The Development of Fiqih

Thinking in Indonesia

(Perkembangan dan Pemikiran Fiqih di Indonesia)

Lecturer: Ach. Nashichuddin,M.A

By : Farah Aunil Haq (14610006)
Nur Azizah(14610007)
M.Dendy Arifanda(14610008)

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 Quran
Al-Quran introduce a law concept with the
characteristic integral, there are Sunnatullah
and Sunnah Rasulullah. With this character, the
law from Al-Quran 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-Quran. There are 4 main point :
Ibadat, Muamalat, Munakahat and Jinayat.

The idea of law which teaching by

Quran always develop time by time,
through science .
Islamic science in Quran 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 alulum al haditsati fi al-millah. Element
to form this science is Al-Quran, As-Sunnah,alijma,and interpretation and fatwas from Ulama,
Sahabat and Tabiin. Figures who put foundation
to form this science is ulama mujtahidin
Point for this science is afalul 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-syariyyat,

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 (syari).

Why fiqih in textual? Not

contextual?

Fiqih in Pesantren.
Fiqih has a good value, it is Ibadah and
Muamalah.Some situation make fiqih
cant 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 (marifat) about Allah SWT and
invisible world cant catch by human sense
2.Guide and regulations for develop potency
of kindness on human
3. 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-Quran and Sunnah.
Ijtihad product to form a great science
and totality and commonly called fiqih
science

Imam Ghazalis 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. Ibadah
2. Habit
3. Muhlikat
4. 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 fiqhs
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 syariat 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-Syafii , Ibnu Hambal, Al-Auzai, AlThabari 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 alHaramain and be great techer in
Madrasah An-Nizhamiyah in Bagdad

Fiqh Norm and Life

Environments Problems

There are 4 outline from facts human

arrangement, :
Rubul Ibadat
Rubul Muamalat
Rubul Munakahat
Rubul Jinayat

Life and Nature

Islam 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 arent 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
There are
Human as
There are
Human as

vandal
in (QS 2:30) and (QS 30:41)
creator and builder
in (QS 11:60) and (QS 1:31)
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