Powered by Blogger.

Wednesday, June 19, 2013


Allah SWT has reduced Islam to mankind through His prophet Muhammad. Islam is a universal religion containing legal rules that directly from God SWTagar man survived, both in this world and in the hereafter. Religion (Islam) and the rules (laws) are made by God is a revelation, revealed to the Prophet and His Messenger through the intercession of the Angel Gabriel. While the latter is a prophet and messenger Muhammad, peace be upon him God's revelation is, sometimes to resolve legal issues that are being faced by the Muslims at that time, and in the sciences of the Qur'an known as asbabun-nuzul or causes of revelation (verses of the Koran). At the time of the Prophet SAW, all friends of the problems faced directly asked of him. Thus, the apostle answers to these questions it is final.
At this time, the legal sources used are two, namely the Qur'an and the hadith of the Prophet which is empirisasi and interpretation as well as the implementation of God's revelation SWT.Seiring with the death of the Prophet Muhammad SAW, expansion of the Islamic empire, the Prophet's companions scattered into various region, and many of the friends who died in battle, the Muslims got a new challenge in the field of law, because sometimes the problem (legal) facing no law in the al-Quran and al-Sunnah, and in order to resolve legal issues facing the new, the Companions are always air-ijtihad, and they can easily find the legal issues that are being faced by the Muslims at that time because the companions are very familiar with the techniques Prophet air-ijtihad. Results of the ijtihad of the Companions, if not contradicted by other companions of the Prophet, it is considered ijma 'of the Companions. Conversely, if the results of the Prophet's companions ijtihad was denied by the other companions of the Prophet, the Companions of the Prophet ijtihad results can not be considered as ijma 'of the Companions, but only the personal opinion of the Companions of the Prophet about the issues (legal) specific. Thus it is apparent that the source of Islamic law at the time only three companions, namely: the Qur'an, the Sunnah and ijma 'of the Companions. Future is still being decided, the companions of the Prophet began to die, then the authority tasri 'fall into the hands of later generations tabi'in tabi' tabi'in and so on. Such stages are owned by the Islamic Law. Seeing this phenomenon, the author tries to discuss a little about why Islamic law could be developed to follow the changing times and time. Characteristics of Islamic Law Is For The rapid development of Islamic law Any law certainly has the traits and characteristics that distinguish one from yet others. Therefore, the authors try to explain a little about the traits and characteristics (khasha-ish) of Islamic law in order to sustain the rapid development of Islamic law.

2. Islamic law has its own characteristics, different from Western Law and Indigenous Law, yaitumempunyai multiple dimensions, the first dimension of Shari'a (has a characteristic revelations) and fiqh (characterized by persuasion), second, the divinity and humanity (iman and ihsan or faith and morals), Third, universal Islamberwatak Law (beyond space and time, including in the areas of worship and Muamalat in a broad sense, retaliation or sanctions the world and the Hereafter) and contextual (dynamic, flexible). 1. Sharia and Fiqh characteristic dimensions of the first, in the language of Mohammad Daud Ali (1996), has two key terms that (a) law and (b) jurisprudence. Shari'a consists of the revelation of God and the Sunnah of the Prophet Muhammad and fiqh is understanding, and the result of human understanding of the Shari'a. As the writer explained earlier in the Introduction, can not be equated with the Shari'a jurisprudence, but both can not be separated. Shari'a which is derived from the revelations of Allah (the Qur'an) and we SunnahNabi Muhammad SAW (Al-Hadith) are tsabat (fixed) whenever and wherever. Whereas fiqh is tathowwur (constantly evolving) because it is the result of human understanding of the Shari'a. By the nature of the Shari'a tsabat Allah will remain valid throughout the period and tidakseorang ever able to replace it. While the nature of fiqh that tathowwur, makamenunjukkan that Islamic law is flexible (not rigid) in every condition and situation of the community and keep abreast of the times. However, keep Quranic Law. Lies the power of Islamic law in its purity because it is derived from the revelations of Allah without interference from the power of human reason. While the jurisprudence itself is a means of understanding the process of establishing Islamic law through the power of human reason. Whether it's understanding of revelation directly or indirectly. This is where the flexibility of Islamic law when given the opportunity to discuss issues muamalahkita for ijtihad (gate of ijtihad was not closed) and the Qur'an itself only discuss this issue globally muamalah alone. 2. Divinity and humanity syahadatain phrase "asyhadu allaailaha illallah" is not only associated with monotheism alone (not faith only). However, this expression also contains a law which if transferred to the bahasahukum will read "no law except the law of God". Sources formulation of this sentence is al-Quran surah al-Anam verse 57, which reads: Say: "Behold, I was on a real proof (Al Quran) from my Lord, are you rejected him. Did not exist to me what (punishment) which you ask be hastened its arrival. establish the law of God is just right. Actually He explained that he and the giver of good decision ". also in Surat Yusuf verse 40 and 67, which reads: You do not worship besides Allah except only (worship) the names of you and your ancestors invented it. God did not send down a keteranganpun about those names. That decision belongs to God only. He has commanded that you worship none but Him. That is the right religion, but most men understand not. "(Surah Yusuf: 40)

3. And Jacob said: "O my sons do not be (together) go from one gate, and enter the gates of the divergent-other, and yet I can not melepaskankamu goods at all of the (fate of) Allah. Decision set (something) is just the right God, to Him I place my sole trust and let Him be the people who surrendered sole trust. "(Surah Yusuf: 67) Islamic law that Allah created not for the sake of Allah SWT. However, it is done for the sake of the man himself. The law was created to regulate human life and Allah's certainly better to know the interests and needs of people both in the form of kebutuhankepercayaan (creed), ritual (worship), to the needs of individual and social life (Muamalat). To all human needs are met, then Allah Almighty has provide the perfect infrastructure and provide a way of life (law) is perfect for kebahagiaanmanusia. From this we can conclude that Islamic law was very concerned about the humanitarian characteristics that Allah gives guidance to human life, whether it be faith, worship, and Muamalat. If we already know the fact that the God who created the law, then it is our obligation to carry out and implement the law of Allah. Implementation was not for us personally but, for Allah SWT in terms of carrying out God's law by the name of Allah SWT. 3. Universal and Contextual Islam is universal (Alamy), includes all human beings in this world, is not limited by sea or limit any State. This is based on the word of Allah in the letter Saba verse 28, which reads: And we have not sent you but to all mankind as a news bearer and a warner happy, but most humans not Know. And also the word of Allah in Surat al-Anbiya verse 107 which reads: And We sent thee not, but for (a) a mercy to the worlds. By Therefore, in the period of Makkah, where the Prophet Muhammad was still focused on his message of monotheism in particular and faith in general, we refer to the verses of the Qur'an is generally used call Yes Ayuha nNas (O mankind) to include anyone and anywhere . However, the laws though not limited by sea and land, but in general, especially regarding worship, specifically only for the Muslims only. Therefore we look at the verses of the Qur'an down the Medina period in which Islamic law has begun mentasyrikan, call l-utilized Yes Ayuha Ladzina Aamanu (O ye who believe). Example appeal to all peoples of the word of Allah Tawheed in surah Al-Baqarah ayat21-22, Surat an-Nisa verse 170. Another example of the law, among others; Allah says in surah Al-Maidah 1s / d 3 and the word of Allah in surah Al-Maidah verse. Universality of Islamic law can be seen from a qualitative aspect, which is about space and time, and
4. lasting effect. From the quantitative aspect, ie Islamic law, the legal basis and framework ditetapkanoleh God, not just regulate human relationships with other humans and objects in society, but also regulates the relationship of humans with God, man's relationship with himself, and man's relationship with the natural surroundings . Islamic law, which is the basis and legal framework established by God, not bound by nationality, (nationalism), ethnicity, class, rulers, people, sex (male and female), boundaries or geography (in terms of space). Similarly, not bound by time and waktu.Hukum Islam, in addition to universal also have contextual character. Character of Islamic law, according to Yusuf Qaradawi based on the rules and patterns of human thinking. Among the rules and patterns of thinking that are: 1. Ease, and eliminates the trouble; 2. Attention to future phases; 3. Down to the reality of the ideal value in emergency situations; 4. Everything cause harm or misery the people must be eliminated; 5. Kemudlaratan not be eliminated by kemudlaratan; 6. Kemudlaratn that are typically used for general kemudlaratan; 7. Kemudlaratan light used to resist heavy kemudlaratan; 8. Circumstances forced to facilitate an act or acts forbidden; 9. What is allowed by necessity, measured according to the size required; 10. Adversity brings ease; 11. Close the source of damage precedence over bringing kemaslahatan.Meskipun Thus, there is other literature that characteristics of Islamic law that is most important is six, which is protected from forgery and human interference (al-hifdzu min at-tahrif); universal and comprehensive ( as-syumul); were moderate (al-wasathiyyah); according to age (al-waqiiyyah); clear and plausible (al-wa al-uqlaniyyah wudluh), and the merger between tsabat terakhiradalah and tathowwur (al-Baina herbs as tsabat wa-at-tathowwur). But the real meaning is not much different from the distribution of the three traits as we explained above. Because in these explanations have included the six traits mentioned that other literature. Looking at the characteristics of Islamic law above, it is very natural that Islamic law is constantly evolving to follow the change in time and era. He is a universal law, regardless of anyone. He is revealed to all mankind. Do not look ethnic, tribal race, class, social strata. Islamic law also gives the flexibility of a big share that Islamic law was righteous likulli times and eating. Thus, Islamic law itself was instrumental in codifying and development of Islamic law itself, namely through such characteristics that had author mentioned above. Cover
5. From the brief description above, I can conclude that it is essentially the traits and characteristics of Islamic Law that there are three, which has a double dimension, the first dimension of Shari'a (has a characteristic revelations) and fiqh (characterized by persuasion), second, the divine and humanity (faith and charity or faith and morals), third, the universal character of Islamic law (beyond space and time, covering the areas of worship and Muamalat in a broad sense, replies or sanctions the world and the Hereafter) and contextual (dynamic, flexible). these characteristics which then makes Islamic law continues to tune and line and always in accordance with the times and the times keep rolling. And Allaah knows best bisshawab...


Post a Comment