Ijtihad HUMANITY

REVELATION and THE ROLE OF

COMMON FROM AGE TO AGE
sources of law in Islamic law
 Al- Qur’an

 Hadist

 The third, There are four laws that madhhabs

scientists are still influential today.
They are ..

1. Imam Abu Hanifah,

2. Imam Malik ibn Anas,
3. Imam Muhammad ibn idris alSyafi'i,
4. Imam Ahmad ibn Hambal
1. Imam Abu Hanifah
 The third thought is greeting the Prophet's
companions. because they lived with the prophet and
know the situation when the revelation was revealed.
 The fourth said was Qiyas or deduction analogy,
searching for similarities between the cases were not
known to the law with existing case law. if it is less close
to the analogy shown, that he would wear IHTISAN
method, namely to find the best solution.
 The next is the IJMA is a consensus between the
mujtahid

2. Imam Malik ibn Anas

 The third source is what is done by the
occupants of madina. And the Fatwa of the
companions of the Prophet.
then Qiyas, Ishtishlah, and Ihtisan. ishtishlah
approach is to find the law more in line with
legal interest.
3. Imam Muhammad ibn idris alSyafi'I
madhhab says Baghdad or alQawl and alQadim is
the source of Islamic law. He opposes Ihtisan
approach, because he basically ihtisan is a legal act
performed by humans with totally separated from
the Al Qur’an and Hadith

4. Imam Ahmad ibn Hambal

according to him, the third source of law is the fatwa
of the companions of the Prophet, which is not
rejected by fellow friend, that distinguishes it from
others is his to take or choose a fatwa that is closer
to the spirit of al quran and hadith.
the fourth is, the hadith hadiths mursal narrated by
tabi'in or second generation with no mention of
where the hadith is acceptable companions.
 Deviation to NASH in HISTORY

1. Umar Ibn Khaththab

 Ghanimah division (booty)
 Distribution of Zakat to Muallaf
 Divorce
 Sales Umm al Walad
 Penalty for Thieves
 The punishment for perpetrators Zina
 Ta'zir
b) Prisoner Problems Badr
c) Treatment of the Corpse Abdullah ibn Ubay ibn Salul

2. ‘Umar Ibn ‘Abd al aziz

if there is non-Islamic society that is protected killed. it
will be paid as great as the diyat for a Muslim.
at the time of the Caliphate Mu'awiyah submitted only
fifty percent of the families of the victims. This is different
to the Sunnah of the Prophet which was followed by the
caliphs.

3. Abu Yusuf al Hanafi

He argued that an essentially old nash customary, then it
has changed the traditional autumn also legal provisions
contained in the texts.
 4. Izz al din Ibn A. salam al syafi’I
he said "every effort should be focused or
be returned to the benefit of man, the world
and the hereafter. God does not need our
worship, He was not lucky because the
faithful observance, and vice versa are not
disadvantaged by perbutan immoral of
them are transgressors."

5. Al thufi al Hanbali
according to him, though infidel rulers
is fair better than the rulers who did
not dil although islam
 6. Muhammad ‘Abduh
by Abdul, when there is a collision between
Nash and ma'qul or the results of reasoning. it
should take the results of reasoning

d. al qur'an and Legal Change

e. Rule Fiqhiyah

f. The role of sense of Revelation

THANK YOU….