Chapter I

Foreword

A. Background

Recently, research on the history of Islamic jurisprudence began to be felt

as important. At the very least, due to the growth and development of the

jurisprudence suggests a dynamics of religious thought itself. This is an issue that

was never finished any time and anywhere, especially in religious communities

who are undergoing modernization. On the other hand, the historical evolution of

development in earnest jurisprudence has provided a frame work for Islamic

thought, or rather the actual working of the characteristics of the development of

Islam itself.

The presence of jurisprudence was to accompany the tidal evolution of

Islam, and even the most dominant, the jurisprudence - especially medieval

jurisprudence - colors and gives complexion to the development of Islam from

time to time. For this reason, in-depth studies on the subject of welfare

jurisprudence is not merely historical value, but by itself offers new possibilities

for the subsequent development of Islam. If we trace from the time of the life of

Prophet Muhammad, historians often divide the period into two periods of Mecca

and Medina periods. In the first period contains the minutes of the prophetic

teachings of faith and morality, while in the second period more prophetic treatise

contains laws. In taking the decision of problems of daily activity the companions

do not need to do their own ijtihad, because they can directly ask the Prophet if

they find a problem that they do not know.

Up to the first four caliphs, sharia laws have not been accounted, and yet

also be formulated as a systematic science. Then in the early days tabi'in period

(Umayyad dynasty) emerging streams in understanding the laws of Shariah and in

response to new problems that arise as a result of the extent of Islamic territory,

the ahl al-hadith and ahl al-ra'y. The first flow, based on the Hijaz (Mecca-

Medina), many use the hadith and the opinions of friends, and understand it

literally. While the second stream, which is based in Iraq, many uses of ratio in

response to new problems that arise. Differences of opinion in the legal field is a

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result of research (ijtihad), it need not be considered as a factor that weakens the

position of Islamic law, but instead may give leeway to the crowd as presented by

the Prophet in a hadith:

( الشعرية ( الرسالة فى البيهقى رواه رحمة امتى اختلف

Means: different argument of my followers is rohmat

This means, that people are free to choose one opinion of the opinions and

not stuck to just one opinion. In the following will be explained about the

understanding of the school, the background and history of the early occurrence in

the schools of jurisprudence, furthermore, at four schools namely Hanafi, Maliki

School, the School of Shafi'i and Hanbali School as well as some other things

related to the fourth school.

B. Subject in Matter

Prior to the discussion, the authors first define the subject matter as a

benchmark for discussion and widely adn not deviate. As the subject matter in this

paper is: How do the background and history of the emergence of the four schools

of jurisprudence?, Addition, what are the legal fundamentals of the four schools?,

Because after every priest must have a school of opinion in terms of their decision

and specify the basis of a legal footing .

Chapter II

Discussion

A. Definition of madzhab

The word madzhab comes from the Arabic of the adverbial place (noun

description of the place) from the root word dzahab (go) (Al-Bakri, I'ânah ath-

Thalibin, I/12). Thus, it terminologically means, "place to go", that is the way

(ath-Tariq) (Abdullah, 1995: 197; Nahrawi, 1994: 208).

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In the terminological sense, schools/madzhab according to Said Ramdhani

al-Buthy, madzhab is the way of thinking (understanding / opinion) taken by a

mujtahid in establishing an Islamic law from al-Quran and Hadith.1

Meanwhile, according to usul fiqh term, the school is a collection of the

opinion that a mujtahid ofIslamic laws, were excavated from the postulates of the

Shari'a are detailed as well as various rules (qawa'id) and grounding (usul)

underlying this opinion, which is interlinked with each others that it becomes a

unified whole (Nahrawi, 1994: 208; Abdullah, 1995: 197). According to

Muhammad Husain Abdullah (1995:197), the term school includes two things: (1)

a set of Islamic laws unearthed a mujtahid imam, (2) usul fiqh as the entrance

(Tariq) mujtahid was taken to explore the laws of Islam of his arguments are

detailed.2

Sheikh Taqiyuddin an-Nabhani confirms two elements of this school by

saying, "Every school from various schools who has had the excavation method

(tariqa al-istinbâth) and any opinions in the laws of Sharia." (Ash-Syakhshiyah

Al-Islamiyah, II / 395).3

B. Biography of four schoolsConsidering how famous these names of the fourth priest of this sect, the

following will be explained further how the individual and their thoughts.

a. Imam Hanafi (80-150 H)

His full name is Imam Abu Hanifa al-Nu'man bin Sabit bin Zauti born in the

year 80 AH Kuffah city on Umayyah Dynasty.4 All the literatures that reveal

the life of Abu Hanifah said that Abu Hanifa was an 'alim of their

knowledge, ascetic,' abid, wara ', taqiy, humility' and tawadhu '.

Many methods of ushul used by Abu Hanifa rely on ra'yun, after the Qur'aan

and Sunnah. Then he leaned on qiyas, which was a lot of protests among the

scholars who have not been aligned with the thinking level of Abu Hanifah.

1 Huzaemah Tahidowanggo, Pengantar Perbandingan Madzab, (Jakarta: logos wacana Ilmu, 1997). Hlm. 71.

2 Http://www.hayatulislam.net/persoalan-seputar-mazhab.html3 Ibid.4 Abdullah Musthafa Al-Maraghi, Pakar-pakar Fiqih sepanjang sejarah, 2001, Hal.

72.

3

Similarly istihsan which he made his school of thought as a backrest, the

reaction scholars.5

Imam Hanafi mentioned as the man who first compiled the book of fiqh

based groups that originated from the purity (taharah), prayers and so on,

which is then followed by subsequent scholars like Malik bin Anas, Imam

Shafi'i, Abu Dawud, Bukhari, Muslims and others.6

At the end of his life Abu Hanifah was poisoned, as presented in the Book

of Al-Adh-Dzahabi Baar said, it is related that the Caliph Al-Mansur gave

drink to the imam Abu Hanifah poisoned and he died as a martyr. May

Allah give him mercy. Background of his death is because there are some

who do not like spreading slander on Abu Hanifah, giving false information

to the Al-Mansur, so Al-Mansur's murder, and there is an authentic history

says that when his death was near, Abu Hanifah prostrate until he died in a

state of prostration.

While historians agree he died in the month of Rajab in 150 H at the age of

70 years.

b. Imam Maliki (93 – 179 H)

His full name is Abi Amir Malik ibn Anas al Ashbahi, with the nickname

Abu Abdillah. He was born in the year 93 AH, he compiled the book Al-

Muwatta ', and in its compilation he spent 40 years, during that time, he

showed the 70 scholars of fiqh of Medina.7

Malik bin Anas was born in Medina in 93 AH Since young he had

memorized the Koran and has seen his interest in science. He is considered

an expert in various branches of science, especially the science of hadith and

fiqh. Imam Malik's works so much, among the most popular is Al Muwatta

'which means' easy' or 'simplicity'. The specialty of Al-Muwatta 'Imam

5 Mustofa Muhammad Asy Syak’ah, Islam Tidak Bermazhab, 1995, Hal. 3336 http://id.wikipedia.org/wiki/Abu_Hanifah.7 ______________________ Malik_bin_Anas.

4

Malik is that detailing the various issues fiqhiyah rules in the capture of the

hadiths and atsar.

c. Imam Syafi’i (150-204)

His name is Abu Abdullah, Muhammad ibnu Idris bin Abbas bin Usman

bin Syafi’i bin Saaib bin ‘Abiid bin Abdu Yazid bin Hasim bin Muthalib bin

Abdu Manaf, the grandfather of Nabi.8

Most of the history mentioned that Imam Shafi'i was born in the Ghazza,

Sham (Palestine) from the descendants of Quraysh and Nasabnya met with

the Prophet Muhammad. to his grandfather, Abdi Manaf father died when

he was little. At age two he was taken by his mother to move to Mecca.9

At the age of about seven years of Imam Shafi'i had memorized the Koran,

but he also memorized many of the hadiths of the Prophet. In addition to

intellectual and scientific odyssey in such a way, Imam Shafi'i is also a

reflection fiqh. In other words, the social life of society and the

circumstances of his time a profound influence in shaping the Imam Shafi'i

school of thought and his fiqih. History of his life shows that he was

strongly influenced by the surrounding community as evidenced by the

emergence of two trends in Shafi, known as qaul qadim (old school) and

qaul jadid (new school).

Experts say Islamic law, Imam Shafi'i school qadim built in Iraq in the year

195 H. Imam Shafi'i arrival to Baghdad in the reign of Caliph Al-Amin was

involved in a heated debate Shafi'i jurists rational with Iraq.

While the school of jadid is the opinion during stay in Egypt in many ways

to correct the previous opinions. The new ideas include Imam Shafi'i in his

book fit in Umm al. In the year 195 H. He returned to Baghdad and stayed

there for three years.

8 . , , ,( ) , ص دمشق القلم دار الكبر السنة فقيه الشافعى المام الدقر الغنى 2عبد9 Mun’im A. Sirry, Sejarah Fiqih Islam Sebuah Pengantar, (Surabaya: Risalah

Gusti, 2006, Cet.2), Hal. 100.

5

Characteristics of the Shafi'i thought more over in this second stage is more

development of global practice thoughts on furu'iyah issues. Pluralism of

thought that exist in Iraq are the main factors that led to the maturity of

thought Shafi'i.

And then, in the year 199 H. he moved to Egypt until his death in the year

204 H. His final years in Egypt he used mostly to write and revise the books

ever written. Ar-Risala book written when in Makkah was revised again,

minus and plus correspond with the new developments in Egypt.10

d. Imam Hambali (164 – 241 H)

The full name of this priest is the son of Ahmad bin Hilal bin Hambal Usd

bin Idris bin Abdullah bin Abdullah bin Anas ibn Hayyan bin Auf bin bin

Mazin bin Syaiban Qasit. He was born in Baghdad, Iraq in 164 H/780M.11

His father died when Ahmad was a child, he was then cared for by his

mother.

the first Science he mastered is memorizing the Qur'an at the age of 15, he is

also adept at reading and writing to perfect to be known as the most

beautiful writings. Then he began to learn the science of hadith

concentration in the early age of 15 that year. He has studied the Hadith as a

child and to learn about this hadith, he never moved or migrated to Shaam

(Syrians).

Imam Ahmad bin Hambal apprenticed to many scholars, there are more than

two hundred eighty are scattered in various countries, such as in Makkah,

Kufa, Basra, Baghdad, Yemen and other countries. Among them are: Ismail

bin Jafar, Al-Abbad Abbad bin Ataky, Umari bin Khalid bin Abdillah,

Husyaim bin Bashir bin Qasim ibn Dinar Al-Sulami, Imam Ash-Shafi'i,

10 Ibid, Hal. 109-110.11 Abdullah Musthafa Al-Maraghi, Pakar-pakar Fiqih sepanjang sejarah,

(Yogyakarta:LKPSM, 2001), H. 105.

6

Waki 'ibn Jarrah, Ismail bin Ulayyah , Sufyan bin 'Uyainah, Abdurrazaq,

Ibrahim bin Ma'qil.12

Generally, experts of hadith had studied imam Ahmad ibn Hambal, and

learn him well as scholars who had been his teacher, the most prominent

are: Imam Bukhari, Muslim, Abu Dawud, Nasa'i, Tirmidhi, Ibn Majah,

Imam ash-Shafi'i. Imam Ahmad, his son, Imam Ahmad bin Salih bin

Hambal, his son, Imam Ahmad bin Abdullah bin Hambal, nephew, son of

Ishaq Hambal. After nine days in hospital, he breathed his last breath may

Allaah have mercy on Friday morning to coincide with the twelfth of Rabi

'al Awwal 241 H at the age of 77 years. His corpse was attended by eight

hundred thousand mourners sixty thousand men and women mourners.13

C. Basics of fiqh of four schools

1. Basics of fiqh of Hanafi

Abu Hanifah did not establish a foothold in the basics of diligence in

detail, but the general principles (usul kulliyah) on which the building

thinking fiqhiyah reflected in the following statement, "I return all the

problems in the Book of Allah, I am referring to the Sunnah of the Prophet,

and if I did not find an answer in the Qur'aan and the Sunnah of the law of

the Prophet PBUH. then I'll take the opinion of the Companions of the

Prophet, and not switched on in addition to their fatwa. If the problem came

to Ibrahim, Sya'bi, Hasan Ibn Sirin, Atha 'and Said bin Musayyib

(everything is tabi'ien), then I reserve the right to ijtihad, as well as their

diligence.14

from this we know that the fundamentals of Abu Hanifah used

istidlal is the Qur'an, Sunnah and Ijtihad in the broad sense. This means that

if the texts of the Qur'an and Sunnah are clearly demonstrated in a law, then

the law is called "taken from the Quran and Sunnah". But when nash was

demonstrated indirectly, or just give the basic rules of moral purposes, illat

and so forth, then the law-making is called "through qiyas'.

12 http://id.wikipedia.org/wiki/Ahmad_bin_Hanbal.13 Ibid.14 Mun’im A. Sirry, Ibid,Hal. 87.

7

All the priest agreed on the necessity of referring to the Qur'an and

Sunnah. What distinguishes the premises of Abu Hanifah with other priests

who plumbed the truth lies in the law, seeking moral objectives and benefit

the main target of a law. Included in this theory is the use of qiyas, istihsan,

'urf (customs), welfare and other theories. More acute difference is that Abu

Hanifa many theories had been used and is very tight in the acceptance of

hadith ahad. Unlike other priests, Abu Hanifah often interpret the texts and

restrict its application in the context of the framework illat, wisdom and

moral goals and forms of benefit are understood.15

It should be added that no matter how famous Abu Hanifa school of

rationalists who explore the meaning behind and illat a legal and often uses

qiyas, it would still not mean he has ignored the texts of the Qur'an and

hadith and Sunnah or atsar leave provisions. There is no authentic history

that says that Abu Hanifah precedence than the ratio of the Qur'an and

Sunnah.

even if he found the opinion or qaul (statements) of companions, he

refused to do ijtihad. In other words, the thought of fiqh of Abu Hanifa did

not stand alone but is deeply rooted in its predecessors in Iraq and also the

hadith scholars in the Hijaz. Hasan ibn Muhammad Abu Zahra was quoted

as saying, confirming that the person's legal problems related to his wife

before the tawaf pilgrimage, Abu Hanifah took the opinion of Ibn Abbas, a

hadith expert scholars of Mecca, and rejected the opinion of Ibrahim who is

known by many rational jurisprudence of thought bequeathed to him.

2. Basics of fiqh of Maliki school

Just as Imam Hanafi, Imam Malik has not actually written the basics

fiqhiyah a foothold in the diligence, but the leaders of this school, the

students of Imam Malik and the generations that come after it concluded

basics fiqhiyah Imam Malik then write it down.

some of the cues that exist in the fatwa, fatwa, and his book Al-

Muwatta ', fuqaha Malikiyah formulate the basics of the Maliki school.

15 Ibid, Hal. 87-88.

8

Malikiyah fuqaha mention that most of the basics of the Maliki school there

are twenty kinds, namely: Al-Qur'an Nash literature, mafhumul mukhalafah,

mafhumul muwafaqah, tambih alal 'illah (legal power search), nor in the

Sunnah, ijma' qiyas, traditions of the people of Medina, qaul shohabah,

istihsan, istishab, sadd al-dara i ', mura'at al err, maslahah mursalah and

syar'u qablana man. Al-Qurafidalam Tanqih his book Al-Usul, said Maliki

school of the basics are as follows: Al-Qur'an, Sunnah, Ijma ', the act of the

people of Medina, qiyas, qaul friend, maslahah mursalah,' urf, sadd ad-dara

'i, istihsan and istihsab. Even Syatibi, an expert on the Maliki school of law,

simplifying the basics of the Maliki school into four issues, namely the

Quran, Sunnah, ijma ', and ra'yi (ratio).16

3. Basics of fiqh of Syafi’i school

For Imam Al-Shafi'i , Qur'an and Sunnah isin one level, and even

one unified source of Islamic law. While such theories istidlal qiyas,

istihsan, istishab, and deodorized merely a method of formulating laws and

concluded from its main source was.

Integral understanding of the Qur'an and Sunnah is an interesting

characteristic of fiqh thought Syafi'ie. According Syaafi'ie, the position of

the Sunnah, in many ways, explain and interpret something that is not clear

in the Qur'an, detailing a global, specialized common and even make its

own laws that do not exist in the Qur'an.

Another interesting hypothesis in mind Syafi'ie methodology is a

statement, "Any problems that arise will be found the judjment provisions in

the Qur'an".17 To prove the hypothesis that, Syafi'ie mentions four ways to

explain the Qur'an in a law. First, the Quran tells of a law with the legal

texts are clear, such as texts that require prayer, fasting, zakat and hajj, or

texts that forbid adultery, drinking alcohol, eating carrion, blood and the

other.

16 Ibid, H. 97.17 Ibid. H. 111.

9

Second, a global law in the Al-Quran and the Sunnah of the Prophet

specified. For example, the number of prayers in the prayer, time of

execution, as well as charity, what and how many levels that must be

removed. All that is called globally in the Qur'an dal Prophet who explained

in detail.

Third, the Prophet Muhammad is also often determine a legal no

legal texts in the Qur'an. Form of explanation of the Qur'an for this kind of

problem by requiring obedience to the commands of the Prophet and away

from the ban. In the Qur'an mentioned: (4:80), which means: "Those who

obey the Apostle, he is obedient to God.".

Thus, a law established by the Sunnah means established by the

Qur'an, as the Qur'an instructed to take anything away from that ordered by

the Prophet banned.18

Fourth, God also requires his servants to diligence on the various

issues, there is no provision in the Qur'an and the Hadith. Explanation of the

Qur'an in a problem like this, is to allow ijtihad (even require) in accordance

with the awareness of the maqasid al-Shari'ah (the general objectives of the

Shari'a), for example by qiyas or analogical reasoning, in Al-Qur 's

mentioned in 4:59.

4. Basics of fiqh of Hambali School

His strict and fundamentalist attitude is reflected to his fiqh thoughs.

The scholars concluded that Hanabilah statements of Imam Ahmad bin

Hambal and thoughts his fiqh built on the basis of ten, the five basic

ushuliyah and five others as a development base. Basics of Hambali schools

are: (1) Nushus, which consists of texts of the Qur'an, Sunnah and ijma nash

', (2) the fatwas friend, (3) if there is a discrepancy, Imam Ahmad choose

the closest with the Qur'an and Sunnah, and if it is not clear, he just tells

deviation and did not specify the manner in particular, (4) hadiths mursal

18 Q.S. 59 : 7.

10

and da'eef, (5) qiyas, (6) istihsan, (7) sadd al-virgin-i ', (8) istishab, (9) ibthal

al ja'l, (10) maslahah mursalah.19

From the basics and methods of making this ruling, it appears that

Imam Ahmad bin Hambal use ratio narrowed to some extent. He has put a

priority use of qiyas.

Chapter IIIConclusion

Knowing various schools as well as priests, scholars of fiqh, is

important to help us know the arguments and the way they thought. As an

affirmation of Shaykh Taqiyuddin-Nabhani. The term school includes two

things: (1) a set of Islamic laws unearthed a mujtahid, (2) usul fiqh as the

entrance (Tariq) mujtahid was taken to explore the laws of Islam of his

arguments are detailed.

Sheikh an-Nabhani Taqiyuddin confirms two elements of this school

by saying, "Every school from various schools who have had the excavation

method (tariqa al-istinbâth) and any opinions in the laws of Sharia." (Ash-

Syakhshiyah Al-Islamiyah, II / 395). This paper may be useful for us all.

19 Mun’im A. Sirry, Ibid, h.126.

11

Bibliography

Tahidowanggo, Huzaemah, Pengantar Perbandingan Madzab,

Jakarta: logos wacana Ilmu, 1997.

Asy Syak’ah, Mustofa Muhammad, Islam Tidak Bermazhab, 1995.

Al-Maraghi, Abdullah Musthafa, Pakar-pakar Fiqih sepanjang sejarah,

Yogyakarta:LKPSM, 2001.

A. Sirry, Mun’im, Sejarah Fiqih Islam Sebuah Pengantar, (Surabaya:

Risalah Gusti, 2006.

http://id.wikipedia.org/wiki/Ahmad_bin_Hanbal.

, , ,( ) , دمشق القلم دار الكبر السنة فقيه الشافعى المام الدقر الغنى عبد

2ص.

12