Syakh Waliyullah al-Dahlawi

al-Dahlawi and his understanding to sunnah*

Written by: Ahmad Muzaqqi (114211062) and Arina Rokhil (114211063)

BIOGRAPHY

Source: halaqah.net

Syakh Waliyullah al-Dahlawi’s full name is Qutb ad-Din ash-Shah Ahmad ibn 'Abd ar-Rahim ibn Wajih ad-Din ibn al-Shaheed Muqaddam ibn Mansur ibn Ahmad ibn Mahmud al-Din ibn Qiwam. He has a genealogy link up to one successor (shahabat) and leading caliphate, Umar ibn al-Khattab al-Faruq. Therefore, most authors add his name to al-Umar al-Faruq. (al-Dahlawi: 1740, p.6)

Al-Dahlawi was born on 4 Shawwal 1114H/1703M in Delhi and died in 1176H/1762M. His father was a Sufi and a famous scholar who had madrassas, which later was named Madrasah Rahimiyah by al-Dahlawi. (Teologia v.14: 2011, p.17)

Looking at his name which uses “syakh”, it indicates that he was from respectable families. The title “Wali Allah” and “Qutb ad-Din”, according to the credible story, was given by his father, Syakh Abd Rahim, having previously often dreamed that he would be given a godly son. Even that notice was not just get through a dream, but also came with a man named Qutb ad-Din Bakhtiyar Ka'ki is regarded as a guardian (wali) of the most prominent. Furthermore Bakhtiyar ka'ki asked Shah Abd ar-Rahim, that his children would be named “Wali”. After his son was born, Bakhtiyar’s request is realized with giving name of Qutb ad-Din who later and known in adult as the Wali Allah.

With the knowledge provided by his father, al-Dahlawi grew as a person who was able to teach all aspects of the Islamic teachings. When he was 5 years old, he had pursued his father's madrasa science and he has learning the Qur'an by heart completely when he was 7 years old. In the 1731M, he went to the Hijaz to deepen the religious sciences such as hadith, fiqh and Sufism to translate the Qur'an into Persian, an effort that is still taboo at the time.

On year 1145H, Al-Dahlawi back to india, exactly 14 months after living in the Hijaz. With the power of science and his confident even with spiritual experiences he get during gentleness in Makkah, he began to grow aggressively reformer in India.

 Among the most important works of al-Dahlawi are:

• Hujjat Allah al-Baligha

• Al-fawz al-Kabir fi proposal at-Tafsir

• Al-Insaf fi Bayan al-as-asbab Ikhtilaf

• 'IQD al-Jid fi Ahkam al-Ijtihad wa at-taqlid

• Tarajim Abwab Sharh Sahih al-Bukhari

• At-Tafhimat al-Ilahiyyat

• al-Fuyud Anfasi wa al-Haramain al-'Arifin. And others.

Al-Dahlawi’s lifetime ad-political social life is characterized by unfavorable. Moghul’s dynasty in India was on the verge of collapse. After Aurangzeb’s death in 1707 AD, non-Muslim groups began to rekindle the flames of rebellion. Even the Muslim governors were many who proclaim themselves release of Mogul power, thus practically limited the king's power in Delhi and surrounding areas. After several years, he witnessed some of the leaders as the people who love spree in the government add more clutter that no longer can think of the fate of his people/society. The atmosphere grew more tragic when the scholars' only thinking himself, they were old-fashioned, Sufis tend to fall asleep until they wasted a religion, this would result Sufis out of nature itself.

In addition, many Indian Muslims are influenced by custom and Hindu teachings, being taqlid and this makes Muslims static-thinking. Therefore, the legal Syakh Waliyullah holds that Muslims should be in the clear of things foreign. Islamic people must be brought back to the true teachings. Return to the source of the basic teachings of the Qur'an and the Sunnah. It means opposing advocate taqlid and adjusted ijtihad with the times. (Teologia v.14: 2010, p.19)

AL-DAHLAWI’S VIEW ABOUT TRADITION

In his book al-Tafhimat al-Ilahiyyat, he criticized the jurists' who accused him of being the convoluted that the verses of the Qur'an and the traditions of the Prophet covered by the school of thought. To the Sufis criticized as a person who has thrown expressions that can’t be adjusted with the al-Quran and as-Sunnah. (Yusuf Qardhawi: 1996, p.38-39)

As a inviter to return to the Qur'an, the Sunnah, and the Salaf deeds-deeds, he was the first to reveal the distribution of the Sunnah clearly and thorough, and well share that can be enjoyed by people afterwards. He held sessions in which he distinguishes between the Sunnah within tasyri’, with sunnah non-tasyri'. Or in the terms used: "Sunnah which done as delivery treatise (risalah), and sunnah which are not as delivery treatise".

Ad-Dahlawy wrote: "We should know that the history of the prophet’s tradition and later its codification in books of hadith completely divided into two parts:

1. Sunnah as delivery treatise

The traditions were delivered by the prophet as a transmitter of the treatise. This kind of sunnah was based on saying Allah: "what is given by prophet for you accept it, and what he forbids you then leave". (Surat al-Hashr: 7). Among the sunnah are included in this division categories are:

• Hereafter sciences, miracles of creation of the universe, the kingdom of heaven. These are problems which based on a revelation

• Shari'ah rules and standard rules of worship, most of the problems he set by revelation and partly based on ijtihad. Prophet’s ijtihad is equal footing with revelation, because Allah had preserved him from error. Not necessarily his ijtihad was always based on the texts (textually) of the Qur'an as most people believe. But it mostly ijtihad with the teachings of God to him will be the objectives of Personality 'and the rules tasyri', ease Shariah law and other laws.

• Wisdom and the benefit of the general nature, which he did not set the time and its limits, such an explanation of morality-finer and bad character. The basic problem is ijtihad, usually but not always in the case, because most were based on well, revelation in the sense of God's prophets teach the rules of ijtihad which can be issued to him or her legal and thoroughly confirmed.

• Matters relating to the virtues of charity and the degrees of those who labor (who do tratise/amal). (al-Dahlawi: 2005, p.223-224 -aut)

2. Sunnah as not a treatise delivery.

The tradition was not a treatise delivery. In this regard, the Prophet said: "I'm just a man, if I told you of the affairs of your religion then take it, and if I ordered something from my own opinion, then surely I am the Man."

He also said the date palm pollination event: "I am indeed prejudiced, and you do not take something from prejudice. But if I tell something to you from Allah, then take this to him, because I never lie to God. "

Among the tradition in this category are:

• Medical science. Here we see that the sheikh al-Dahlawi actually found medical advices from the Sunnah that the Prophet did not include nuanced treatise. Or in other words he was not among the sunnah to Shari'ah, because essentially the experience. It’s like the saying of the Prophet SAW. : "The best of who you use to use eyebrow is itsmid (stone material kohl), because he was clear eyes."

• Prophet’s action by habit, not worship, and the act was accidental, not intentional.

• Confirmation that aims to remind people.

• Laws and court decisions that specifically occurs only based on the evidence and oaths. In this regard the Prophet Muhammad. Ali RA said: "The witness saw something else that was not seen the others watch." (al-Dahlawi: 2005, p.223-224 -aut)

At the other explanation in Hujjatullah al-Balighah, al-Dahlawi said about the source of Islamic law (shariat) called mutawatir and ghairu mutawatir. Both was looked by dhahir receive it (obviously). This should be based on naql (arguments).

(1)    mutawatir lafd (text), such as the al-Quran, for example, the words of the Prophet: Innakum satruna rabbakum ..... the second, mutawatir meaning, like most hukum2 thaharah, prayer, zakat, fasting, pilgrim, buying and selling, marriage, war. Of course, in this case in spite of differences of opinion among Islamic groups.

(2)    Ghairu mutawatir which a higher rank. I.e.: what is narrated from three friends then it is primary, and which are within the five thabaqat, It was exists in various forms, such as the priests of fiqh. Then hadits shahih and hasan brought by the Hadiz muhaddisin and traditions are still disputed to-Maqbul (recieve) it¬. So, which is reinforced by the opinion of the ahl ilm and a aql clearly, then it must be followed. (al-Dahlawi: 2005, p.228-229)

 BIBLIOGRAPHY

al-Dahlawi, Waliyullah, al-Maswa syarh almuwatta (1907).

al-Dahlawi, Waliyullah, Hujjatullah al-Balighah, Dar al-Jil, (Beirut: 2005).

Yusuf              Qardhawi, Sunnah, Ilmu Pengetahuan dan Peradaban trans. Abad Badruzzaman, Tiara Wacana Yogya (Yogyakarta: 1996).

Teologia edisi 14, IAIN (Semarang: 2010).

_________________________

* this paper was presented on May 14th and 31st, 2013 in FUPK's class og Ushuluddin Faculty, State Institute of  Islamic Studies Walisongo Semarang.

Mohammed Arkoun

Arkoun and his Deconstruction Method

Written
by Ahmad Muzaqqi* and Arif Imam Zulfahmi^

Biography

Source: algeriesite.com

Mohammed Arkoun was born on
February 1, 1928 at Tourirt-Mimoun, diKabilia, a mountainous area has a
population of Berbers in east Algiers.[1]
Circumstances as that which confronted him since his youth in three languages:
Kabilia language, Arabic (which brought together Islamic expansion since the
first century of Hijra), and the French brought by nations who rules than
Algeria in 1830-1962.[2] Three
languages ​​perform their respective roles. Language Kabilia delivered a number
of traditions, the direction in economic and social fields. More Arabic
languages are as a means of expression and the preservation of
religious traditions. While,
French was the language of
government revenue and it was the means of science and Western traditions.

Arkoun’s education begins at elementary school in
his native village. Then he studied in a school in the port
city of Oran. From the year 1950-1954 he studied Arabic language and literature
at the University of Algiers. Then in the middle of the Algerian war of
liberation from the French (1954-1962), he enrolled as a student in Paris.
Since then he settled there. Struggle with language support and the more viscous
the French culture, but concern remains Arkoun study, the Arabic language and
literature and Islamic thought.

Arkoun completed his formal education with doctoral degree in
literature major in 1969 from
the University of Sorbonne in Paris with a dissertation on humanism in ethical
thinking Maskawaih, Persian Muslim thinker (d. 1 030 M).

Arkoun’s Levels of formal education through further was strengthened by interaction with
three languages ​​earlier, also his tradition of thought, especially the Islamic
thought, which mostly expressed in Arabic. Any Western tradition, especially
that developed in language and in the country of France. So, Arkoun live his
life among the various traditions and cultures. Involvement in the three
languages ​​is an important factor affecting his thinking. It is also a
(possibly) causing concern for the role of language in human society thought so
great.

The core and form of Views

Arkoun said that to understand a text we need understand the language.[3]
Arkoun proposed the need for a “critical history of the text passed down with
the name of the Qur’an,” but unlike the Egyptian scholar, he expressed a more
self-assured and critical perspective. He also considered the holy text as
something now lost and irretrievable, no longer the result of transcendence,
arguing that the divine source has become unrecognisable due to the pressure of political
ideology. Arkoun’s “critique of Islamic reason” incorporated the legacy of the
French Enlightenment, although it would be a mistake to say, as some of his
enemies did, that he adopted a western point of view or estranged himself from
his origins.

In his way to “show”
the vie is, Arkoun published his Pour une critique de la raison Islamique
(Critique of Islamic Reason) in 1984, in French and the work was translated
into Arabic as Tarikhiyah al-Fikr al- Arabi al-Islami (The Historicism of
Islamic Arab Thinking). He focused on the problem of the reading of Islamic
Arab tradition. Arkoun thesis started from historical reading or the problem of
historicism and interpretation (hermeneutics). Arkoun intended to comprehend
the whole socio-cultural phenomenon through historical perspective, that the
past should be viewed through its historical stages. In understanding history,
it is should be limited according to its chronological and obvious/empirical
(?) facts. It means, historicism functioned as a meaning reconstruction method
through eradication of the relevancy between the text and the context. If this
method used for religious texts, what is needed is a new meaning which potentially
hidden in the texts.

Historical method used
by Arkoun is one of the combinations of western social sciences developed by
French (post) structuralism thinkers. His main references are de Saussure
(linguistic), Levi-Strauss (anthropology), Lacan (psychology), Barthes
(semiology), Foucault (epistemology) and Derrida (grammatology). All elements
above he managed as such, so that they become ‘the Critique of Islamic Reason’.
His investigation on classical texts was to find out other meaning hidden in
the texts, so that to go to reconstruction (context) must undergo the
deconstruction (text). Arkoun not only give attention to classical texts from
Islamic scientists, he also investigated the scripture/holy texts.

How would Arkoun view
the tradition (turats)?

Arkoun generally
differed two traditions. In his work written in French, he used two terms,
tradition and turats at the same time, and classified it into the first two
division, Tradition  and Turats with
capital letter ‘T’, that is a transcendence tradition which is understood
and percept as an ideal ‘tradition from God’ and cannot be changed by
historical events. This kind of tradition is eternal and absolute. The second
tradition, written in small case ‘t’ , tradition or turats. This kind of
tradition is formed by man and woman’s history and culture, as heredity or as
human interpretation on the God’s Holy texts (Arkoun, 1987: 17-24).

Between those two
traditions, Arkoun marginalized the first kind of tradition. According to him,
that kind of tradition is outside human knowledge and reason. So, his target
and investigation object was the second kind of tradition, a tradition formed
by historical condition (in relation to time and space). Reading turats means
reading texts, all the texts, because turats was formed and standardized in the
history, and should be read through the historical sketches. To him, one of the
goals to read the texts, particularly the Holy texts, was to appreciate them in
the changing situation and condition. It means, religious teachings from the
Holy texts should accommodate and not in opposition with every situation and
condition. Here, what Arkoun tried to do was to harmonize between tradition and
modernity through a new method. There are many Quran commentators undergo an
historical and linguistic critique which is the feature of hermeneutics,
nowadays. Many writings emerge from the orientalists as also from Islamic writers
themselves.

 Jane Ms. Aucliffe wrote “Quranic Hermeneutic:
“The views of Al-Tabari and Ibn Katsir” which emphasized interpretation method
and a small part about social horizon (Mc. Mauliffe, 1988: 46-62).[4]
Muslim contemporary thinker, Fazlur Rahman discussed it with the double
movement interpretation, while Arkoun with his circle of
language-history thinking. For Arkoun, the integrated interpretation is an
interpretation that sees the connection between language thinking and history
dimension. To do this hermeneutical interpretation, the first step is to
distinguish and to show which one is the first/former original text and which
is the hermeneutical text.

Arkoun intended to
bring the Islamic thought into Quranic discourse, as it is which is open against
various reading and at the same time open for different understanding. The
difficulty Arkoun faced in his project was that Quran as the first text or the
first event has been covered by Islamic thinking as such in the form of various
literatures as a second text or hermeneutical text. The covering is as such so
that hindered to understanding Quran as it is.

To overcome this
problem, Arkoun borrowed Derrida’s “deconstruction’s” method or “uncovering”
and archaeological analysis used in examining historical artifacts. By this
archaeological analysis he tried to do an historical clarification on
hermeneutical texts from certain thinking tradition, that is to clarify and
clean the “dust” of space and time which covered them so that it will be
noticed the relation between texts from particular historical stages and social
context, the generation and the various thinking movement in the same
historical time. Instead of showing the relation between thinking and history,
Arkoun also showed the inseparable relation between thinking and language. Any
Islamic thinking, besides as a “mirror” of the dynamic struggles of the
socio-historical reality, it is also formulated, conceptualized and spoken in a
certain “language”.

What Arkoun did was an
example of how to “manage” Quran with the hermeneutic instrument. Hermeneutic
tradition focused on three aspects: text, context, and contextualization in a
continued circle. It means, when one investigating and at the same time
“reproducing” meaning, the three aspects should be employed continually. When
one investigates the meaning of a text, he/she should give attention to its
context at the same time from where the text came and how the text understood
in its original context, so that with the kind of understanding, the reinterpretation
of meaning of the particular text in a different context can be done.

In this case, Arkoun
revealed that there should always be a connection between language, thinking
and history. Islamic society and religious society in general should be fully
aware that there is a dialectical relation between language, thinking and
history. No any other religious thinking that loosely untied from language and
history. In relation to Quran, Arkoun insisted that the holy book of Moslems is
words, language, cultural and religious phenomena coming up from its own
situation, so that it would not producing meaning, except in its context; and
in its turn, creating an awareness’s structuralized, furthermore Quran is a
religious text to read and to live through (Arkoun, 1990, 19: 185-186).

The religious
institutions crisis strongly indicated that religion as far as nowadays tends
to be an authoritative one. Religious messages is in its original existence is as
an effort to liberate lost by the historical processes, which distorted it. The
crisis emerged because religion changing into a “hierarchical” institution
where the authorized was an “authority” that has right to speak about truth in
the name of “absolute authority”, whether God, the authoritative or others.

All above cases showed
that when a religion become an institution monopolized by a certain authority,
then it will loose its nature as a liberate religion. Another effect of
mono-interpretation is how difficult to get a new and fresh interpretation. So,
a new and fresh reinterpretation is a must. Only by a contextual a continuous
reinterpretation, a religion will open to changing of time and progress and
also will escape from authoritarianism, which will make infertile the society
itself.

The religious discourse
domination on other religious discourses supposing a hierarchical structure,
which placed the dominant in “central” position and the other in the “margin”
(periphery) position. This hierarchical structure is not only exclude a certain
religious discourse, but also conquer, subordinate and repress it (Alam, 1994:
33). For the reason above, it is needed a strategy to do a turning in this
interpretation hierarchical structure to delegitimise the “central”, “origin”
and “primary” claims of the dominant discourse. The advantageous strategy to
reinterpret n the over institutionalized religious processes is by
deconstruction method.

Deconstruction is not a discourse, in term of a
group of statements which directing and forming those practices.
Deconstruction is not a method consists of a set of formal rules to analyze
discursive and non-discursive practices, too. Deconstruction is more as a
strategy to reveal the ambiguity of a discourse by tracking the pathway of
paradoxical movements inside the discourse, so that any discourse’s unit
subversively basic assumption of it.

The ambiguity in the
text and the interpretation of it is related to the problem of meaning in
connection with the text. The text, according to Derrida, does not have a
literal meaning, because it supposing the absolute selfpresence of the meaning.
In fact, the text (signifier) as a representation will never be able to
represent the representing of the meaning (signifier) pointed out by the text.

The text’s role is to
differ and at the same time to defer a meaning. By doing a signification of the
meaning, the text showed the absence of another meaning. But then, what is left
is a trace of a meaning pointed out. The movement of sign “to differ” and “to
defer” is what Derrida called the difference. By emphasizing that any text
(religious text) is a “trace” which always refers to the other texts, at he
same time strengthen the objection on the claim that a religious discourse can
have direct access to the “original” meaning of a text. This claim strengthened
the dominant position of a discourse against the other discourses. By changing
the interpretation hierarchical structure, deconstruction placed the discourses
in coexistence position.

A deconstruction to a
text means to open the possibility over the various interpretations on the
text. The deconstruction of a text also bring another consequence sociologically,
that is uncovering interpretation monopoly on a certain authority which talked
about “”one truth” in the name of God, state or the ruler. Because, by
supposing that there were a certain authority, it also means supposing “The
Transcendence I”. If we bring the “transcendence I” to the side, then the many
possibilities opened for the various interpretation. Interpretation becomes
democratic, so that the truth will not be monopolized by one certain interpretation.

The understanding of
this one truth actually in relation with the assumption about the existence
“the transcendence I” which omnipotent about the text, so that the
interpretation He produced has the “one authority” on the truth. Arkoun
deconstructed “the transcendence I” through the concept of the “logos historicity”,
then the one authority lost its supports, so that the plurality interpretation
alternatives emerges. In the plurality contexts, the interpretation hegemony falsified
and the text become alive and open to all interpretation. At the same time, no
more “the freezing of a text” in religion and ideology, which we know as a starting
point of all frozen thinking until now. The possibility to employ discourses on
the religious texts open democratically. A good consequence is religious life
of mankind relatively become critical, plural and dynamic.

Arkoun took advantage
in this deconstruction method in order to reconstruct the Islamic classical
scientific tradition. By this uncovering method will be seen the knowledge’
layers which had been covered by orthodoxies. After this step, it will be
distinguished which part is important and which one is not in the Islamic
study. The elaborative study offered by Arkoun is a little different from what
other Islamic thinkers did. His thought colored by structuralism,
post-structuralism, and deconstruction which all of them emphasize on linguistic
analyses. In many of his works, Arkoun uses the three paradigms mentioned above
to read and understand Islam, and also the more important is to reformulate
Islam.

It is good to be noted
that the deconstruction method cannot be employed without the knowledge
preparation about history, about the hidden Islamic tradition and also the
tradition that has been contaminated by external elements. In this process,
Arkoun tried to reemphasize the marginalize meaning or the forgotten one
because of the many covering and freezing processes underwent in Islamic
thinking. If in one hand Derrida emphasized that “deconstruction”, Arkoun
obviously did so that the deconstruction should be followed by “reconstruction”
of a discourse which has left the limitation, frozen, and the distortion of
former discourses.

Arkoun tried to turn
the higher hierarchy between bipolar concepts. Turning upside down the higher
concept between bipolar concepts is one of the characteristic of
deconstruction. But on the contrary, Arkoun still insists on a “transcendental
signifier”. He said that oral language is the earlier language form and more
original than written language. Arkoun corresponds the shift from oral to
written language as a shift from language of prophet into a teaching discourse.
The prophet language discusses the limited situation of human condition, which
opens to various contexts. While teaching discourse explained and classified
according to a rigid concept and tended to close the meaning in a rigid interpretation
which reject other interpretation. As a result, a “text” into “pretext”
(arguments), which often only repeated and not profoundly thought and functioned
as a legalization of a certain group authority.

Arkoun argued that we
should be critical on traditional Islamic reasoning models, which make
chaotic the traditional interpretation, which rooted in history with God
messages content. He suggested the Islamic people to deconstruct the way of
past thinking and the interpretation of holy texts. The habit of Islamic reasoning,
which generated uncritically, should be deconstructed and the holy texts should
open for the historical and modern linguistic investigation. For that reason,
he employed this deconstruction method to reconstruct scientific tradition of
classical Islam. He believes that without stimulus and the discipline of openness
with the meeting of modern thinking results, the Islamic knowledge standard
among the traditional Islamic expert and the Islamists will degrade.

Bibliography

Mohammed
Arkound, Islam Kontemporer Menuju Dialog Antar Agama terj. Ruslani,
Yogyakarta: Pustaka Pelajar, 2001, h.v.

Mohamme
Arkoun, Rethingking Islam,Togyakarta: LPMI, 1996, h.57.

Article/paper
“Critic of Islamic Thought: Deconstruction of Mohammed Arkoun” by Fatimah,
Depok: UI.

en.wikipedia.org/Mohammed
Arkoun

---

* Student of Fakultas Ushuluddin IAIN Walisongo Semarang angkatan 2011 from Purwodadi, Indonesia.

^ _________, from Ungaran, Indonesia.

[1] en.wikipedia.org/Mohammed Arkoun

[2] Mohammed Arkound, Islam Kontemporer Menuju Dialog Antar Agama terj.
Ruslani, Yogyakarta: Pustaka Pelajar, 2001, h.v.

[3] Mohamme Arkoun, Rethingking Islam,Togyakarta: LPMI, 1996,
h.57.

[4] Article/paper “Critic of Islamic Thought: Deconstruction of
Mohammed Arkoun” by Fatimah, Depok: UI

Ahmad bin Hanbal

Ahmad bin Hanbal & His Concept of Fundamental Fiqh

by: Naela Rohmah*

Biography

Source: scneosweb.files.wordpress.com

His full name is Ahmad ibn Muhammad ibn Hanbal bin Hilal bin Asad bin Idris bin Abdullah bin Hayyan bin Abdullah bin Anas bin 'Awf ibn Qasithi bin Marin Dzuhl bin bin bin Syaiban Tsa'labah Sha'ab bin Uqbah bin Ali bin Bakr bin Wail bin.

Imam Ahmad was born in the Baghdad. Some argue that in Marwa, then brought to Baghdad when he was still in breastfeeding. The day he was born on the twenty-Rabi al-Awwal 164 Hijri year. Imam Ahmad's father and grandfather died when he was born, so little since he just get his mother's supervision and love. So, he was not just the same as the Prophet's lineage problem alone, but both were orphan.

Although imam Ahmad did not inherit wealth from his father and grandfather, but he had inherited from his grandfather glory lineage and position, were of his father has inherited love of jihad and courage. His father, Muhammad bin Hanbal met his end when he was on the field of jihad, while his grandfather, Hilal bin Hanbal is a Sarkhas local authorities, at the time of the Caliphate Umawiyyah.

Education

Imam Ahmad beginning in order to study in the year 179 Hijra, at the time he was fourteen years old. He said; 'when I was a kid, I attended write-down school, and then I come back and forth Librarianship when I was fourteen years old.'
He earned his first education in the Baghdad, at that time, the city of Baghdad has been a center of the Islamic world civilization, which is filled with various kinds of science. There lived the reciter, hadith scholars, Sufis, linguists, philosophers, and so on. After memorizing the Quran and study Arabic sciences in al-Kuttab at the age of 14 years, he continued his education to ad-Diwan.

Persistence in the pursuit of knowledge has led to a great scholar Imam Ahmad and respected, both from the public, educated and of the ruler. In his scientific journey-wen he run out of funds (money), he was always donating her self to work in order to continue his journey. He would not accept money or other material apart from the hard work and the results of his own sweat.

Nevertheless love of science that makes him willing to not marry in young age. He recently got married after the age of 40 years. While some land that he ever visited was the Basrah (186, 194, 200 Hijra), Kufa (183 Hijri), Makkah (187 Hijri, where he met with the imam Shafi'i), Yemen (199 Hijri), Tharsus, Wasith, Ar Riqqah, Ibadan, and Egypt (his promise to meet with Syafii, but to no avail).

Imam Hanbal’s Thought

Although Imam Hanbal much discussed and issued a fatwa in the field of jurisprudence, not found fiqh books of original work. Imam Ahmad was not posted his jurosprudence fatwas nor dictate fatwas that to his students. It is a principle of policy and Ahmad. One time a person who is present in the assembly-Ahmad noted fatwa fatwa. Ahmad said: "Do not you write my opinion. Could I have argued on this day, then I change tomorrow". Imam Ahmad fiqh heritage gained through the activities of his disciples and followers-as the presentation of the fiqh of Imam Ahmad thought.

Imam Ahmad juristic thinking is strongly influenced by the depth of his knowledge of hadith. Hadith occupies a central position, in addition to the Koran in jurisprudence school. He strongly opposes the opinion that based on the Qur'an alone with ignoring tradition. But that does not mean Imam Ahmad pessimistic in accepting hadith. He selected many hadiths closely, especially legal traditions. The traditions that are not directly related to the legal issues, he loosened the selection acceptance. Imam Ahmad Da'eef can accept hadith as evidence in trouble Fadha'il al-'amal, during the da’eef was not because narrators liar. Abdul Wahab, one of the students of Imam Ahmad, Ahmad describes the breadth of knowledge of hadith and hadith intensity of use in the fatwas of Imam Ahmad said: "I've never seen anyone like Ahmad. 60,000 he was asked about the problem, and he replied with haddatsana ... ahkbarana .... " That is showed that Ahmad answered all these problems with the use of hadith. Because the persistence and intensity of use hadith Ahmad, his Islamic school of thought known as al-Sunnah. Ahmad principle that fatwas should be based on the arguments that can be received and accounted for. He opposed the fatwa without a solid foundation or a fatwa by thought alone. Ahmad advised his students: don’t give fatwa on the issue that there is no demand ". Abu Bakr al-Ahmad Marwazy-students-never ask a problem that has not been clear to Ahmad himself. Ahmad bluntly replied:" I do not know ".

Ahmad has its own method in getting (istinbath) law. Ahmad fiqh methodology can be abstracted from the fatwas fiqh delivered pupils and his followers. Ibn al-Qayyim in his book al-Muqqi'in I'lam describes five basic proposition that a law Ahmad’s istimbath, those are 1) Nash (Qur'an and Sunnah marfu'ah), 2) Fatwa companions no discord among them, 3) Fatwa companions disputed among them, 4) and hadith Mursal Hadith Da'eef, and 5) Qiyas. The arguments are used in priority order.

1.      Nash Qur'an and Sunnah

The Qur'an and Sunnah are mentioned together, both have a strong reciprocal relationship. Established Sunnah law power of Aqeedah through, while the Sunnah is the explanation part of the Qur'an itself. Nevertheless sunnah essentially placed on the second rank. When Ahmad found in the texts of the Qur'an or Sunnah, then the law specified by the argument. He did not consider the other arguments which may have differences in legal pointer to the texts, even though a fatwa friend. For example, do not accept fatwas Mu'az Ahmad ibn Jabal and Mua'awiyah that allow a Muslim inherit the Gentiles, because for Ahmad is quite clear and authentic hadith which prohibits inheritance relations between Muslims and infidels because of religious differences.

2.      Fatwa Friend

When the companions issued a fatwa about a legal issue and there is no difference of opinion among them, then Ahmad and accept it as a source of legal argument after the Qur'an and Sunnah. Ahmad did not refer to it as ijma. Ahmad prefer to call the fatwa friend. When Ahmad was not found as above fatwa companions, Ahmad seek fatwa disputed among friends by having a more fatwa according to the Qur'an and Sunnah. In essence Ahmad also uses if not found tabi'in fatwa fatwa which stated companions.

3.      Mursal Hadith and Hadith Da'eef

And sources of further legal argument by Ahmad is mursal hadith and hadith Da'eef. Ahmad Hadith split level in terms of quality and the authentic hadith narrators to hadith Da'eef. However, Hadith Da'eef version can be grouped to Ahmad Hasan hadith in the categorization of Hadith traditions in science today. According to Ibn Qayyim, as cited by Abu Zahra, Ahmad Hadith Da'eef on version falsehood is not a tradition or hadith wrongdoing. In the hadith there is no damage to the thransmission therefore should not be used as a legal argument. Da'eef Hadith in question is that the narrators of hadith-narrators are not up to the degree tsiqah and did not fall to iltiham (broken / ugly). While the mursal hadith is not mentioned hadith narrators on friend level.

4.      Analogy

When Ahmad was not found in the Qur'an Sunnah legal reasoning, successors and tabi'in fatwa, as well as mursal hadith and hadith Da'eef, then Ahmad uses qiyas. The use of qiyas is done in a state of forced, in a sense there is no other arguments such as those mentioned above.

5.      Consensus

Consensus is the agreement of the mujtahid within a period of a law Sharh based on the arguments of the Qur'an and Sunnah (and also according to some jurists qiyas'). Consensus in terms of the legal field is divided into two. First, the basics Consensus on duty as the number rak'ah prayer, fasting and pilgrimage. Whoever denies this is to deny ijma religious issues that must be known with certainty and meaning has come out of religion, and second, ijma outside the above issues as ijma of the Companions of the obligation to kill the apostate. Consensus Ahmad divide the two, first, ijma al-'ulya, the ijma of the Companions. Consensus can be used as proof because according to the Qur'an and Sunnah shahihah, because it is impossible to deny the Sunnah of the Companions sahihah, whereas they are the narrators-narrator, the second is the famous opinion that there are menyalahinya unknown, so it is mentioned with the term "consensus".

Ahmad refused Consensus nomenclature for this second category, because if then known there are different opinions, then batallah status as ijma. On this, the son of Abdullah Ahmad-Ahmad-delivered speech: "Who lay claim, the ijma, then she has lied. Surely human nature are different opinions. Been suggested that are known and some are not yet known by someone. For that when encountered similarity famous opinion, let say "I do not know there is an argument against it".

6.      Al-Mashalih

In question is al-mashalih al-mursalah, it was the goodness/maslahah that are not found in the Qur'an or Sunnah proposition. Received al-Ahmad al-mursalah mashalih as a proposition of law, saying he found the friends also use it. Ahmad many uses mashlah the issue of al-siyasah al-Syar'iyyah, such aggravate punishment for those who drink alcohol during the day in Ramadan. Among Hanabilah follow Ahmad's attitude. They include homeowners take a fatwa maying to accommodate the homeless if the possible gain to accommodate the homeless.

According to Abu Zahra, al-mashlahah al-Ahmad muraslah taken as a proposition of law is essentially belong to the chapter qiyas which has expanded its meaning. Al-mashlahah al-mursalah in the comparation to al-fiqh al-Islam mu'tabarah in common covered in whole texts, rather than in a particular texts. Therefore, its use as a legal argument after hadith mursal Da'eef and only used in urgent situations.

7.      Isthisan

Istihsan the Hanafi school is the application of the law to a problem that does not exist with the legal arguments for equal in the Qur'an, Sunnah, ijma or emergency law by turning of qiyas Zahir (manifest) to qiyas Aqwa (more powerful). According to Abu Zahrah, Ahmad refuse istihsan impossible, because the law-making process remains based on texts, ijma or subject to martial law. If the terms of the Maliki school, istihsan including how legal decision based on aqeedah problem by turning away from the already fixed. According to Abu Zahrah, because Ahmad also received mashlahah as a proposition of law it is unlikely that they oppose istihsan.

8.      Al-Zari'ah

Zari'ah means washilah, or intermediary that produces and causes the creation of a specific legal act. According to Ahmad and his followers, when Islamist 'ordered something, means also ordered his through. Similarly, if Sharia 'ban something, ban wasilahnya means. Zari'ah thus plays an important role in the consideration of the Hanbali school of law.

9.      Istishab

Istihsab is continuing the implementation of the law has been set up there is the argument that change. Hanbali istimbath use this proposition in the law. For example, they use the rules of fiqh in aqad issues, and other conditions.

Critical Views

The most great think is Ahmad bin Hanbal tries to show the important of tradition (hadits and  sunnah). He was from traditionist. And it can be learned that all of laws were need valid sources- according to the first(Quran) and the its bayan (Hadits). Whaever we use our logical thinking ore our perseption, but it must be started from those both of law sources, although meanly (not literally).

If indicate that Ahmad bin Hanbal wanted to awake our mine, What is our thought, Islamic teaching, Islamic sources. So, he arranged those arragement (from Quran and Sunnah to istihsab).

But, in my oppinion, Hanbali didn’t have an original methodtoget the law. Because many-even all-of methods of istinbat alhukm were used by the schoolars before like Abu Hanafa and Malik. He just accepted or refused it with comparation in Quran and Sunnah. It is a fact that at the first, he didn’t start from the reality, but from islamic sources. Because of this, he is called fundamental. J

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* Mahasiswa Fakultas Ushuluddin IAIN Walisongo Angkatan 2011

Abu Hanifah

Abu Hanifah & His Concept of Rational Fiqh

by Ahmad Muzaqqi* (114211062)

Source: hadijha.blogspot.com

Abu Hanifa al-Nu’man b Thabit b Zuta, theologian and jurist, is the eponymous founder of the Hanafi legal school. He was born in Kufa circa AH 80/699 CE and died in 150/767 in a prison in Baghdad an age of 70. His grandfather Zuta is said to have been brought over from Kabul to Kufa, where he settled after being set free.

There are not many details available about Abu Hanifa’s life in Kufa. He worked there as a silk merchant and also that he acquired scholarly training in the religious law and hadith. He attended the lecture session of Hammad b Abi Sulayman (d. 120/738) in Kufa and possibly of Ata b Abi Rabah (d. AH 114 or 115) in Mecca. After Hammad died, Abu Hanifa gained fame as the foremost acholar of religious law in Kufa, but he never served as qadi (judge). However, he was offered judgeship by various rulers, such as Yazid b Amr, the governor of Iraq during the time of Marwan ibn Muhammad, who was the last Umayyah caliph. When Abu Hanifa declined, Yazid had him whipped, and the former escaped to Mecca, where he stayed for five or six years. Abu Hanifa is counted among the most illustrious of the successors (Tabiun), and some sources relate that he met at least four companion of the prophet, including Anas b Malik. In the eyes of the pious in particular, this distinction conferred on him and his scholarly activities great merit. His usual honorific is al-Imam al-A’zam (the greatest Leader), from which the neighborhood around his mausoleum in Baghdad derives the name al-Azamiyya.

His Education

Then is the explanation about his education, actually. In Iraq itself at that time there were various sects of theology and thought. Before Islam came, in the city of Kufa already there are schools that teach about Greek and Persian philosophy, there are some sects of Christians who often mixed arguments about faith issues. After Islam in, in Kufa there sects and cults are very varied, then there was a split in the politics and faith, between Shia, Khawarij and Mu'tazilah sect. The fishing conditions Abu Hanifa geliat young to straighten all that. Abu Hanifa engaged in dialogue to give enlightenment to them. Unfortunately interaction Abu Hanifa done just cuz then briefly turned his Abu Hanifah, and decided to trade in the market. Sometimes he attended in the ceremony, but he was rarely done. It is more often busied himself in the trade, until one day God came through an indicator called Syu'ba that suggest the Abu Hanifa to learn to scholars, because Syu'ba sees the intelligence and passion to make a change and enlightenment on the figure of Abu Hanifa. And finally Abu Hanifa even Syu'ba follow good advice given to him.

In early times the intellectual adventure of Abu Hanifa, according to expert analysis of history, there are 3 variants halaqah is approached Abu Hanifa, namely: (1) Sheikhs of beliefs and policies of this place attended by some sects and groups. (2) Abu Hanifa often come halaqah-hadist talk about good Hadist dirayah or riwayah.  (3) Whereas last halaqah often approached Abu Hanifa is Halaqah about Fiqh and fatwas addressing the problems of religious law that occurred at that time (al-masa'il al-waqi'iyah).

Learn the word of knowledge and take the gist of it, that knowledge about the debate, according to memorize the Qur'an recitation of Imam 'Ashim, and memorize some Hadist and learn Arabic grammar with sastranya. But in the end Abu Hanifa centralize intellectual adventure and pour his thoughts on the study of jurisprudence around.

Abu Hanifah took knowledge from the experts in their respective fields. Fiqh learn from an expert named Hammad ibn Abi Sulaiman. Hammad own take on the essence of Abraham's jurisprudence-Nakha'i. It is the understanding of the scholars of fiqh Ibrahim an-Nakha'i in Kufa, therefore it is very thick Hanafi Fiqh with Abraham's mindset-Nakhai. Hammad Abu Hanifa accompany for approximately 20 years until Hammad died in 120 H. When the age of Abu Hanifa even 40 years old, at the time of psychological maturity and perfection of a rationalist.
When you take a trip to Mecca, Abu Hanifah also likely learned to Atho 'Ibn Abi Ribah. During their stay in Makkah, Abu Hanifa used to study him. A history mentioned that Abu Hanifa did Hajj 55 times in his life.

While in Iraq itself, Abu Hanifa many learn to Shi'a scholars from some sect, as sect Kaisaniyah, Zaidiyah sect, and the Shiites Istna Isma'iliyah Asyarah. Each of them provides its own influence on the development of thought of Abu Hanifah. Therefore, we can take the red thread, That Hanafi Fiqh is Islamic jurisprudence with a variety of patterns, but the most dominant pattern of Fiqh Fiqh of Abu Hanifa is rationalist, but He himself is the teacher of the rationalist legal scholars.
Abu Hanifa was born in the year 80 AH, at the time of the Umayyad dynasty in power under the leadership of Abdul Malik bin Marwan. Abu Hanifa saw the development times Umayah Dynasty to finally collapsed. Abu Hanifah lived until the year 150 H, meaning they also live in a time of growth Abbasid Dynasty. Abu Hanifa found more time Umayah Dynasty verdict intersection with the Abbasid Dynasty. It lives at the time of the Umayyad dynasty in power for 52 years. At that time the intellectual conditions to grow, but the intellectual climate was not emerge from the government, but blown by a community of knowledge society is the beneficiary of his companions. Abu Hanifa found the time only 18 years old Abbasid Dynasty. In the middle of the Abbasid dynasty and the end of Umayyad Empire, that at the time when Abu Hanifa life, arguably the intellectual condition of getting appreciation from the government. Because at the time of Abbasid Empire, ruling over themselves to rebuilding concentre omission Umayyad dynasty and intellectually less attention at the time.

Political Condotion

Abu Hanifah lived in two orders of the ruling, the Umayyads and the Abbasids, then later Abu Zahra feel the need to consider the social and political situation during the two orders.
Daula Umayyad rule Khulafa'u standing after ar-Rosyidin resignation. At the time Khulafa'u Rosyidin, Khalifa is appointed from those options and of course the previous Caliph recommendation, or without recommendation earlier caliphs, as in the leadership of Umar ibn al-Khattab and Ali ibn Abi Talib. At the time of the Umayyad dynasty, the system of government changed from democracy to monarchy. Mu'awiya the first Umayyad caliph, took power in a way Abitrasi (tahkim). There was a conflict and hostility pengiringi trip Umayyads. We can look at the time of the insult to Ali ibn Abi Talib, even insults and invective caci tehadap experts temple nearly happening at every Friday prayer pulpit. It's almost become an ongoing tradition, which pioneered by Mu'awiya bin Abi Sufyan, came to the leadership of Umar bin Abdul Aziz.

Occurred bigotry against Arab rulers among the Umayyad dynasty. They are too proud heritage of pre-Islamic Arabia. While it is true that we deserve to thumbs-up, but this is excessive fanaticism, because it has reached the level marginalize non-Arab groups (mawalli). The rights of the non-Arab neglected, for example in the case of the spoils of war that are not shared equitably, but not all men are the same side of God, which distinguishes us is our devotion to God, not lineage, position and possessions.

The condition of the Abbasid dynasty likened to rain after the dry season, that is the tranquility. At this time, the more liberal jurists to give crackling against the government, except during the reign of Abi Ja'far, a lot of oppression and discrimination.

Abu Hanifah settled in Iraq. Iraq is the birthplace, the place where he grew and developed, and there also he did intellectual odyssey. In Iraq, a diverse community of life, ranging from the Persian, Roman, Indian and Arabic. In Iraq there are also sects manifold. All the community social interaction and have different customs. All have an influence on the development of Fiqh, so that the Fuqaha of arable land becomes more widespread, due to problems arising from a pluralistic community, is more complicated and complex. Iraq, in addition to having the advantages in terms of social conditions, also have intellectual climate conducive, because there are various sects of theology, such as the Shiites, both the moderate to extreme Shiite, and there is also a sect of Mu'tazilah, Qadariyah and also Murji 'ah.

With conditions like this, Iraq is a place to grow and perkembangnya schools of thought, as recorded in the statement of Ibn Abi Hadid in a book, Syarhu Nahju al-Balagha, which is a striking difference between Rawafid and the people who live around the Prophet Muhammad is that life Rawafid in Iraq and lived in Kufa, where thought and theological sects gathered, so that this community has the instinct and rationality deep thinking about theology. In contrast to those who live in the Hijaz, social and cultural conditions of the people who live there are not the same as those who live in Iraq. Therefore, very in the know Iraq has spawned the field of theology and intellectual thought.

His view about theology

As set forth at the beginning of the discussion, Abu Hanifa often interact and debate with theological cult figures of his time. Abu Hanifa's initial intellectual odyssey is a theological issue, then he turned away and concentrate on studies around issues of Fiqh, Fiqh until he distinguished by its rationality. However, he did not sever ties with the theologian. Abu Hanifa is still debating and dialoguing with them if Abu Hanifa was no theological problem that is considered urgent to be solved.

Abu Hanifah often argued with the sect companion thought, ranging from the problem of the existence of faith, it came to commit major sins (al-kabir murtakib). This can be traced from two things:

1. Of the narrations, whether valid or not.

2. Of books written on the subject of theology Abu Hanifa, namely:

a. The book Fiqh al-Akbar

b. The Book Alim wa al-Muta'allim

c. Book of Proceedings ila Ustman bin Muslim al-Batha

d. Book of ar-Roddu 'ala Qadariyyah.

His view about Fiqh

This is the core of the discussion of the history of great men, talking about Abu Hanifah. But he did not have a paper or book on Fiqh. The books written by Abu Hanifah were majority of discussion about theology. Although Abu Hanifah did not write the book on Fiqh, but students are collecting its opinions and write it. One of the students who gather and write the Abu Hanifah’s opinions, despite not recording a global opinion, is Imam Muhammad al-Hakiyah. Abu Hanifa’s opinions could not be recorded due to his encounter with all of Abu Hanifa only takes a moment. Abu Hanifah died when aged Imam Muhammad al-Hakiyah was 18 years old. It is a fairly young age to be able to record all knowledge of an Abu Hanifah’s intellectual caliber.

Abu Hanifa’s Fiqh character is speculative fiqh (jurisprudence at-Taqdiry). Abu Zahra define Taqdiri Fiqh is a fatwa in fiqh issue that has not happened by way of analogy with the problems which have occurred. This mode of fiqh is as widely used by scholars and experts qiyas (comparison) rationalist. Actually, the fiqh style periods Prophet replied only problems people are already happening. At the time of the Companions and Tabi'in evolved existing methods of explaining the law and kept the laws existing Fiqh. At the time of Abu Hanifa's fiqh evolved into speculative, i.e. compare (do qiyas) a new case that has not happened (before) with the existing law. Fiqh taqdiri has actually appeared before the Abu Hanifa. Syu'ba was jurist often found that using the word "law kana kadza" and it included Fiqh at-Taqdiri.

In the book Muwafaqat, as-Syatibi’s work, there is a history of Syu'ba advice to their students, "Take care of the three cases. First, when you are asked something of a problem, do not continue with the other problems. Second, when you are asked a problem, do not compare it with existing law. Third, when asked about the issue, and you do not know the solution, then say, I do not know."

There is disagreement among most jurists about the may using Fiqh Taqdiri method. In the 3rd period H, Many jurists who use such methods, even detailing a problem until the irrational, something that is unlikely to happen.

According to references were used by Abu Hanifah in doing the excavation law (istinbat) are the Qur'an and the Hadith of the Prophet. Abu Hanifa also recognized Ijma 'and Qiyas which is a characteristic of fiqh taqdiri. Some even thought that Abu Hanifa prefers qiyas than tradition, but Abu Hanifah refuse that notion, and said "is needed comparison after al-nash al-sharih (clear/shohih)?" Abu Hanifah uses the comparison in the excavation law after finding difficulty in nash.

But, the point of his thought about interpretation to understand the law were based on 7 cores:

-          Quran

-          Tradition/sunnah

-          Ijma’ (the consensus of mujtahid)

-          Qiyas (compare using the logical analytic)

-          Successor (sahabat) opinion

-          Al-istihsan (society’s goodness). It was his new thought and never appeared before.

-          ‘Urf (the society tradition)

In the year 150 H, Imam Abu Hanifah was called by the Almighty in Baghdad and was buried there. He has succeeded in presenting a sublime fiqh. His sect spread from Kufa, and after a review of the scholars of fiqh and its opinions, the Hanafy’s school extends to Egypt, to the Roman Sham and Iraq, including India and China mainland.

Analytical View

I think, Abu Hanifa had a new fiqh’s view. And it could be important for the next generation, after him. It was the founding father of istihsan, which a new way to understand the law according the context and era’s need, I mean preferring the society goodness. After he used his “Rational Fiqh”, many jurists followed it. It can show that Islam is the best religion, I meas it is Syariah. It will make a “new” way to understand the law according to local wisdom and differences of tradition (according to a region each other). I belief that it will make Islamic though is sholihun likulli zaman wa makan” as the reality. It also can interpret and find a new meaning and understanding, dynamic not static, can be accepted by everybody.

But, I personally also criticize him, especially about ijma and successor opinion. Because this classification was to much. And it can appear a new problem for the next generation of jurist. And the other problem that appeared the next, after he made his thought is the “bad” claim for him. He was looked as the rational without literature, or just used the contextual without textual. But, ala kulli hal, I also proud wit this Imam al-a’dzam. Amazing. 

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* Mahasiswa Semester IV Jurusan Tafsir & Hadits Fakultas Ushuluddin IAIN Walisongo.