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All Journal DIKTUM: JURNAL SYARIAH DAN HUKUM
M. Nasri Hamang
STAIN Parepare
Humanities Law, Crime, Criminology & Criminal Justice

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KEHUJJAHAN HADIS MENURUT IMAM MAZHAB EMPAT M. Nasri Hamang
DIKTUM: Jurnal Syariah dan Hukum Vol 9 No 1 (2011): DIKTUM : JURNAL SYARIAH DAN HUKUM
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (236.642 KB) | DOI: 10.35905/diktum.v9i1.282

Abstract

This article presents the opinion of imams of four Islamic legal schools (mazhab) regarding the validity of hadits as the source of Islamic law. This study shows that the opinion of the imams on that issue is various. According to Abu Hanifah, al-sunnah can be accepted as the source of Islamic law with the condition that it is related by reliable men. As to hadits ahad, he requires that it does not contradict the principles agreed upon by ‘ulama, and its content (matan) does not concern with general issues, nor does it contravene the qiyas. He even accept the hadits mursal if it does not contradict the Quran. While according to Malik bin Anas, hadits can be accepted as the argumentation (hujjah), not only for hadits mutawatir, but also for hadits masyhur, hadits mursal, and hadits ahad, with the condition that they do not contradict the actions of Madinah scholars. Idris al-Syafi’i contends that hadits ahad can be accepted as the source of Islamic law with the requirement that it is related by dhabith transmitter. This is also the case with the hadits mursal. According to Syafi’i, the status of hadits mutawatir is higher than hadits ahad and hadits mursal. Another imam, Ahmad bin Hanbal, uses all kinds of hadits, mutawatir, ahad, mursal, and dha’if, as the sources of Islamic law. He even prefers hadits dha’if
SISTEM IJTIHA DALAM HUKUM ISLAM (Metodologi Pembaruan Ibnu Taimiyah) M. Nasri Hamang
DIKTUM: Jurnal Syariah dan Hukum Vol 8 No 1 (2010): DIKTUM : JURNAL SYARIAH DAN HUKUM
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (266.972 KB) | DOI: 10.35905/diktum.v8i1.297

Abstract

This article explores the ijtihad system in Islamic law with special reference to ibn Taimiyah’s reform method. This study reveals that ibn Taimiyah is one of proponents of reform in ijtihad methodology. In this methodology, he frequently follows the line of Hanbalite system, and neglects three other systems, Hanafite, Malikite, and Syafi’ite. He even produces some works according to his own methodology. Ibn Taimiyah lays so much emphasis on the application of ijtihad methodology based on Qur’an and Sunnah, yet does not neglect ijma’, qiyas, and maslahah mursalah, with strict requirement. He is different from Abu Hanifah who emphasizes the application of istihsan and ‘urf, from Malik who emphasizes maslahah mursalah, and from Syafi’i who prefers the istidlal methodology. Actually, ibn Taimiyah appreciates the rational faculty in analizing the texts (nash). According to him, the usage of rational reasoning makes Islamic law logical. In comprehending religious truth, especially related to natural phenomena and social life, ibn Taimiyah is an empiricist and rationalist. This in turn endorses the scientific experiment and direct observation.
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