Ahmad bin Hanbal & His Concept of Fundamental Fiqh
by: Naela Rohmah*
Biography
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| Source: scneosweb.files.wordpress.com |
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.
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
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