#1 Identifying and Analyzing General Concepts of Masa'il Fiqh Include: Definition, Scope, and Purpose of Learning; and Understanding and Analyzing the Concepts of Qat'iy and Dzanniy and Their Role in Determining Islamic Law

REVIEW OF MASAIL FIQH
16110067 - Fiana Shohibatussholihah (09)
UIN MAULANA MALIK IBRAHIM MALANG

•   The word Masail Fiqhiyah (المسائل الفقهية) is etymologically derived from the language of Arabic of masail and fiqhiyah which in nahwu is called the relationship of shifah and maushuf, or na'at with man'ut. Lafazh masail (مسائل) is a form of the 'assessment of mas'alah (مسئلة) which means a problem or problem. The basic word is sa'ala (سئل) and means "to ask". Masail are new problems that arise as a result of questions to find answers to. 
•  According to the meaning of language is new problems related to problems or types of law (fiqh) and answers are sought. 
• In the terms, masail fiqhiyah are the problems of the new Islamic law al-waqi'iyyah (factual) and questioned by the people the legal answer because explicitly the problem is not contained in the sources of Islamic law. He also means that Islamic legal issues are always faced by Muslims so that they are active in their daily activities and behave according to Islamic guidelines.
• Masail fiqhiyah is new problems that arise after the decline of the Qur'an and hadith and after the death of the Prophet Muhammad that there are no definite legal provisions, so that in seeking the answers requires the agreement of the ulama in determining the law taken from the Qur'an, Hadith, Ijma ', qiyas.
• The scope of the Masail fiqhiyah discussion includes:

Ø  Hablun minallaah, ibadah devided into 2, mahdzah and ghairu mahdzah.

Ø  Hablun min an-naas

Ø  Human relationship with their self

Ø  Human relationship with the environment

• The purpose of Masa'il fiqhiyah in general is to answer and resolve new problems that arise in society in modern life that are often questions so that they require logical answers to legal certainty. While the purpose of specifically studying Masail Fiqhiyah for us prospective educators is so that later when we teach we are ready and able to answer and resolve problems and questions that may arise from students. The other objectives of the existence of masail fiqhiyah are:

Ø  As a scientific discipline, Masail Fiqiyah is included in the field of study which contains the most debates, nuances and benefits. All of that will be wisdom and mercy, when addressed fairly, objectively, critically and dynamically.

Ø  The existence of Fiqiyah Masail science shows a strong and deep concern from among Islamic jurists to provide answers to various developing problems.

Ø  The various answers they provide can be used as comparison material and add to enriching the intellectual treasure.

Ø  Masail Science Fiqiyah also shows the existence of freedom of thought responsibly among Muslims and at the same time tolerance and maturity in facing various differences of opinion.

Ø  Scientifically, fiqhiyyah is expected to be able to understand well the problems that arise in Islamic Fiqh, provide the ability to discuss and solve actual Fiqh problems and to socialize them with a broad approach, which does not only focus on classical fiqh texts but also on rational approaches.

• The language referred to as qath'i is broken, definite, or silent, while zhanni is an estimate, a presumption (between right and wrong). Qathi and zhanni are one of the complicated topics among ushul fiqh experts when they are faced with the power of a law (hujjah an argument) or the source of an argument.
• With regard to qath'i revelations, there is indeed a limit to interpreting and transferring the provisions of Allah to other forms, but in the framework of its application it requires careful and thoughtful thinking. Here is the function of reason, so that God's law can be carried out properly according to the conditions in its path. For example, the qath'ian law of cutting hands is undoubted, but in certain cases as faced by the Prophet on the battlefield and Umar in the event of a bad season, the law of cutting hands is not enforced. This is because there is a function of reason that seeks to ensure the application of a legal provision in accordance with the purpose of the law, namely to realize benefit.
• In terms of zhanni's provisions God certainly cannot be understood especially practiced before there is sufficient explanation for it. Here the sense serves to interpret the wisdom so that God's message can be understood and practiced. Therefore there is no reason to contrast revelation and reason, because both are God's gifts to humans. But what must be understood is that the use of reason referred to here is certainly free from lust, and in terms The issue of qathi and zhanni can be seen from the source of the law itself (the Qur'an and the Sunnah), because the causes of the kezhannian are different. First, it is seen from the authenticity that comes from God, then the verses of the Qur'an entirely qath'i. Whereas from the side it is done or the instructions that can be understood from these verses are sometimes qath`i, so that it does not open another gap to be understood, and sometimes zhanni, which is an opportunity to understand it with other meanings. Second, about the Sunnah.
• Judging from the point of view (the authenticity comes from the Messenger of Allah), the Sunnah is sometimes believed to be authenticity. Usually the qath`i traditions in terms of this period are mutawatir traditions. Whereas understanding the meaning contained in these traditions also has the possibility of qath'i and zhanni. As for assessing the truth or the instructions produced by a hadith, it is also possible to have the qualities of qath`i and zhanni. Qathi meant here is that there is no possibility of being understood other than written, while the traditions in the zhanni category are traditions which may be understood differently from legible texts.of legal force produced is not absolute.