FIQIH | SUMBER HUKUM ISLAM YANG MUKHTALAF

Summary

This video presents a discussion on Islamic legal sources and concepts, covering topics such as the classification of legal tools (Zariah), the concept of 'huruf' or legal evidence, and the teachings of previous scriptures before Islam. It explains the four types of Zariah, as defined by scholars like Abu Ishaq Al-Syatibi, and introduces the idea of 'huruf'—traditions used in Islamic law based on societal practices. The video also touches on the concept of 'syariat' before Islam and the importance of the teachings from previous prophets like Moses. Additionally, the role of Sahabah (companions of Prophet Muhammad) in shaping Islamic legal thought is explored. The session concludes with a reflection on the different schools of thought regarding these issues.

Takeaways

• 😀 The video begins with a greeting and introduction to the topic of Islamic legal sources and its subdivisions.
• 😀 The speaker introduces himself as Arya Maulana and invites the audience to recite Basmalah before starting the material.
• 😀 The first topic covered is the definition and classification of Azariyah, which concerns preventing actions that lead to harm or corruption.
• 😀 Azariyah is divided into four categories: actions that cause certain damage, actions that are neutral but may cause harm, actions that usually cause greater harm than good, and actions that may cause minor damage.
• 😀 Abu Ishaq Al-Syatibi divides Azariyah into four types based on their likelihood of causing harm or corruption.
• 😀 The second major topic is the definition and classification of Huruf (legal evidence), which includes traditions, customs, and verbal expressions used in society.
• 😀 Huruf is categorized into two types: those based on continuous practices (Usul Ma'li) and those based on verbal expressions (Oviposition).
• 😀 Huruf can be classified as either beneficial and accepted by society (proof Shahih) or harmful and contrary to religious teachings (proof Acid).
• 😀 The speaker also discusses the concept of Man Qoblana, referring to legal traditions from before the arrival of Islam, such as those in the teachings of previous prophets like Moses.
• 😀 Man Qoblana is divided into three types: those accepted by Islamic teachings, those rejected, and those with ambiguous status.
• 😀 The video concludes by discussing the status of Sahabah's (companions of Prophet Muhammad) opinions, highlighting that their consensus and statements are considered legal evidence by many scholars.

Q & A

What is the definition of 'zariyah' in Islamic law?

In Islamic law, 'zariyah' refers to actions or means that could lead to harm or corruption. It is a concept used to prevent actions that might result in harmful outcomes, even if those actions are not directly harmful in themselves.

How does 'zariyah' relate to the prevention of damage in Islamic law?

'Zariyah' is categorized into four types based on the level of harm it may cause. These include actions that certainly lead to harm, those likely to cause harm, those with occasional harm, and actions that bring lesser harm than benefit. The purpose is to prevent damage by addressing potentially harmful means.

What are the four categories of 'zariyah' as discussed by Abu Ishaq Al-Syatibi?

The four categories of 'zariyah' according to Abu Ishaq Al-Syatibi are: 1) Actions that certainly bring harm, 2) Actions likely to bring harm, 3) Actions with occasional harm, and 4) Actions with less harm than benefit.

What is the difference between 'huruf' and 'maqasid' in Islamic jurisprudence?

'Huruf' refers to customs or established practices that society uses as a basis for actions, while 'maqasid' refers to the higher objectives or purposes of Islamic law, such as justice, welfare, and the protection of essential human rights.

What does 'huruf' mean in the context of Islamic law?

'Huruf' refers to practices or customary laws that are accepted and followed by society. It can be divided into two types: 'pulsa malih,' which is based on continuous societal practices, and 'ofulasi,' which refers to habitual expressions or words used in society.

What are the different types of 'huruf' mentioned in the script?

There are two types of 'huruf': 1) 'Pulsa Malih,' based on continuous practices in society, and 2) 'Ofulasi,' which involves habitual expressions or words used in daily life.

What is meant by 'shariah qablana' and how does it relate to Islamic law?

'Shariah qablana' refers to the laws or commandments sent by Allah to previous communities before Islam. These laws are considered valid until the advent of Islam and are understood to include the teachings of prophets such as Musa and Ibrahim.

What are the categories of 'shariah qablana' based on the script?

The categories of 'shariah qablana' are: 1) Laws that are not considered part of our shariah, 2) Laws that are considered part of our shariah through the Quran and Sunnah, and 3) Laws for which there is no clear indication, but they are applicable in specific circumstances.

What is the definition of 'sahabi' and who is considered a sahabi?

'Sahabi' refers to individuals who were companions of the Prophet Muhammad (SAW), spent time with him, and died while being Muslim. This includes anyone who met the Prophet, believed in him, and passed away in Islam.

How does the consensus of the sahabah (companions of the Prophet) affect Islamic jurisprudence?

The consensus of the sahabah is considered a strong source of Islamic jurisprudence. Their statements and actions, especially when agreed upon by multiple companions, are seen as authoritative and can be used as evidence in determining legal rulings.