preliminarySaid al-yaqeen etymologically means confidence and certainty. In another editorial writer also get al-yaqeen have a similar meaning with the meaning of the above, the determination (thuma'ninah al-qalb) against a particular fact or reality. Furthermore Imam Al-Ghazali asserted that it believes is the steadiness of heart to justify a legal object, where the heart is also able to ensure that the stability it is the right thing.
Confident in the context of this kaedah has a wider meaning than the notion sure etymologically. Because that is sure here including zhan (strong presumption), which had not yet reached the degree zhan sure, but the jurists are accustomed to using the word al-'ilmu (know) and be sure to show the meaning zhan and vice versa.
While syak word etymologically means indecision or vacillation. Specifically jurisprudents interpret offense as doubt and vacillation the occurrence or non-occurrence something. Meanwhile, according to the terminology, Imam Nawawi stated that the offense in terms of jurists defined as doubts between form and whether or something.
Jurists also confirmed that the reference is not lost (laa yazalu) on this rule does not mean belief itself disappear, because it is impossible, but the laws that have been built on that belief that is not lost. As the opinion of Abu Bakr Ibn Muhammad
So the purpose of this kaedah are all the laws that have been based on a belief can not be influenced by the doubts that arise later, because doubtful that an external element and comes after conviction would not be able to eliminate the law assured that have been there before.
A. Source Decision MethodsThe proposal fiqh scholars in making this kaedah take from several sources following basis;1. Al-Quran
There are several verses that form the basis of this kaedah terbebentuknya, of which is as follows;a. QS. Yunus: 36وما يتبع أكثرهم إلا ظنا إن الظن لا يغني من الحق شيئا; يونس: 36Meaning: "Most of them follow nothing but prejudice alone. Indeed prejudice it will not deliver the truth at all ". (QS. Yunus: 36)The first paragraph highlights the character of the idolaters who often hold on prejudices that could not be substantiated.
2. HadistThere are so many hadiths that became the basis of the formation of this kaedah, of which is as follows;a. HR. Muslimإذا شك أحدكم في صلاته فلم يدر كم صلى ثلاثا أم أربعا فليطرح الشك وليبن على ما استيقن: رواه مسلم"If one of you doubt his prayer, then he does not know how many rak'ahs he has done, three or four, let him throw the doubts and adhering to his convictions". (HR. Muslim)as set forth in the book Al-Fawaidul Janiyah bouquet of Abi Al-Fadani Muhammad Yasin, cet. I, (Beirut; Daral Mahaja, 2008), on the page. 183This hadith gives isyarah that if there are two numbers that make us skeptical about what is right to do, then the numbers terkecillah the grip.b. HR. Muslimإذا وجد أحدكم في بطنه شيئا فأشكل عليه أخرج منه شيء أم لا فلا يخرجن من المسجد حتى يسمع صوتا أو يجد ريحا: رواه مسلم"Apabilah one you get something in his stomach, then raised kemusykilan whether something is out of the belly or not, so do not go out of the mosque, and he heard a voice or get a smell" (HR. Muslem)The content of this hadith explains that the person who originally sacred, then he hesitated whether he has issued wind or not, then he should be considered to be still in a state of purity. According to Imam Nawawi, this hadith is one of the basic foundation of Islamic jurisprudence which is then used as a fundamental awakening kaedah-kaedah fiqh. HR. Bukhari-Muslimشكي إلى النبي صلى الله عليه وسلم الرجل يخيل إليه أنه يجد الشيء في الصلاة, قال لا ينصرف حتى يسمع صوتا أو يجد ريحا: رواه بجاري و مسلم"Prophet was given the news about a man who felt the wind (coming out of the stomach) in prayer. He said "he should not stop praying until he hears a sound or smell." (HR. Bukhari, Muslim)
This hadith is a continuation of the second hadith above, as well as affirmation of the substances contained in it. The Prophet confirms two things: First, doubts that a feeling out the wind can not change the legal status of which has been previously believed, namely the holy condition. Second, the belief that there can only be surpassed by another belief.c. HR. Tarmidziإذا سها أحدكم في صلاته فلم يدر واحدة صلى أو ثنتين فليبن على واحدة فإن لم يدر اثنتين صلى أو ثلاثا فليبن على ثنتين فإن لم يدر ثلاثا صلى أو أربعا فليبن على ثلاث وليسجد سجدتين قبل أن يسلم: رواه التر مذى
'' If one of you forgot in prayer, whether already reached one or two cycles ?. Then let him believe most of the first cycles. If you are not sure whether the prayer of two cycles or three ?. Then let convince at second cycles. If do not know if three or four, then let proceed third cycles. And be doing two prostrations (forgetfulness) before the salutation "(HR. Tarmidzi)In this hadith the Prophet better explain the purpose of ma istayaqqana. When in doubt between one and two, then the chosen one. Similarly so, it means that in case of doubt in terms of numbers such as the number of cycles then used as the handle is a number that is at least.
B. Application Methods In Fiqh LawFrom the foregoing it can be understood that the application of the law fiqh kaedah suffices encountered in everyday life, both in the realm of law 'Ubudiah and in transactions syar'i or commonly called muamalah, of which is as follows:
Belief in the validity thaharah (purification), a person who previously had been convinced that he was in a state of pure, for example wudhuk, will not be lost due to legal doubts arise later.
If when doubts arise between husband and wife who have clearly legitimate, but once there is doubt whether the husband has pronounced divorce or not. Hence illegitimate law remain valid, since the legal origin of the form of the marriage bond between them had been legitimate from the beginning.
A wife claimed not given nafakah for some time, then that is considered right is his wife said, because of convincing the responsibility of the husband to his wife to give nafakah unless the husband has convincing evidence anyway.
Someone thought to someone else committed the crime, then the suspicion is unacceptable, unless there is a valid and convincing evidence that the person has committed a crime.
And there are many other examples in various fields of jurisprudence in particular, so that it appears this kaedah.
C. Methods-Methods Branch
It is understood that each basic Siwak Siwak-kaedah definitely have a matching branch and have the same substance, although different in its disclosure. At kaedah al yaqinu laa bisyakki yazalu this, the scholars of fiqh proposal suggests there are some kaedah branches, of which is as follows;1. الأصل في الأشياء الإباحة"The law is the origin of everything is allowed"In practical terms, this kaedah can be applied if we find animals, plants or whatever, which is unknown in the legal status of shari'ah. All of these items judged lawful, appropriate substance contained in this kaedah.
2. الأصل براءة الذمة"Legal person's origin is free from the responsibility"This method suggested that a basic standard of human relationships and individual communities are keterlepasannya of the responsibility of others (zimmah) when that right is uncertain. An example is the defendant who refused the oath of the contract can not be applied the penalty, because of its nature it is free from dependents and who should be appointed oath is the accuser.
3. الأصل بقاء ما كان على ما كان"Origin of law is a provision that has been previously owned"This method bases that a case that has been in one particular conditions of earlier, will remain as the first condition for there is no proof that shows to other laws. The main reason why the first law to be used as the basis of law, as the basis of everything is not changed or fixed as usual (baqa '). An example is someone who believes in the sacred state, then he hesitated in a state berhadas, then keep it holy. This problem can we meruju 'in the book Asybahu Wannadhair, written by Jalaluddin Al-Sayuthi, cet. I, (Jakarta; Al-Haramain, 2008), p. 61.4. الأصل عدم الفعل"The law is the origin of the lack of work"Sub kaedah states that basically everyone mukallaf considered not doing a job before the job is completely real form and is believed to exist. For example, someone who hesitated when the dawn prayer, whether he has qunut or not, then it is advisable perform prostration for forgetfulness, because he did not work on the original law qunut.
D. Exclusion MethodsAs we have understood, this is a kaedah kaedah aghlabiah, that not all problems doubts and sense of confidence experienced included within the scope of this kaedah, but there are some problems that are excluded, among others;
Women who are menstruating are in doubt whether to stop or not, then he is obliged to pray a large shower.
Men who doubt if that comes out of his penis was semen or madzi, though he doubted that out the semen that may require a bath or a shower madzi that do not oblige. So he also required a large shower.
Clothes someone exposed to unclean, but he did not know which part is exposed to unclean, then he shall wash clothes seluruhya.
Skeptical about the still widespread is the time to do juma't or not. Doubt if the lack of treasures sure dizakatkan in perfect balance after the previous treasure. The above bedasarkan the author's understanding of the book of Al-Fawaidul Janiyah at page 185.
E. CONCLUSION
From a number of previous description, it can be concluded that the common sense believes guarding human life, both in the business world, social relations, to his spiritual interaction is primary capital that does not deserve to be wasted. Mengiring sense confident man to reach the key to success and the success of the world life happiness hereafter. Conversely, people who do not have confidence, his journey will waver aimlessly.
Confidence is at kedah this is the achievement of stability in love with the object of the law that has been done, good stability it has reached the level of knowledge that is steady or strong perception (zhan), so not a steadiness of heart is accompanied by doubt when carrying out the work, because it category terkmasuk not sure.Systematically, some scholars sort out the condition of the heart in the following five parts:
Yaqin, the determination that rests on the proposition qath'iy (exact instructions).
I'tiqad, the courage that does not rely on the argument of qath'iy.
Zhan, the perception or assumption careful of two different things, one of which is more powerful.
Syak, which is a form of prejudice against two things without favor one of the two.
Delusions, namely the possibility of weaker than assumed two things.
والله اعلم
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