Friday, May 11, 2012

Rule-Rule Textual الأصل فى الكلام الحقيقة

This rule states that the basic meaning of a word is its nature. The nature or kebeneran here is the direct meaning can be understood by the listener to hear a word. Al-haqiqah is at-tabadur, meaning that it is the correct meaning directly into the person's understanding. However, the basic meaning of his name, then in a few words there is to be understood not as in this rule. When complete this rule are: Basis (meaning) of a word unless there is essentially the argument that states are not. 

Basic meaning of a word is a direct meaning can be understood not takwil. For example:

When someone says "bath", the ultimate meaning is a shower in general, namely to clean the body, bathing is not interpreted as a large shower but no qarinah indicating that the meaning of the word "bath" is a large bathroom.

That said (manthuq) would take precedence over the understood (understand) [1]
المنطوق مقدم على المفهوم

Like (value / message) is taken from the generality rather than specificity because the pronunciation [2]
العبرة بعموم اللفظ لابخصوص السبب

This rule can be explained that the texts of two things: her pronunciation and illatnya. Develop a decision value of the texts according to these rules is the generality of the pronunciation, meaning that if there is an emerging texts for some reason, then the pronunciation is then to be applied to all cases not only apply to those causes. For example.

لن بفلح قوم ولو أمرهم امرأة
There would be lucky / winning a people when a woman was their leader.

This hadith appears when the Prophet noticed the people who led by women who are not competent to be a leader, either because the moral is no good or simply because he did not have the properties of other leaders.
When following the above rules, then this hadith to be common to all cases of female leadership, which means that the hadith prohibits female leadership over men, although for the emergence of these hadiths is a special cause, the presence of women leaders who are not competent.

Another example is the hadith:
البحر طهور ماءه و الحل ميتته
Sea water is pure and halal carcasses.

These hadiths show up when people are in a cruise at sea and only a few have water supply. When they use the water for wudoo ', then they will not have drinking water. When it was delivered to the Apostles, beliaupun answer as above.

This hadith then, according to the general rule above that of sea water and purify it is sacred in every state not only when the water shortage.

Contextual-Rule Rule
Like (value / message) is taken from the generality of specificity because it is not the pronunciation. [3]
العبرة بخصوص السبب لا بعموم اللفظ
This rule is the opposite of the principle "Like (value / message) is taken from the generality of specificity because the pronunciation is not". If these rules are used to understand the hadith:

لن بفلح قوم ولو أمرهم امرأة
There would be lucky / winning a people when a woman was their leader.
So pemhaman that emerges is that the prophet would ban female leadership is limited to conditions such as people who reproached by the prophet. Ie, in women who are not competent to be a leader, whereas if he competent, then there is no prohibition of this hadith to be a leader. Thus this hadith does not forbid women leadership, because this hadith is bound by the conditions for the emergence of these hadiths.

The law is changed, or not there along with the cause. [4]
الحكم يدور مع العلة وجودا و عدما
Law-making in the method of usul fiqh

Alcohol is forbidden when there is the intoxicating element, when there is not forbidden. Illat here is intoxicating, so long as illat it became part of the drink, then drink it as long as it is also forbidden, and vice versa as long as it does not exist then illat keharamannyapun law is lost.
Change the law in line with changes in the place and time [5]

تغير الأحكام بتغير الأزمنة و الأمكنة
This is one of the rules in mehami texts contextually, that the law changes through space and time. This means that the applicable law in a place not necessarily apply in other places, but it should be stressed that not all laws can be used by all the rules of these rules. Examples of these rules is about prayer times, prayer times in one place will not be the same as anywhere else, so does the time go, go, and so forth. 

footnote
[1] Tim Writer, Proposal Jurisprudence (Gontor: Darussalam Press, th), chapters II, p. 27.
[2] Writing Team, Proposal Jurisprudence (Gontor: Darussalam Press, th), chapters I, p. 53.
[3] Writing Team, Proposal Jurisprudence (Gontor: Darussalam Press, th), chapters I, p. 27.
[4] Hamid Abdul Hakim, mabadiul Awwaliya (New York: Maktabah Sa'diyah, th), p. 47.
[5] Writing Team, Proposal Jurisprudence (Gontor: Darussalam Press, th), chapters I, p. 53.

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