THE SIGNIFICANCE AND IMPORTANCE OF USUL AL-FIQH (PRINCIPLES OF ISLAMIC JURISPRUDENCE) IN THE PROCESS OF FATWA

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1 Man In India, 97 (22) : Serials Publications THE SIGNIFICANCE AND IMPORTANCE OF USUL AL-FIQH (PRINCIPLES OF ISLAMIC JURISPRUDENCE) IN THE PROCESS OF FATWA Wan Mohd Khairul Firdaus bin Wan Khairuldin * Abstract: The principle of Islamic jurisprudence or usulfiqh is the study and critical analysis of the origins, sources and principles upon which Islamic jurisprudence based on daliltafsili (specific proof). Fatwa, on the other hand is the legal opinion or interpretation that a qualified jurist (mufti) can give on issues pertaining to the Islamic law. Fatwa is undeniably important in solving any issues or crisis in a society. The main purpose of this article is to highlight the importance and how significant the principle of Islamic jurisprudence (usulfiqh) in the fatwas interpretation process. The article also purpose to the correlation of those two in determining the state of an issue. Further discussion in this paper work is divided into two. Firstly, it will focus on the elaboration on fatwas interpretation process. Secondly, it will focus on the analysis the importance of the principle of Islamic jurisprudence (usulfiqh) in the fatwas interpretation process. This paper work will be discussing four stages of fatwas interpretation process which are: altaswir, al-takyif, al-bayan al-hukm and al-ifta/isdar al-fatwa. The methodology used in this paper work is library research method. The article s finding shows that the principle of jurisprudence (usulfiqh) is the pillar of the commandments determining process (al-hukm) which is the third stage of fatwas interpretation process. Keywords: Fatwa, usul al-fiqh, islamic research methodology, mufti, al-ifta. INTRODUCTION Nowadays, Malaysian society has a stirring confusion about fatwas. Numerous social media sites have been referring any sharia issues or predicament to those who are unauthorized that will create confusion and misleading from sharia. (Abdul Muhaimin Mahmod, 2010). This confusion had effect the faith of people in relying on fatwas for their problem solutions and fatwas is no longer taken seriously by them. Fatwa is essentially a holy inheritance from Muhammad (pbuh) which is very significant to the evolvement of the eras and periods. Muhammad (pbuh) is a messenger of Allah (swt) that had given large contributions to clear up and solve any matter that had caused confusion amongst the companions. Nowadays, there are numerous unsolved questions and new issues which call the need for specific fatwas based on sharia. However, to ensure the accuracy and practicality of the fatwas, the qualified jurists (mufti) and institution must undergo a thorough specification and constant improvements to avoid turmoil in the society itself. The main objective of a fatwa is to remain as the key resource of solution in settling any contemporary issues within the society. Thus, the fatwa are formed under a specification within the sharia periphery. * Faculty of Islamic Studies, Universiti Sultan Zainal Abidin, Kuala Nerus, Terengganu, Malaysia. wanfirdaus@unisza.edu.my, Corresponding Author

2 320 MAN IN INDIA Nonetheless, fatwas is always related to the principle of Islamic jurisprudence (usulfiqh) which involves the process of determining rules and regulations. Therefore, this paper work will study on the effectiveness and importance of the principle of Islamic jurisprudence (usulfiqh) in the process of determining the rules and regulations. The purpose of this paper work is to have the general picture on the accuracy and transparency of a fatwa if it excellently adheres to the principle of Islamic jurisprudence. RESEARCH METHODOLOGY The article is divided to two stages; data collection and data analysis. The article applies document analysis method to get a clear picture regarding the concept of freedom fatwa and usul al-fiqh. The concept and definition are compiled from both classical and contemporary sources. Datas from the data collection will be analyzed by using content analysis method. One of the ways to conduct the method is by reviewing and clarifying the textcontents in a document. According to Yusof (2004:34) and Krippendorff (2004:18), content analysis is a research technique to draw conclusions systematically and objectively through the data which found in a document. While Merican (2005:170) and Lebar (2009:146) defined content analysis as an explanation obtained by systematically examining the content of a written text. This coincides with data collected from a particular document which includes the research related to the significance and importance of usul al-fiqh (principles of islamic jurisprudence) in the process of fatwa. FINDINGS First and foremost, this paper would illustrate a few definitions of usulfiqh and fatwa. Definitions Of Usulal-Fiqh Usulal-fiqhis a word which is known as isimmuurrakkab (word that is formed by combining two or more words). Technically, the word usulal-fiqh consists of two word components which are the word usul and the word fiqh. Usul ( ) is the plural from the root word asl ( ). In terms of language, asl refers to something that is built from another thing either distinctly or abstractly (al-fayumi, n.d.: 16). From the conceptual meaning, usul refers to something that is being relied on certain adduces, qa idahkulliyah and al-rajih (more precise). Fiqh on the other hand means understand. Conceptually, fiqh means the practical studies of rules and regulation which is extracted from particular adduces (daliltafsili) (Wahbah al-zuhaili, 2006: 19).

3 THE SIGNIFICANCE AND IMPORTANCE OF USUL AL-FIQH 321 Based on the both words analysis, according to Wahbah al-zuhaili (2006: 23) and al-isnawi(1926: 7), jurists from school of al-syafi iyyah defined usulfiqh as: Meaning: The extensive knowledge of the fiqh adduces how to decide the regulation and the circumstance where it is free from law decider According to Wahbah al-zuhaili (2006: 24) too, the majority of scholars from school of Hanafiyyah, Hanabilah dan Malikiyyah defined usulfiqh as a method to connecting the discussion with the law decision from particular proof(daliltafsili) or any related studies. From the explanation of usulfiqh s definitions by scholars, it can be concluded that usulfiqh is a comprehension which discuss the methods used in determining and applying the law and regulations especially the practical ones. Definitions of Fatwa Ibn Manzur (n.d.: 3348) in Lisan al- Arab stated that fatwa in terms of language means someone or something that explains a predicament. Conceptually, fatwa also can be understood with a few definitions. For instance, al-harrani (1984: 4) defines fatwa as: Meaning: It is (fatwa) the responsefrom qualified jurists or the law and regulation revealed by them through it (fatwa). Meanwhile, Wahbah al-zuhaili (2006: 1156), Linah Himsi (1996: 410), Khalid Ramadan Hasan (1998: 205) and Qutb Mustafa Sano (2000: 312) refers fatwa as the answer from qualified jurists to the question asked based on several regulationmaking methods. In addition, fatwa is also defined as the reaction or response to the Islamic law issues. If there is an inquiry made, fatwa is therefore the answer (Noor Naemah Abdul Rahman, 2003: 45 &Muhammad Rawwas Qal ahji, 1985: 339). Based the definitions given, it is safe to say that fatwa is interpreted as the answers given by the qualified jurists towards the sharia related questions. Nevertheless, those fatwas should be within the law determining methods which are agreed upon. The Form of Usulfiqh Usulfiqh is a form of knowledge which emanated along with the revelation of al-quran as well as the other Islamic comprehensions. It even exists before the development of fiqh compression for usulfiqh is the method of determining the fiqh rules. Based on Abd al-karim Zaidan (2006: 14), usulfiqh was not being practised

4 322 MAN IN INDIA in the early Islamic period. It is because the main resource at that time being was merely al-quran (God s relevation). Wahyu or revelation is the source of law in the life period of His messenger, Muhammad (pbuh) which was either through al-quran or al-sunnah. Therefore, there is no existence of regulation determining process involving ijtihad (the process of making legal decision by independent interpretation of legal sources, the Quran and the Sunnah) in the period because every single question or issue would be directly referred to Muhammad (pbuh). Without the presence of ijtihad, there was no method produced. After the decease of Muhammad (pbuh), the companions started to form the ijtihad method to make legal decisions for any legal questions that haven t been made before in the presence of Muhammad (pbuh). Based on Muhammad Abu Zahrah (1958: 11), the companions including IbnMas ud, Umar ibnkhattab and Ali bin AbiTalib started to freely practise ijtihad. They strictly referred to the legitimate ijtihad specifications verified by Muhammad (pbuh) based on the hadith convened by Mu adh bin Jabal when he was sent to Yemen. The evolvement of ijtihad by the companions was carried on until today. However, the development and systematic writings of this knowledge is systematically started in the second century of Hijrah (Muslim calendar) founded by Imam al-syafi i with his book al-risalah (Ibnor Azli Ibrahim & Radzuan Nordin, 2004: & Abd al-karim Zaidan, 2001: 16). Yet, Abd al-karim Zaidan (2006: 16) beliefs that the first figure to arrange the usulfiqh knowledge is Qadi Abu Yusuf who is known as Imam Abu Hanifah s student. He said that the writings of Abu Yusuf regarding usulfiqh did not make it until today as a reference. The usulfiqh knowledge is in a constant development since there are so many booked inscriptions and works on usulfiqh. Those works has contributed and being a great resource for the scholars in determining Islamic legal decisions. The specific methods are composed coherently to the time being or eras. The arguments on usulfiqh nowadays are basically based on what were inherited from the scholars back then. The arguments concerns three fundamentals (al-badakhsyi, n.d.: 13-14): 1. The analysis of adduces as a resource in Islamic law. 2. The methodology used to making legal decisions. 3. The scrutiny of the law maker s temperaments and personality. THE PROCESS OF FATWA The fatwa making process is a detail procedure started with the expertise s impression after listening to the verdict issues from mustafiti until the legal decision is made ( Ali Jum ah Muhammad, 2008: 13). The process is divided into four stages: al-taswir, al-takyif, bayan al-hukm and al-ifta ( Ali Jum ah Muhammad, 2008, Noor Naemah Abdul Rahman, 2008 & Mohamed Abdel Aziz Mahmoud Ghonim, 2009).

5 THE SIGNIFICANCE AND IMPORTANCE OF USUL AL-FIQH 323 Al-Tawsir (the depiction of the issues) Al-Tawsir or the depiction of the issues is the initial process that works as a fundamental in fatwa making process. Noor Naemah Abdul Rahman (2008: 110) explained that this stage is very crucial in the fatwa production which can influence the legal decision if the issue is not depicted precisely. Al-taswir is often collaborated with the words al-masalah or al-fiqhi and pronounced as al-taswir al-masalah or al-taswir al-fiqhi ( Abd al-salam bin Ibrahim, 2010: 901). According to al-mausu ah al-kuwaitiyyah (t.t: 92), al-taswir in terms of concept means to state the disposition of the issues which make it different with other issues and make sense out of it. However, the definition of al-taswir al-fiqhi according to Abd al-salam bin Ibrahim (2010: 901) is to precisely recognise understand the problem and then relate it to the root of the problem. According to Muhammad Abd al-latif al-bana (2010: ), al-taswir process is divided into eight principles (dawabit). The main objective of dawabit is to make it easier for the legitimate jurists to precisely recognise and carefully describe the issues. Dawabit includes al-dabit al-ma lumati (information), sualahl al-takhsis, al-dabit al-tahlili (analysis), al-dabit al-makanwa al-zaman (places and time), al-itlaq ala awamiltaghyir al-ahkam (general knowledge on the factors that can influence the legal rules), al-dabit al-daruriyyat (indispensable), al-dabit al-tarawwi (consideration by looking to the problem), and isti anah bi mu tayat al- asr(the aid from latest information). Al-Takyif (the categorization of the issue) The second stage to determine the fatwas is al-takyif. Al-takyifis defined with multiple definitions because it is a new process began to be widely used nowadays (Musfir Ali al-qahtani, 2000: 379). Yusuf al-qaradawi (1995: 72) for example, defined al-takyif al-fiqhi as a process of adapting the texts of legislation (nas) against any new problems. Muhammad Uthman Syabir (2004: 30) in his book entitled al-takyif al-fiqhi conclude this process as a process of determining the complexion of the new emerging problems before they are fused with the Islamic jurisprudence. Therefore, any discussion regarding this problem will not be derailed from the original discussions that may cause confusion to the determination of the law. Al-Takyif debate is divided into five parts, namely al-waqi ah al-mustajiddah (new issue), al-asl al-fiqhi (origin issue), al-ahkam al-asl al-fiqhi (origin law), manat (reason) and al-hukmmutabaqah (practical). These five principles are the important component in implementing al-takyif.

6 324 MAN IN INDIA Bayan al-hukm (The Explanation of Law) Bayan al-hukm refers to the legal decisions of the mufti to the problems asked after the process of al-taswir and al-takyif (Naemah Noor Abdul Rahman, 2008: 124). Mahmoud Abdel Aziz Mohamed Ghonim (2009: 146) explained, if a mufti completely understands the problems and carry out al-takyif, he may decide the hukm based on law of five - mandatory, wajib (obligatory), sunat (recommended), haram (forbidden), makruh (disapproved) and mubah (permitted). If a new issue that was never discussed or the existing law could not be implemented due to obstacles, then Bayan al-hukm process should be implemented according to the original method in jurisprudence. Bayan al-hukm process consists of two things: the resources used in decision making process (dalil) and the determination of the legal decision through analysis. First: The resources used in decision making process (dalil). Each matter referred to the mufti is leaned on the legal argument (dalil)concerning the agreed or disagreed sources. If there is no legislation texts (nas) agreed upon, then ijtihad process should be implemented. In this process, a mufti must know the priority order of each argument starts from the Quran, the Sunnah, consensus(ijmak), analogy(qiyas) and so on ( Ali Jum ah. 2008: 14). This process starts with the determination of the legal arguments or legislation texts from two primary sources of Islamic law in; the Quran and al-sunnah. If there is evidence from the Quran that supports the legal problems posed to the mufti, it can be directly concluded. If not, then it will need to rummage through al-sunnah or Hadith (Wahbah al-zuhaili, 2001). If the problem solution cannot be decided in the former process, then it will turn to secondary sources of law (al-masadir al-taba iyyah li al-ahkam) or legal arguments to dispute among scholars of al-fiqh. (Wahbah al-zuhaili, 2001) divided the sources of secondary law into nine sections, including; istihsan, masalih almursalah, urf, shar man qablana, mazhab al-sahabi and istishab, al-dharai. (Wahbah al-zuhaili, 2001) also named this source as istiqra which is also a method of describing the secondary sources. Second: The legal analysis by analysing. After the legal argument to a problem is identified, then the analysis should be carried out. According to Rahimin Affandi Abdul Rahim (2002: 8), this method is a literature review and a content analysis using the knowledge of al-fiqh. Islamic scholars back then used several methods in analysing a problem such asistinbat, istiqra, takwini and jadali (Amir Muallim and Yusdani, 1999: 31-33) and (Taha Jabir al- Alwani, 2001). 1. Istinbat means citing specific conclusion of the general legal arguments in naqli source (knowledge that is sourced on the Quran and Sunnah). (Amir Muallim & Yusdani, 1999: 31). According to al-jurjani (1988: 22), istinbat means to issue legal content of texts (al-quran and al-sunnah) with the high ability and sharpness of mind.

7 THE SIGNIFICANCE AND IMPORTANCE OF USUL AL-FIQH Istiqra i. This method quotes the general conclusions from the specific legal arguments. This conclusion was made especially for a problem that has no legal provision from the Quran and al-sunnah. Istiqra refers to a comprehensive examination of a matter before a conclusion of law on the subject is made (Amir Muallim & Yusdani, 1999: 32). Muhammad Abdul Athi Muhammad Ali (2007: 56) asserted that Istiqra is a method of determining the legitimacy of the law as stated by Imam al-syatibi. 3. Istirdadi (historiography). Istirdadi method is also known as a method of al-takwinior al-tarikhi (al-sulami, Iyad bin Tami: 2004). According to Amir Muallim and Yusdani, (1999: 32), this method examines the background of a legal argument that is derived from the emergence of Islamic law (al- Quran and al-sunnah). This method is focused on two main discussions; firstly, the reasons for the emergence of a legal problem which has been solved by the legal passage (naqli),asbab al-nuzul and asbab al-wurudas well as the quality of legal texts transmission. 4. Jadali (dialectic). This method uses the intellectual method based on the principles of logic for the statements and questions that are thesis and antithesis. This method typically uses three methods of ijtihad which are ijtihad Bayani, ta lili and istilahi has produced most of the treasury in Islamic fiqh system (Amir Muallim and Yusdani, 1999: 33). Isdar al-fatwa (Fatwa Issuance) This stage is the final stage of four stages discussed. This stage is carried out after completing the process of al-taswir, al-takyifand bayan al-hukm. This process is also very important to be done and will determine the direction of a fatwa. Isdar al-fatwa is a legal production process after problems were posed to a mufti examined from various previous processes. Ali Jum ah (2008: 14) also named this process as al-tanzil (reduction) which means decreasing a law which is linked to the situation where the fatwa is decided. Naemah Noor Abdul Rahman (2008: 126) explained that isdar al-fatwa is a mufti s answers to the problems asked based onhis great understanding of themustafti s(detainee) situation. Generally, the process of isdar al-fatwa compares the laws that have been obtained throughlegal evidences to a variety of mustafti sconditions that was decided during al-taswirprocess such astheir atmosphere maintaining the objectives of the sharia(maqasidsyariah),uruf, daruriyyat etc. (Mohamed Abdel Aziz Mahmoud Ghonim 2009: ). According to Ali Jum ah Muhammad (2008: 14), if the fatwa that want to be produced does not conform to the principles in the isdar al-fatwa, the mufti should refer and re-examine the law. If the law still cannot be customized with the principles in this process after investigation a second time, then a mufti should stop from continuing to issue the fatwa. When all was done, then a fatwa can be decided or established by national legislation.

8 326 MAN IN INDIA In the context of the verdict, Yusuf al-qaradawi (2005: 10-32, 1994: ) suggested some appropriate fatwa making methodsthat can be used nowadays. The methods recommended by him are very simple and convenient. The methods are defined as: 1. Avoid obsession towards particular sect or blindly taqlid without knowing their arguments. A mufti must collect various opinions for a case before the improving process to choose the opinion that is more appropriate for the circumstances. 2. Tasahul or taisir (make easy) or avoid complicating the issuance of a fatwas as long as they do not contradict with Islamic law. The Mufti s should decide on the easier fatwa if there is exemption attached to it( Abd al-majid Muhammad, 2005: 260). 3. Give fatwa in a language that is easily understood. Explanation of fatwa should be bright and clear. A mufti must acknowledge the mustafti s language style to make it understandable. Use language that is incompatible with mustafti because their academic level should also be taken into account. Simple style, precise language and avoiding using complicated words that will confuse them and complicate the understanding of the fatwa. 4. A mufti must give fatwa on issues that are beneficial only. If the fatwa is designed to intentionally test or undermine the credibility of another mufti, then a mufti should stay away from it. In addition, a mufti also needs to avoid giving fatwa on the problems that can lead to hostility and chaos. 5. Tawassut (intermediary) is a characteristic that should be in a mufti. intermediary here means not being too hard and not too soft in delivering a fatwa. A mufti must celebrate and investigate the problem based on the mustafti s position so that the fatwa will not cause inconvenience to them while still within the Islamic law. 6. Each fatwa issued has to be explained to those who asked. The arguments also should also be included and given attention by a mufti to endorse the fatwa. Basically, mufti does not need to postulate an explanation on legal text. But if needed, then the mufti has to cite the resources as well. THE IMPORTANCE OF USUL FIQH IN FATWA MAKING PROCESS Based on the discussion regarding the definition of Jurisprudence and Fatwa, we can see a clear continuity between those two. Both of these things discussed the determination of law where usulfiqh refers to the methods in determining law while fatwa is the work of a mufti or qualified jurists to clarify the law. Al-Badakhsyi (n.d.: 4) explained usulal-fiqh is the foundation of any fatwas issued through the branches of law.

9 THE SIGNIFICANCE AND IMPORTANCE OF USUL AL-FIQH 327 Because both of them have continuity, this fatwa and Jurisprudence also shared almost the same history started from the Prophet Muhammad (pbuh) era until the existence of the first usulfiqh book. Jurisprudence and fatwa have always had an affinity and mutual need, especially in the determination of the law by a mufti. Usulfiqh is one of the eligibility of a mufti. A mufti must be appointed from among the mujtahid who know enough about Jurisprudence (Hussain Muhammad al-mallah, 2001: 582 and al-khatib al-baghdadi, 1996: 332). According to Abu al-husayn al-basri (t.t: 357), it isnecessary for a mufti to know in depth about the content of the al-quran and al-sunnah. In addition, they are able to judge and clearly produce fatwas from Islamic texts and analogy(qiyas). Imam al-ghazali (1997: 171) has explained the specifications for a mujtahid to be qualified in producing fatwas. He concluded that one should master three fields of knowledge: hadith comprehension, knowledge in Arabic language and Islamic Jurisprudence. Based on the evidence, the importance of Jurisprudence in the fatwa is seen as the qualifications required to be a mufti. This fact is elaborated in detail in the fatwa making process described in the preceding discussion. Generally, all of these processes practise Jurisprudence. In the first process, al-taswir used to describe a problem, Jurisprudence is used in the two principals of al-taswir; al-itlaq alaawamiltaghyir al-ahkam (knowledge about the factors that change the law) and al-dabit al-daruriyyat (principle of necessity). These two principles are discussed in jurisprudence. The second process, al-takyif is the process of linking between the established legal problems with the new problems that do not yet have any specific laws. This process is essentially the new incarnation of analogy (qiyas) which is one of the arguments that has been agreed upon by the Majority of jurists of Islam except al- Zahiri sect and al-ja fari ( Abd al-karim Zaidan, 2006: 148) Jurisprudence is the primary element in the third process, Bayan al-hukm. bayan al-hukm process comprises two main things to be the main discussion in the knowledge of usulfiqh. Discussions in Bayan al-hukm consists of determining the sources of legal arguments and the determination of the law through the analysis ( AliJum ah Muhammad, 2008: 14). In the process of Bayan al-hukm, each problem will be assessed using Islamic arguments by priority. Subsequently, the determination of Islamic law through analysis is conducted. The last process in the determination of the fatwa is isdar al-fatwa. This process aims to evaluate and compare the law derived from previous processes. The fatwa concerned the situation of the mustaftiin terms of their condition, objectives of the sharia (maqasid sharia), uruf, daruriyyat etc. (Mohamed Abdel Aziz Mahmoud Ghonim, 2009: ). This process is also being discussed in usulfiqh debates pertaining to the evaluation of uruf, daruriyyat, maslahah and objectives of the sharia ( Abd al-karim Zaidan, 2006: 236, 252 & 378)

10 328 MAN IN INDIA CONCLUSION Jurisprudence skill is very important and mandatory to any mufti or qualified jurists to issue fatwas. Without the knowledge of jurisprudence, there will be a lot of shortcomings and mistakes in fatwa making process. In conclusion, the importance and position of jurisprudence in fatwa making process is as follows: 1. It is a skill that must be possessed by a mufti who wants to issue a fatwa as the evidence of their authority. 2. Ensure the fatwa issued is not contradicted to the Islamic law. 3. Jurisprudence is the biggest debates the fatwa making process. All four processes in issuing a fatwa are using usulfiqh as a base. 4. Jurisprudence is not a requirement of a legal determination. However with arrangement of Jurisprudence systematic rules had helped mufti to issue a fatwa accurately and less time is consumed. ACKNOWLEDGEMENT This research was funded by the Ministry of Higher Education, Malaysia (KPT) under Research Acculturation Grant Scheme (RAGS). Special thanks to KPT and also Universiti Sultan Zainal Abidin (Uni SZA), Terengganu, Malaysia. References Abd al-karimzaidan.(1987). Usul al-da wah. Beirut: Muassasah al-risalah. Abd al-karimzaidan. (2006). Al-Wajiz fiusulal-fiqh. Lubnan: Muassasah al-risalah. Abd al-majid Muhammad. (2005). Dhawabit al-fatwafi al-qadaya al-mu asirah. Majallah al- Syariahwa al-dirasat al-islamiyaah. Kuwait: Majlis al-nasyr al- Ilm Jami ah Kuwait. Vol. 20, No. 65. Abd al-salam bin Ibrahim bin Muhammad al-husain.(2010). Taswir al-nazilahwaatharuhu fi Bayan Hukmiha. Riyadh: Jami ah Muhammad bin Sa ud al-islami. Ali Jum ah Muhammad. (2008). Al-Ifta Haqiqatutu wa Adabuhu wa Marahiluhu. Paperwork presented inmu tamar al-fatwa wa Dhawabituhaorganized by Majma al-fiqh al-islami atmecca, Saudi Arabic on 17-21th January Abdal-WahhabKhallaf.(1995). IlmuUsulFiqhWaKhulasah At-Tasyri Al-Islami. Dar al-fikr Al-Arabi. Abd al-wahhabkhalaf (n.d.), Khulasah al-tasyri al-islami, Kaherah : Dar al-qalam. Ahmad IbnHamdan al-harrani(1984), Sifat al-fatwawa al-muftiwa al-mustafti, Beirut:al-Maktab al-islami, cet. 4. Al-Badakhsyi, Muhammad bin al-hasan(n.d.).syarh al-badakhsyi. Mesir: Matba ah al-sabih. Al-Fayumi, Ahmad bin Muhammad. (n.d.). al-misbah al-munir. Beirut: al-maktabah al- Ilmiyyah. al-jurjani, Al-Syarif Ali bin Muhammad. (1988).Kitab at-ta rifat. Beirut: Dar al-kutub al- Ilmiyyah. al-khatīb al-baghdādī, Ahmad b. Alī b. Thābit. (1996). al-faqīh wa al-mutafaqqih, Tahqiq, Adil b. Yusuf, al-mamlakah al- Arābiyyah al-sa ūdiyyah, Dār Ibn al-jawzi, jld.2.

11 THE SIGNIFICANCE AND IMPORTANCE OF USUL AL-FIQH 329 Al-Majma al-fiqhi al-islami (2004). Qararat al-majma al-fiqhi al-islami. Mekah: Al-Majma al-fiqhi al-islami. Al-Sulami, Iyadh bin Tami (2004). Ilm Usul al-fiqh wa Manahij al-bahth al- Amah Muqarabah wa Muqaranah, Majallah al-syariah wa al-dirasat al-islamiyyah. Kuwait: Majlis al-nasyr al- Ilm Jami ah Kuwait. Jld. 19, bil. 58. Arif Fahmi MdYusof & Izawati Wook. (2004). Fatwa: Aplikasi UsulFiqh Dalam Sistem Perundangan Malaysia. Proceeding of Seminar Kebangsaan UsulFiqh 2004 (SUFI04) at Institutlatihan Keselamatan Sosial KWSP (ESSET), Kajangon 15-16th December 2004, organized by Fakulti Syariah & Undang-Undang (FSU) KUIM. Ibn al-manzur (n.d.), Lisan al-arab, Kaherah: Dar al- Ma arif. IbnorAzli Ibrahim & Radzuan Nordin. (2004). Al-Imam Al-Syafie: Penyusun Ilmu Usul Fiqh. Proceeding of Seminar Kebangsaan UsulFiqh 2004 (SUFI04) at Institutlatihan Keselamatan Sosial KWSP (ESSET), Kajangon 15-16th December 2004, organized by Fakulti Syariah & Undang-Undang (FSU) KUIM. Jabatan Kemajuan Islam Malaysia (JAKIM). (2010). Sinar Rohani: Pembimbing Ummah. Kuala Lumpur: Jabatan Kemajuan Islam Malaysia (JAKIM). Bil. 62, Isu 2/2012. Khalid Ramadan Hasan. (1998).Mu jamusul al-fiqh.kaherah : Dar al-tarabisyi. Linah Himsi.(1996). Tarikh al-fatwa Fi al-islam wa Ahkamuha al-syariah, Damsyik : Dar al-rasyid. Majma al-lughah al-qahirah. (2003).Mu jam al-wasit, Kaherah: Dar al-syuruq al-dawliyah Mohamed Abdel Aziz Mahmoud Ghanim. (2009). Usus al-fatwawamarahiluha bi mafhum `asri. Disertasi, Jabatan Fiqh dan Usul, Akademi Pengajian Islam, Universiti Malaya. Muhammad Abdul Athi Muhammad Ali. (2007). Al-Maqasid al-syar iyyahwa Atharuha fifiqh al-islami, Kaherah: Dar al-hadith. Muhammad bin Abd al-latif Mahmud al-bana. (2010). Taswir al-nazilah Dirasah Fiqhiyyah Tatbiqiyyah. Riyadh: Jami ah Muhammad bin Sa ud al-islami. Muhammad Rawwas Qal ahji & Hamid Qanibi. (1985). Mu jam Lughat al-fuqaha.. Beirut: Dar al-nafais. Cet. 1. Muhammad Rawwas Qal ahji. (1992). Manhaj Mu alajah al-qadaya al-mu asirah, Majallah Kuliyyah al-dirasat al-islamiyyahwa al- Arabiyyah. Dubai, Jld. 5. Musfir Ali al-qahtani.(2000). Manhaj Istikhraj al-ahkam al-fiqhiyyah li al-nawazil al- Fiqhiyyah. Tesis Ijazah Kedoktoran, Fakulti Syariah dan Pengajian Islam, Universiti Umm al-qura, Mekah, Arab Saudi. Nadiah Syarif al- Umari.(1986), al-ijtihad fi al-islam, Beirut :Muassasah al-risalah. Noor Naemah Abdul Rahman. (2001).Fatwa dan Realitinya di Zaman Rasulullah, jurnal Syariah, jld. 9, bil. 1 Januari 2001, hal. 25. Noor Naemah Abdul Rahman. (2008). al-marahil al-lati Tamuru Biha al-fatawa, Jurnal al-risalah, Fakultas Syariah IAIN STS Jambi, Vol. VIII, Edisi 15, Nombor 1, Jun Rahimin Affandi Abdul Rahim. (2002). Ke Arah Penyediaan Kaedah Penyelidikan Hukum Islam Terkini :Satu Pengenalan, Jurnal Syariah, Kuala Lumpur: Jabatan Fiqh dan Usul, Universiti Malaya, Bil. 10, no. 1, hlm Wahbah al-zuhaili. (2001). Usul Fiqh al-islami. Beirut. Dar al-fikr al-mu asir. Jilid 2. Yusuf al-qaradawi.(1994), al-ijtihad al-mu`aasir Bayna al- Indibatwa al-infirat, Kaherah : Dar al-tauzi wa al-nasyr al-islamiyyah.

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