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Home , Abu Bakr, Battle of Yamama, Ijtihad, Muadh ibn Jabal, Qadi, Qiyas

The Application of Quranic Interpretation, The Sunna and as The Source of Islamic

Prawitra Thalib, Faizal Kurniawan, Mohamad Nur Kholiq Faculty of Law, Airlangga University [email protected]

Submit: 14-05-2020; Review: 17-11-2020; Terbit: 04-12-2020

Abstract The understanding of Islamic law can not be separated from the interpretation sourced from the , and Ijtihad, which later evolved into a flexible and dynamic source of Islamic law following the demands of the times. Although it has flexible and dynamic properties but the interpretation must still maintain the basic principles that remain will never change. This is very important because misunderstand the intent expressed in the Quran and Sunnah will affect the error of understanding the Islamic law itself, therefore it is important to realize that the effort of understanding is not separated from The true interpretation of of and the that is contained in the Quran and Sunnah. This paper seeks to introduce the foundation of the pursuits that come from the Quran, Sunnah and Ijtihad, which is done using the method of normative assessment of various references discussing the source of Islamic law. Therefore, it is expected to find the meeting point between the understanding of the Qur'an, Sunnah and Ijtihad with the effort to interpret the source of Islamic law aimed at realizing the benefit of the people.

Keywords: Islamic Law, Maslahah, Source of Law.

Abstrak Pemahaman hukum pada hakikatnya tidak terlepas dari interpretasi yang bersumber dari Quran, Sunnah dan Ijtihad, yang kemudian berkembang menjadi sumber hukum Islam yang fleksibel dan dinamis mengikuti tuntutan zaman. sekalipun mempunyai sifat fleksibel dan dinamis namun interpretasi tersebut harus tetap mempertahankan prinsip-prinsip dasar yang tetap tidak akan pernah berubah. Hal ini amatlah penting karena memahami maksud yang tersurat dalam Quran dan Sunnah tersebut akan berdampak pada kesalahan pemahaman terhadap hukum Islam itu sendiri, oleh sebab itu penting untuk disadari bahwa upaya pemahaman tersebut tidak terlepas dari upaya interpretasi makna yang sesungguhnya dari kehendak Allah dan Nabi Muhammad yang tertuang di dalam Quran dan Sunnah. Tulisan ini berusaha mengenalkan fondasi pemaknaan yang berasal dari Quran, Sunnah dan Ijtihad, yang mana hal ini dilakukan menggunakan metode pengkajian normatif terhadap berbagai referensi yang membahas tentang sumber hukum Islam. Sehingga diharapkan dapat menemukan titik temu antara upaya pemahaman Al Quran, Sunnah dan Ijtihad dengan upaya interpretasi terhadap sumber hukum Islam yang bertujuan mewujudkan kemaslahatan umat.

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Kata kunci: Hukum Islam, Maslahah, Sumber Hukum.

Introduction the experts. This reached its The Quran is the undeniable peak when Caliph Umar ibn Abdul main source of law for the Aziz ruled. He ordered the attempt of (Abdullah Ahmed An Naim, 2004: collecting and codifying Sunna. This 33-34), but sometimes the zannian was intended that the presence of the (the nature of being observable), the codified Sunna in a systematic interpretation of the zanni nature that arrangement would facilitate to be brings the opportunity of Quranic the reference for the judges and interpretation when solving a administrators of their territories to problem that arises in the perform their duty (Wael B. Hallq, community, besides the existence of 1997: 14). Moslems in general Sunna and Ijtihad that support the acknowledge that the Islamic law or implementation of the Quran derives from the Quran and interpretation (Prawitra Thalib, 2016: Sunna which was extracted through a 111). For Muslims, it is clear that the specific methodology (usul al-fiqh) belief, devotion, and love to Prophet developed by Islamic scholars in the Muhammad Peace be upon him are eighth and ninth centuries (Peri ones of the factors that can unify the Bearman, 2008: 323-324). moslems in the bond of ukhuwah In its development, Sharia as a Islamiyah, but it does not apply to coherent system was started at the the non-moslems (Prawitra Thalib, beginning of Abbasid (750 2013: 44). The explication and CE). This was indicated by the development or regulation of the emergence of law schools, the verses of the Quran then generated collection of Prophet Muhammad the second source of Islamic law, Peace be upon him Sunna that is Sunna. In the end of systematically as the second source Caliphate’s reign until the reign of of Sharia, and the establishment of , Sunnah became law methodology which then known the most popular subject of study by as the knowledge of foundation or 195 RechtIdee, Vol. 15, No. 2, Desember 2020

principles understood by the source of law that is everlasting, mankind as the source derived from permanent, definite, yet the meaning God Almighty (usul al fiqh) ( content can be analyzed deeper Ahmed, 2001: 48). The previous (interpretable). This happens so that explanation emphasizes that the law the genuineness identity of Islam can theory started from the assumption be assured all the time. Meanwhile, that the Quran is the holiest source of the aqli source of law is the law and Muhammad Peace be upon manifestation of Islamic law him as Rasulullah or God’s dynamism in answering the new Messenger is the man who emerging issue. Thus, by relying on understands God’s pretention the human’s mind, the Islamic law will most compared to other human always be up-to-date in all aspects of beings and acts in accordance with human’s life. Herein lies the His pretention and volition in his relevance that Sharia will remain everyday life. Muhammad Peace be appropriate in every time and place upon him habits in his daily life are (Prawitra Thalib, 2013: 49). It is also regarded as Sunnah and every important to remember that the utterance, direction, or narration he source of law is not the epistemology spoke is called as . The of ushul al-fiqh since ushul al-fiqh is Islamic law in general recognizes larger than the source of law and the two main sources of law, that is the source of law is included into the naqli (source is the source of law that parts of ushul al-fiqh (Prawitra the formation does not require Thalib, 2018: 443). Therefore it is mujtahid’s role ) and aqli (The aqli necessary to describe how to use the source is the source of law that the Quranic interpretation, The Sunna formation requires the role of and Ijtihad as a source of Islamic mujtahid and his mind) sources of law. law (Sami Zubaida, 2005: 12). From the explication above, it Research Methods can be comprehended that the first Based on Peter Mahmud source of law which is naqli is the Marzuki’s (Peter Mahmud, 2017: 60) RechtIdee, Vol. 15, No. 2, Desember 2020 196

book legal research are used to solve the topics from the history both in existing legal problems. From that, terms of the law or its existences. this research used the type of normative legal research. Results and Discussion Normative legal research used The Quran prescriptive where the object of legal The Quran has the highest rank science is coherence between legal as the absolute source of law that norms and legal principles, between came from Allah The Almighty, then legal rules and legal norms, and is followed by Sunnah and ijtihad, between individual behavior and and . The instruction to legal norms. From the type of this obey the command of Allah The research that used normative legal Almighty and his Messenger can be research it also related to doctrinal found in Q.S. An-Nisa:59 (Rahmat research and historical research. Taufiq Hidayat, 2000: 1). Regarding Doctrinal research is a research the places where the verses of the that produces a systematic Quran were revealed, the verses can explanation of legal norms that be categorized into two that is the arrange a particular legal category, and verses. The analyzes the relationship between Mecca verses are the verses revealed legal norms, explains difficult areas, when Muhammad Peace be upon and is expected to also provide him was still in Mecca, which was predictions regarding the approximately 13 years. Meanwhile, development of legal norms in the the Medina verses are the verses future. revealed when Muhammad Peace be While historical research upon him already migrated to approach to legal research helps Medina (Juan El Campo, 2009: 571). untangle legal problems rooted in the Regarding the chapter past. It often provides guideposts categorizations, The Quran is divided showing how things are done before. into 114 chapters or surah which It also explains how the beginning of actually means noble, high degree, or levels on a building. Every surah has 197 RechtIdee, Vol. 15, No. 2, Desember 2020

different length. The longest surah is of Prophet Muhammad Peace be Al-Baqarah which consists of 286 upon him himself. After the verses and the shortest surah is Al- manuscript arrangement had Kawthar which consists of three completed into a mushaf, Zayd verses (Rahmat Taufik Hidayat, submitted it to Caliph to 2000: 8-9). The idea of the Quran be preserved and maintained. Then, codification into a whole manuscript after the decease of Abu Bakr, the (mushaf) was initially proposed by preservation and maintenance of the Umar ibn Khattab. This occurred Quran’s mushaf was continued by because, after the , Caliph Umar ibn Khattab, which about 70 qurro (the experts of then after he passed away, the reading the Quran) and huffaz (the preservation and maintenance of the Quran memorizers) were Shaheed, mushaf was continued by his thus this raised Umar ibn Khattab’s daughter, Siti Hafsah (Rachmat concern of the Quran’s purity loss. Taufiq Hidayat, 2008: 8-9). But in This caused him to urge Caliph Abu the reign of Caliph ibn Bakr to compile the Quran chapters Affan, there was a new problem into a standard manuscript or emerging regarding the difference of mushaf. Thus, there would no more kiraah (the way of reciting the fragments of the Quran that Quran), since, at that time, the disappeared although all qurro and distribution of the Quran highly huffaz had deceased altogether (Juan relied on the retention of Muhammad El Campo, 2009: 572-573). Peace be upon him companions For the implementation of the (Sami Zubaida, 2005: 28) The codification task, Abu Bakr entrusted content of the Quran is sometimes who were assisted still general (zanni), thus the by Ubay ibn Ka’b, ibn Abi Talib, assessment and interpretation are Uthman ibn Affan, and other several required in understanding the qurro companions. This manuscript content. In practice, the process arrangement was based on the during Prophet’s lifetime was manuscripts written at the direction conducted in the form of Sunnah he RechtIdee, Vol. 15, No. 2, Desember 2020 198

established and then continued by the companions, such as Abdullah ibn mujtahids after he deceased in the Amr, Abu Musa al-Ash’ari, and Abu form of Ijtihad which relies on the Hurairah. In collecting , human’s mind as the gift from Allah some of the companions and The Almighty. followers (tabi’in) wrote them in a document and some other relied on Sunna the power of rote and memory (Sami As the second source of Islamic Zubaida, 2005: 29). Other than that, law, Sunna can be defined as the position of Sunnah as the second something that came from source of Islamic law can be seen in Muhammad Peace be upon him in Q.S. An-Nisa verse 59 and 80 also the forms of qaul, fi’il, or taqrir. In Q.S. Al Hashr:7. At the time the last form, Sunna is also often Muhammad Peace be upon him was called as Hadith and vice versa, still alive, he prohibited his sometimes Hadith is also called as companions to record his every Sunna (Maulana Muhammad, 1997: speech or deed except the ones that 41). But essentially, both Hadith and were truly the revelation of Allah Sunnah have differences. Hadith is The Almighty. This prohibition was the Prophet’s speech or words as the intended to avoid the admixture guidance, while Sunna is the between Allah The Almighty’s Prophet’s behavior or deed as the revelations (which were recorded on guidance. But the mention of Sunna purpose) and Prophet’s speech and as Hadith is also possible since deed during his lifetime (Juan El Hadith records and narrates Sunnah Campo, 2009: 278-279). (Juan El Campo, 2009: 645-646). The reason Sunna was forbidden If seen from the source, Hadith to record at that time because the can be categorized into two, that is unclear matters could still be asked Hadith Nabawi and Hadith Qudsi. directly to Muhammad Peace be The collection of Hadith was upon him, so the preservation of initiated during Muhammad Peace be Sunna Rasul during his lifetime until upon him era and conducted by the the era relied on 199 RechtIdee, Vol. 15, No. 2, Desember 2020

the oral and memory eloquence of through the investigation of the the companions who were still alive sanad by the mukharrij. In doing so, (Renny Supriyatni, 2011: 42). The the mukharrij will classify them into process of Sunnah collection and four division of sanad, that is ashab recording was made official in the or sahabah (the companions), reign of Caliph Umar ibn Abdul Aziz tabi’un (the followers), atba’ut who released the instruction to tabi’in (the successors of tabi’un), tadween (to document) the existing and atba’u atbait tabi’in (the Hadiths. It was narrated by successors of atba’ut tabi’in) then Malik that Caliph Umar ibn Abdul reaching the mukharrij of the Hadith. Aziz released the following As with the Quran, sometimes instruction: “Look and investigate Sunna/Hadith merely regulates the the Hadiths and Sunna of Rasulullah, general matters that requires the then write them down because I am further interpretation process. The afraid the knowledge will disappear Sunna functions to provide and vanish due to the decease of explanation, information, or details Islamic scholars ().” The toward the matters mentioned in the instruction of Caliph Umar had Quran since the Quran generally generated the attempt of codifying discusses the certain matters globally the scattered Hadiths and Sunna. The (mujmal) (Zainuddin Ali, 2006: 33). Hadith codification resulted in the major/standard Hadith books named Results of Ijtihad al-Kutub as-Sittah that were After the Quran and Hadith, the recognized as the valid Hadith books third source of Islamic law is ijtihad by the (Rachmat Taufiq which is derived from the word Hidayat, 2008: 28-29). The validity jahada that means the outpouring of of a Hadith is usually assessed from all abilities to obtain something from the history of Hadith narration, and various affairs (Zainuddin Ali, 2006: the sequence of Hadith narrators is 38). Thus, etymologically, based on called as sanad. The assessment of the fiqh books, ijtihad can be defined Hadith validity will be conducted as “the concentration of all potentials RechtIdee, Vol. 15, No. 2, Desember 2020 200

of a fiqh expert or a mujtahid to Ijtihad in Islam that can be said provide the knowledge of .” as the further process of reasoning From the definition, it can be and interpretation of the Quran and understood that ijtihad functions to Sunna as the main sources of law extract (istinbat) the syara’ law. The cannot be separated from the legal basis for the permissibility of function and role of the mujtahids ijtihad can be found in Q.S. An- who indeed serve for the duty. Nisa:59 which mentions that “O you Regarding the standard for a person who have believed, obey Allah and to be a mujtahid, Vogel, as cited by obey the Messenger and those in Robert Gleave, stated that: (Peri authority among you.” From the Bearman, 2008: 235) “It is hardly verse, ulil amri or ‘those in surprising that all the four schools, authority’ is a person, both an ulama, with the exception of the Hanafī, mujtahid, or , who has the ability impose as a condition to qualification to do ijtihad toward an issue as judge the capacity of ijtihad, that (Yusdani, 2000: 15). Meanwhile, the is to say, that the appointee must be a Hadith which permits ijtihad to be mujtahid.” Therefore, a mujtahid is performed is the Hadith which preferably (in accordance with the narrates the conversation between three except ) a Muhammad Peace be upon him with judge or qadi. The relation of a qadi when Muadh was who serves to issue a decision (qada) about to be delegated as the governor and a mujtahid who serves to issue a in . The dialogue stated that in fatwa is indeed interrelated both in encountering every problem, Muadh theory and in Islam would prioritize the Quran and since sometimes the decision is made Sunna, but if there was a problem based on a fatwa (Yusdani, 2000: that was not regulated in both 61). sources, then Muadh would solve the The need of a qadi to be a problem with his thoughts (Mutadha mujtahid is almost universally Muthahari, 1995: 8). accepted by the Islamic classical jurists (this, according to Vogel, is 201 RechtIdee, Vol. 15, No. 2, Desember 2020

only rejected by Hanafi ). language as the lingua franca of This means that a qadi as a mujtahid Islam (Juan El Campo, 2009: 53). should not only understand the law The role of mujtahid, qadi, and from the source of his personal can be said to pass their investigation (Abdel Majid Sharfi, knowledge to the society whose level 200: 152), but he should also practice of knowledge is lower than them his ijtihad capability in relation to (qadi and mufti) (Salim Bahreisj, relevant facts or cases and with his 1987: 322). This perspective capability, he then can find a law in concludes that in the social structure certain cases (Murtadha Muthahhari, of Islamic society, the knowledge is 1995: 51). The previous perspective obtained by the and can be said that a qadi also requires through education and practice. to play the role of a mujtahid since, Moreover, with their own knowledge in Islam, a mufti can only provide the through the activities of ifta and legal opinion. Meanwhile, a qadi is qada, then the muftis and qadis not only able to provide the legal indirectly receive the charisma and opinion, but also to implement his high authority in the society due to opinion (futya and ilzam) in certain their knowledge of God’s law. cases (Wahbah Az-Zuhaili, 2007: Regarding the position of qadi as a 114). The previous explication can mujtahid, Al Sabzawari argued that be understood that not all qadi is if the absolute mujtahid (a mujtahid entitled for the legal interpretation or who is not a qadi but has ahl al- fatwa issuing. Only qadi with a wal-adāla wal-kamāl criteria) is certain knowledge, moral excellence, really not willing in a society, then and competence who can conduct the qadi can have the role of a those duties (ahl al-ilm wal-adāla mujtahid. wal-kamāl). The competence meant by Ibn Barraj is comprehending the Ijtihad Quran, books of Sunna, consensus of There are various methods in Islamic scholars, dissent (particularly conducting ijtihad and one of them is the four madhhabs), and ijma which has the basic meaning ‘to RechtIdee, Vol. 15, No. 2, Desember 2020 202

gather, unify, collect, united, or pull (Abdullahi Ahmed An Naim, 2004: together.’ Regarding the definition of 41). The interpretation by ijma as a source of Islamic law, the through qiyas provides the most experts of ushul al-fiqh argue that extensive explanation since the legal ijma is an agreement or consensus of issue that becomes the main problem mujtahid among Muslims in a being discussed is always related to certain era after the decease of the element of analogical argument Muhammad Peace be upon him (Prawitra Thalib, 2017: 223). Hence, concerning a certain issue or generally, qiyas can be executed if it incident. In practice, after the meets four main elements, that is the decease of Muhammad Peace be existence of a new case (far), the upon him, the interpretation process existence of an original case (asl) in of the Quran and Sunna is only the main sources of law, the considered valid and legitimate if it existence of ratio legis (illat), and the is recognized by a consensus of the existence of legal norm attributed to ijma (Abdullahi Ahmed An Naim, the new case due to the similarities 2004: 39). of illat. In this analogy, it is assumed Another method of ijtihad is that a new case is the case which is qiyas. According to the ulamas of not directly mentioned in the nash, usul, qiyas is connecting an yet humans need to associate the occurrence that has no postulate explicit provision in the text toward (nash) with another occurrence that the new case, which in other words, has any postulate in the law that has the new case or far should own the been set by the postulate due to the similarities with the original case or similarities of both occurrences in asl (Wael B. Hallaq, 2000: 123). the illat (Trisadini Prasastinah Usanti When a fiqh expert utilizes qiyas in dan Prawitra Thalib, 2016: 303). In solving an issue, then the ratio legis other words, qiyas provides an plays the important role in the nash opportunity for the mujtahids to interpretation as the initial reference analogize an incident that is based on of asl toward far. In this case, there the previously occurred precedent are several primary considerations 203 RechtIdee, Vol. 15, No. 2, Desember 2020

that should be concerned by a fiqh construction since this concept is expert in using ratio legis. First, a used to avoid the utilization of the fiqh expert should determine the rigid qiyas. Shafi’i madhhab refuses nature of common denominator in the existence of since it the original and new cases in such a tends to lead to the arbitrary decision way, so he should be capable to (Abdullahi Ahme An Naim, 2004: convince which law to achieve 42). Then, maslahah mursalah is the through the interpretation of a nash method that has the similarity with toward the case that has no clear the utility principle proposed by provision in the nash. Second, every Jeremy Bentham. According to ratio legis should be based on nash. Bentam, the law should provide as The nash where the ratio is taken much happiness as possible to most should be able to be extended to the people, or “the greatest happiness is new cases which has the similarities a greatest number.” The standard of illat and the application should not used in mashlahah mursalah is the be limited at all. Third, the ratio legis benefit to all mankind (Zainuddin should exist when the law exists. Ali, 2006: 41). It is called as Fourth, the existence of a mismatch maslahah or (Kurniawan between the ratio and the law (naqd) Edi, 2018: 176) since behind the can cause the ratio invalid. Fifth, the lawmaking (tasyri’), there is an avail ratio may collapse if the opposing to provide benefits and it denies the party can show that his ratio is more hazard for the public interest (Abd. valid and results in the different law Shomad, 2018 : 56). It is also called than the law achieved by the as mursalah due to the assumption previous thinker (Yuselfri, 2019: 58). which rejects or justify that. In other The Islamic law also recognizes words, there is no reason that the additional techniques which are justifies or denies that since sometimes utilized as the additional everything is done for the good of all sources of law in the Islamic law, moslems (Nurhadi and Muzakir, that is istihsan, mashlahah mursalah, 2018: 154). Another additional and . Istihsan is a favorable source of Islamic law which is also RechtIdee, Vol. 15, No. 2, Desember 2020 204

often discussed is urf which is often Moslems when solving a problem. defined as al-adah or the hereditary However, when the Prophet habits in a society Prawitra Thalib Muhammad Peace be upon him and Bagus Oktafian Abrianto, 2019: passed away, efforts to interpret the 217). According to Abdul Wahhab Qur'an and Sunnah were continued Khallaf, urf and al-adah are the by Islamic Legal Scholar (fuqoha) synonyms that have similar using the methods of ijtihad. definition, but some argued that al- Through the method of ijtihad later adah is more general and urf is a part the results of these interpretations of al-adah. Thus, the habits done will certainly not conflict with the repeatedly by a person is called as Quran and Sunnah. Which results adat fardiyah and the habits done from the interpretation of the Quran repeatedly by a society is called as and Sunnah will later become the adat jama’iyah, and the term urf is source of Islamic law, which will only appropriate with the second give solution to the certain legal term, that is adat jama’iyah (Abd. issues that rise in society. Wahab Khallaf, 1980: 124-125). Bibliography

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