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The comparison between these data should start with the selection of fiqh books that are relevant to the objectives of the study to be done


Academic year: 2023

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The selection book of Islamic jurisprudence is important in determining the issue to be investigated. The selection of the book to be used as the primary reference shall not negate the role of other authentic references. Based on these criteria, six books representing four schools of thought have been chosen as the main reference of the study.

This is proven when many terms are used to explain the level of opinion. The clarification of the differences between these two views is reflected in the edges of the Ẓāhiri and Ḥanafi. 7 Can be translated as “An Answer to the Perplexed: An Exegesis of the Choicest Gems.”

He did a wonderful job of explaining the trusted position of the school, and it is considered the central reference for fatwa in the Ḥanafi school. Bidāyah al-Mujtahid is one of the most important books, which focuses on the fiqh differences of the four schools of thought. The word of Malik17 is different in the matter of the debt amount exceeding his (debtor's) property, is it (situation) permissible or not.

The family claimed descent from the Tanukh, a tribal confederation that originated in the southern part of the Arabian Peninsula. However, this is not a sign of the weaknesses found in this book, but rather to increase the added value of the knowledge itself. It is not surprising to find that most of the books he reviewed were also reviewed by other scholars.


Al-Wanughiy26 argued that al-rahn is incomplete except for the process of acceptance (surrender of collateral) and therefore the absence of acceptance clearly cannot be called al-rahn. Ibn Ḥājib said that al-rahn is valid even before the possession (of the security) and (it is) not completed (transaction) unless it is with him (the security)”. Al-Dusūqi's approach in interpreting the words of Khalīl and that of his teacher (Dardīr) is quite structured.

This can be seen when he put Halil's words in brackets "( )", and then explained Dardir's words whenever he needed. Below is an example of a statement showing part of Khalil's speech regarding al-rahn. Keeping (something) from those who have the right to sell (transaction) and anything that can be sold or that is uncertain;”.

27 Words in brackets show Khalīl's words, bold and underlined sentences show Dardīr's interpretation. 28 Brackets show Khalīl's words, underlined sentences show Dardīr's interpretation, and finally, bold type shows al-Dusūqi's comments. In conclusion, Ḥāshiyah al-Dusūqi `ala al-Sharḥ al- Kabīr comprises an abundance of explanatory content with useful commentaries that present a clear picture of issues in jurisprudence.

These are commentaries from the original book called, al-Muhadhdhab by Abū Isḥaq al-Shirazi (d.476H). The original book of al-Muhadhdhab is considered a masterpiece in the Shāfiʿi School where the scholars paid attention to that reference. It can be noted from the reviews and comments made by many scholars on the original book, one of the most important book reviews is the one written by Imām al-Nawawi, al-Majmūʿ Sharḥ al-Muhadhdhab.

Imam al-Suyuṭi once said in al-Ḥawa that al-Nawawi, who wrote al-Majmūʿ, adopted a similar approach to al-Mughni of Ibn Qudāmah, and it is said that when these two books are combined, they will create incredible systematic writing work.29. For some observers, al-Nawawi surpassed Ibn Qudāma's efforts in many cases, especially in determining the status of ḥadīth; and this is not surprising since al-Nawawi is also known as a scholar of ḥadīth. Thus, he made appropriate use of the information in providing a commentary on the related ḥadīth in his book of jurisprudence.

تارهازلا همولع نم لَجَ لَاعت للها ءاش نا هيف ركذأ يرسفت اهنمف تاددعتلما هنونف نم اعاونأ هيف يْباو

وبنلا ثيداحلِاو تايَركلا تايلآا تافوقولما راثلآاو تاي

تايداهشتسلِا راعشلِاو تاعوطقلما يواتفلاو تاغللاو ءاسْلْاو تايعورفلاو تايداقتعلِا ماكحلِاو

نا اهاترس امم اهماسقا نم كلذ يرغو اهجردمو اهللعمو اهنطاوم فِ لَاعت للها ءاش

Among them are the interpretation of the Qur'an, the hadith of the Prophet, Athar al-Mawqufat, authoritative fatwa, the vital information, the laws to be kept, the details, the names, the language, the barriers, the precautions, etc. Al-Nawawi first clarified Imam al -Shirazi's words in explaining the language he used. Then he explained the ḥadīth by indicating the level of the ḥadīth in terms of its authentication (saḥīḥ or ḍaʿīf).

Later he came up with the related fiqh problems and stated the defining preferences of the Shāfiʿi school. Specifically, the attempt to explain was made about the language and words used by al-Shirazi. He used the definition of various terms in jurisprudence which al-Shirazi did not touch.

He mentioned the status of a hadith whether they were authentic (ṣaḥīḥ), good (Hasan), weak (ḍaʿīf) or marfūʿ. And he said: (charged) to the Jews who is known as Abu al-Shahm as explained by Shafi'i and al-Bayhaqi with the chain of Ja'far ibn Muhammad from his father: "Verily, the Prophet (peace be upon him!) had left them hostage to Abu al-Shah a piece of armor, a Jew from Bani Zafar”. He further improved the explanations in a comprehensive manner, which includes detailing the content; drawing conclusions; adding comments to existing content; implementation of the rules of jurisprudence;

While mentioning how much barley the Prophet used to get from the Jews, Muṭiʿi listed several possibilities.

نود ناكيْثلَثلا

Our basis on the permissibility of (mortgage) by residence is as reported: The Prophet (peace be upon him) had borrowed from the Abī al-Shaḥm, a Jew, with 30 sāʿ of barley for his family after his return from the battle of Tabūk . in Medina and then he pawned his armor and is worth a total of 400 dirhams.” His ability to determine the parameters of an issue was significantly acceptable, as evidenced by his conclusion based on various evidence he presented. One of them concerns the issue of the admissibility of pledging during residence34: .. ىلص بِنلا نلِ نهرلا زاوج )اهنم(دئاوف برلْا اذه ىفف .نهر.

ىلص بِنلا نلِ نهرلا زاوج )اهنم(دئاوف برلْا اذه ىفف .نهر ملسو هيلع للها

هيلع للها ىلص بِنلا نطوم تناكو ةنيدلماب ناك كلذ نلِ

نثم نولحتسي دوهيلا نأ مولعمو ،يدوهيلا لماع ملسو ،نهارلا توبِ خسفني لِ نهرلا نأ )اهنمو(.نوبريو رملْا

دبعو نامثع لثم مهاضرأو مهنع للها ىضر ةباحصلا امهنع للها ىضر نحِرلا

هنأ انليلد ةداهشلاك هيلع مدقتي نأ زيَ ملف قبِ ةقيثو

ادغ هنم اهضترقأ افلأ ىلع هل نأ اودهشا :لوقت نأب

Ibn Kudamah, who is the author, presented comprehensive discussions and debates between schools of jurisprudence along with evidence, and then incorporated them into the most accurate conclusions based on his ijtihad. Undoubtedly, al-Mughni became the main reference of jurists during the period of the Salaf who served in the format of comparative jurisprudence and knowing that it was very rare to find such a book during that time. Therefore, scholars coming from different schools would look at this book with full appreciation and respect and consider it as one of the main references in its category.

This book deals with 1479 main questions related to fiqh covering 69 main topics in ten volumes. The detailed discussion is estimated at at least one hundred thousand clauses, which covered all aspects of the main question. A total of thirty-two clauses were organized when explaining the issue of accepting insurance.

3 Security that is property in the hands of creditors, whether by loan, deposit or attachment. If we review the facts, it is not difficult to say that it is the source of the Ḥanbali school of fiqh with the most complete level of references in Islamic jurisprudence. Izz al-Dīn bin ʿAbd al-Salām al-Shāfiʿi said: “I have never seen a mention of Islam of such quality as the book of al-Muḥall and al-Majalla Ibn Hazm, as well as the book of al-Mughni by Shaykh Muwāfaq al -Dīna (Ibn Qudāmah).”38.

The methodology used by Islamic scholars in studying al-rahn in many ways was applied to comparative jurisprudence comparing the thoughts between different sects. The research uses these six references in view of the power of references in Islamic jurisprudence. These six classic books also became references that are often referred to and used by other studies dealing with a similar field, especially al-rahn.

For example, Ibn Rushd breaks the boundaries of the different schools and presents a critical analysis of many opinions on the methodology of the famous Muslim lawyers. In short, these six classic books are extremely resourceful and fully descriptive, leading to the matters of al-rahn being understood holistically. The writing style that emerged from the comparative thinking of the jurists is very important for understanding the heart of the matter, and thus could develop the way to determine the precise jurisdiction of al-rahn.

Table 1: A part of content page in al-Mughni of Ibn Qudāmah  No.  Topic  No.  Issue  No
Table 1: A part of content page in al-Mughni of Ibn Qudāmah No. Topic No. Issue No


Table 1: A part of content page in al-Mughni of Ibn Qudāmah  No.  Topic  No.  Issue  No



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