Jam'ul Jawami' by Tajuddin bin Subkhi and Taqrir wa Tahbir by Muhamad Amirul Haj Halbi. Next generation Muhibudin bin Abdussukur arrived in the Muslim book al-Subut, and amah Allamah Abdul Ali bin Nidhamuddin in his book Fawatihurrahmah bi Syarhil Muslim ats-Tsubût.

Discourse on the reconstruction of Ushul Fiqh is an interesting theme to study. Besides being 13 centuries old, since Imam Syafi'i wrote the book ar-Risalah, Ushul Fiqh actually has undergone many fundamental changes, such as the methodology of writing and discussion of the material. The urgency of renewing this knowledge has implications for the constellation of Islamic law and because Ushul Fiqh is a science of human creation that is not sacred.
The creed of renewal of Ushul Fiqh which is believed by Muslim intellectuals is manifested in the hadith narrated by Ahmad bin Hanbal which means: "Verily Allah will send every 100 years to this people who will renew (understanding) their religion." The scholars say at least that the first era mujaddid in Islam was Umar bin Khattab, then came the second hundred years of Imam Shafi'i, who claimed the scholars occupied the position. In the 20th century came a famous mujaddid from Nejd named Muhamad bin Abdul Wahab who was famous for purification in the field of monotheism. Keep in mind that the mujadid brought by Allah SWT in one hundred years is not only represented by personal, but also can be shaped in an institution or organization.
Dr. Yusuf Qaradawi said that the knowledge that emerged from the womb of the people was very possible to be reconstructed. If knowledge such as Fiqh, Sufism and Interpretation can be updated, why is the science of Ushul Fiqh not?
The same thing was confirmed by Dr. Ali Jum'ah Muhamad in his book, Aliyat al-Ijtihâd, he said that it would be ironic for people who mastered Ushul Fiqh and Fiqh simultaneously, but he only knew the theory and system of teaching and nothing more. He also said that Ushul Fiqh must be a problem solver - this people in solving contemporary problems. Ulama who once criticized Ushul Fiqh for a review was Imam Asnawi.
The idea of ​​renewal has been increasingly carried out by academics in this field, one of them is the Egyptian reformer, Refa'at Tahtawi. Although generally pinned on reforms that are for all branches of science, but his book entitled al-Qaulu Sadid fi Tajdid wa Taqlid is quite astonishing to many circles. Not to mention the demands for reconstruction among Cairo University lecturers in the early 20th century. The theme carried out in the reconstruction discourse is only about the systematic rewriting of Ushul Fiqh, because this will facilitate students in the study of Ushul Fiqh.

It's different from what Hasan Turabi said. According to him, Ushul Fiqh is currently not relevant to the times. According to Hasan Turabi, Ushul Fiqh classical is the answer to the problems of the people who developed at that time. This one figure is one that is very intense in voicing tajdid Ushul Fiqh. For him, Ushul Fiqh must be more accommodating to contemporary problems. The stagnation of the spirit of the Islamic ijtihad increasingly frowned the Orientalists' forehead which led to an assumptive conclusion that this science grew and developed in response to the problems of the earlier people. To instruct the science of Ushul Fiqh in order to achieve Islamic renewal there must be a supplement of Western social sciences that would actually reconstruct the epistemology of Islam in Ushul Fiqh.
The discourse was later denied by Muhamad Said Ramadhan Buthi who said Ushul Fiqh and Islamic sciences did not appear as answers to the problems that existed at the time, such as economic, political, social issues, and so on. Sciences Ushul Fiqh was born axiomatically, and was the result of the understanding of the scholars on texts. A question arises, if the contemporary problem continues to develop, does Ushul Fiqh also have to adjust? This knowledge, according to Muhammad Said Ramadhan Buth, is very difficult to reconstruct, especially if viewed in terms of its contents because the land itself is the Qur'an and Sunnah. Reconstructing this science is tantamount to doing the final results.
Among the causes of the rise of the idea of ​​the reconstruction of Ushul Fiqh, according to Sheikh Abdul Fadhil Abdu Salam, is that this knowledge seems unproductive if faced with new problems due to several factors: first, the breaking of the series of mutaakhirin books with books written by salaf scholars, causing the spread of their books (mutaakhirin) and must begin the discussion from the beginning. Secondly, the spread of blindness and fanaticism in the problems of the Islamic Law itself. Third, the absence of real attention to this knowledge is due to the words "the closure of the door of ijtihad" and it causes intellectual sterility and feelings that are quickly satisfied by the reviewers of the science of Usul Fiqh. Fourth, the liberation of the discussion of Usul Fiqh with Fiqh, and each ushuliyyun differed in view of the Fuqaha, so that the message spread "not every ushuli is faqih" and "not every faqih is ushuli", as happened to Mutakallimin. Fifth, the science of Ushul Fiqh in fact is more mastering things that are theoretical than the practical level as in Fiqh. This actually resulted in this knowledge being barren and not producing Fiqh products, so that it became a burden for students to explore this science. Sixth, there is a lot of repetition of material in Ushul Fiqh so that we often encounter the same discussion in taking samples. Seventh, the fact that the science of Ushul Fiqh is the most difficult science among other Islamic sciences, this is recognized by experts and instructors of Ushul Fiqh. Eighth, Ushul Fiqh was too long-winded in discussing the problems of kalamiyah, as well as discussions such as language that had no connection with this knowledge, thus making it increasingly difficult for people who study Ushul Fiqh. Ninth, the weakness of attention to the qaidah ushuliyah so that often the occurrence of errors in applying qaidah ushuliyah with qaidah fiqhiyah.
Some of the examples above are a few problems that are also often complained by some contemporary scholars of the classic Ushul Fiqh. However, some of them are pessimistic that the Ushul Fiqh can be reconstructed, considering the study of the classic Ushul Fiqh is even more detailed and detailed in the aspects of death.


Alternative Solution for Tajdid
There are several alternative offers to review Ushul Fiqh, including what was written by Abdussalam Balaji and Dr. Ali Jum'ah Muhamad. First, rearrange the writing system of Ushul Fiqh with a method that is simpler and easier to understand by the general public considering that this science is one of the greatest sciences ever born by Muslims. This method was also carried out by Dr.Mustofa Syalbi to students at various Islamic universities. In addition to rearranging the writing system, the contents of the reconstruction materials need to be reviewed, such as removing expert debate and making easy-to-understand definitions. Another element that needs to be added is to include new sciences that are considered very important, such as maqashidsyariah, qawaid, furu 'and takhrij. Second, the need to incorporate other sciences in the Ushul Fiqh is a kind of science related to social society or better known as sociology. Third, the bookkeeping of Ushul Fiqh should be adjusted to contemporary accounting and discarding discussions that have nothing to do with Ushul Fiqh. Fourth, developing themes in the Ushul Fiqh, such as ijtihad and ijma 'were formed in formal institutions, the use of Ushul Fiqh methodology in the social sciences, making the maqshid sharia as a foundation in the practice, and redeveloping the legal sources used such as (adawat, manahij and mashadir) and frame it in a better format.
Dr. The victim Muhamad Ismail has several ideas about the reconstruction of Ushul Fiqh which are substantially the same as those which were discouraged by Ali Jum'ah and Abdussalam Balaji. First, tajdid means the development and expansion of the science of Ushul Fiqh, as well as inserting knowledge that supports it. If you examine the roots of the genealogy, Ushul Fiqh actually has reached that level. In addition to writing the book Ar-Risalah, Imam Syafi'i has also written the book Jima'ul Ilmi, Ikhtilaful Hadith, Ibtalul Istihsân, as an extension of the book ar-Risalah.
Second, another form of tajdid is purification, judgment, and selecting discussions that are debated among scholars. This is important considering that rarely khalaf scholars are critical of the work of their predecessors, so that they do not leave a trace. Until the emergence of Imam Syaukani (1255) in his work, Irsyadul Fuhul fi Tahqiqi Ilmi Wusûul, who tried to criticize several books then said, "Do not let anyone think that all the rules of ushuliyah are all qhat'i that should not be touched by human ijtihad. He also explained which problems were not allowed to occur and which allowed mistakes.
The history of the formation of Ushul Fiqh is the largest intellectual treasure of Muslims, considering that the efforts of the previous ulemas in istimbatat will not be separated from experience, appreciation, and hard work on their classic books. Our attitude towards turas must be in the right and fair corridor. We appreciate the works of past scholars, but are still critical of what they build, because all the words may be taken and may be abandoned except the Messenger of Allah. Knowledge and good reading of history will certainly lead to good understanding. Quoting the words of Rajib Sarjani, "the history of Islam is a hidden pearl that must be issued by this people.