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To analyze and come to a conclusion of law, the Mujtahid faced with a long road; road where they must use reasoning to make sense of what we are familiar with the fair.
Fair are the sources relied upon fikir framework. Resources to establish this law are legion: the Quran, Sunnah, Istishab, Ijma, Qiyas, qaul Shahabi, Personality 'man Qablana, istihsan, Istishlah, Istiqra, Muraa'tul A'raf wal' Awaid.
This variety of methods that will deliver a Mujtahid to arrive at a conclusion in law.
Indeed these methods from third-to-end can not be separated from the Ulama disagreement about the validity of whether or not to be used. It's worth knowing.
If we try to analyze further, the eleven sources of law in the above methods will be divided into two;
First, there is a showing that the law was he as the original source, and
Secondly, there is a show of law but rather as an original source, but rather follow the original source.
First class is included from the Qur an, Sunnah, and Istishab, the rest go in the second group.
The first class of this section has two levels of each, because basically the original source of religion is only one Quran; that comes from Allah SWT is the meaning and lafadz, so this is how it ranks the highest level.
The Sunnah is under the Al-Quran because it is a statement of the Prophet to explain the verses of the Quran. Meaning the Sunnah of Allah SWT, and lafadznya of the Prophet.
However, the Sunnah is also considered the original source because he was not merely the words of the Prophet himself, so in this case he is our group into the first class.
The same-level-linkage also occurs in the second group.
This group does not become a source of law as the original source because he needs the rest and can not stand alone. Consensus becomes a source of law because there is his foundation, both the Koran and Sunnah.
Qiyas be a source of law because there are established for comparison Quran or Sunnah.
Qaul Shahabi (The words of the Companions) became the source of law because it is not based on passion or the will of a mere friend, but on the basis of their understanding of the Quran and Sunnah.
Personality 'Man Qablana (Shari'a previous prophets) can not be a source of law if it is not mentioned again in our Sharia (Quran or Sunnah).
Istihsan, Istishlah (some experts call it mashalih mursalah usul), Istiqra, Mura'atul A'raf wal 'Awaid basically it is not fair at all, the authors looked at more closely to a method of governance fikir, because all of them dominated by the role of reason, while reason itself is still in debate about the status of Experts Usul as a source of law or not.
This is what makes istihsan, Istishlah, Istiqra, Muraa'tul A'raf wal 'Awaid as resourceful in analyzing battlefield. It should be observed.
Regarding the reason, Abu Nasr al-Farabi was born in 870 AD argues, that makes sense consists of two parts, namely the practical and theoretical. Reasonable conclusions and practical work to find potential theoretical sense, habits and discovery.
Mechanism of action makes sense when it blasted on a matter as follows: simple, the first reason would capture and describe the form of the object with all its possibilities is going to happen, then the theoretical sense trying to take things that can be concluded, then the practical sense to conclude what was found by a theoretical sense.
So in this case, because he was closer to the product sense, istihsan, Istishlah, Istiqra and Muraa'tul A'raf wal 'Awaid we categorize in the second group as the source who follows the original source. It should be realized.
In the scholarly arena is these instincts and the ability of a Mujtahid fikir procedures required an all-out.
Mujtahid is not enough to just understand correctly the meaning of texts, but also is required to analyze the circumstances that occurred, and then communicate what difahaminya of the texts with what difahaminya of the situation and conditions in a frame right decision.
A mujtahid allegedly will lose its function when the weak in this regard.
In connection with what we have described above, there are interesting things we can learn of what has been achieved by Muhammad bin Idris Shafii As a diwafatkan in the year 150 H. and that we know are familiar with the call of Imam Shafi'i.
Founder-principal subject of Usul Fiqh science. A science that leads a mujtahid to take a legal conclusion.
A priest who constantly uses in-depth and accurate analysis on madzhabnya, so do not be surprised if madzhabnya embraced by the majority of Muslim population in the world.
One of the many advantages of imam Shafi'i very interesting is the method which we are familiar with his Istiqra (research / exploration of the field).
This means that in completing an opinion, he not only adhered to the analysis of the Quran, Sunnah, Consensus and Qiyas, but also pay attention to and analyze the conditions and situation in which the opinion must be excluded, further texts to be applied it must be tailored to local circumstances. We should reflect on this.
For example, to determine the age at which a woman has begun menstruating, so he had to meet more than 40 women to ask directly to them about when to begin entering the age of menstruation.
Only after it concluded the opinion of those answers that have been communicated to the consideration of Nash.
It was narrated that someone asked Imam Shafi'i who was sitting on his camel;
"How many camels foot master". As-Shafi'i did not immediately answer, he soon fell from his camel and camel ensure that the state of the four legs one by one, then finally said "The number four". This history shows that he is a mujtahid who is very thorough analysis of his and do not try to draw an opinion but after reflection, and field research that truly authentic.
The fact is that a newborn baby and the evidence of what we know today in terms of qaul Qadeem and qaul Jadid. That is the opinions he produced in different places. Decided opinion in Iraq is qaul Qadeem, while qaul Jadid was his opinion that it was decided in Egypt.
Both countries would have a fairly prominent differences, each has its customs, different circumstances.
Between qaul Qadeem with qaul Jadid certainly can not be separated from the differences, though built of the same texts and analysis-As-Shafi'i mujtahid-the same.
Is the source of the difference between the two is the difference in Iraq and Egypt are taken into consideration so that the analysis Shafi He made different decisions must be made in accordance with the circumstances of different countries.
What has been achieved As-Shafi'i has demonstrated his mastery of thinking methods, especially with his istiqra method.
Readers can find it in a clear and thorough second opinions in his book "al-Imam as-Syafii Baina Madzhabayhi; al-Qadimi wa al-Jadidi" by Mr. Nahrowi Abdussalam; a cleric from al-Azhar graduates Betawi, Cairo. The authors opinion, it's time we was a small-Shafi'i Shafi'i. It is worth our study.
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