Category: Ushul Fiqh


The basic of fiqh muamalah

The definition of Fiqh

Literally Fiqh refers to an Arabic word al-fahm al-daqiq means a deep understanding. Legally it means the knowledge of the shar’I ahkam legal rules, pertaining to be conduct, that have been derived from their specific evidences. It supposed to be studied to derives the legal rules of conduct and concludes them beased on the method that have been described.

The division of fiqh

Fiqh is divided into two; fiqh Ibadah and fiqh muamalat.

Fiqh ibadah is the Islamic laws that regulate the practicing of worship and the relation among human and their God. (The five prayers, fasting and pilgrimage) (Anything is forbidden up to there are some provisions that command it)

Fiqh Muamalah is the Islamic laws that regulate the relations among humans being and all their acts and interconnections. (Anything is permitted up to there are some provisions that forbid it)

The scope of fiqh muamalah

The law related to all aspects of human life.

The law related to Government system and human rights.

The law related to financial acrtivities.

The law related to Crimes.

The law related to national’s budget.

The law related to Non-Muslim peoples who live in Muslim country.

The law related to the process of laws.


Wealth in the perspective of Islam

The definition of wealth

A Wealth could be defined as something valuable, profitable and interesting for human beings that could be used only in the normal capacity.

Is wealth included as a right (haq) or function (manfaah)?

There are two views to answer this question;

First views comes from hanafiahism, according to them, right or functions of wealth is not regarded as properties and second views comes from jumhur ulamas, according to them right or function of wealth is regarded as property.

The position of wealth in Islam

1. Wealth is amanah (trust) for human beings and the only wealth owner is Allah SWT

2. Wealth is only a tool of life and not the purpose of life.

3. Property is regarded as the basic necessities of human beings.

4. Islam allows his people to get wealth as many as possible but, it should be balanced by paying zakat and other charities.

The division of wealth:

1. Mal Muttaqawwim (the allowed wealth to be used) & Ghair Muttaqawwim (the unallowed wealth: stolen shoes etc)

2. Mal Mitsli (common wealth) and Mal Qimi (scared wealth)

3. Istihlak (durable wealth: matches) & Isti’mal (endurable wealth: land)

4. Manqul (car, bikes, etc) & Ghair manqul (house, apartment etc)

5. Mal ‘Ain (houses, bonds, stocks) & Mal al-nafi’I (developing wealth: Jati, Cacao)

The functions of wealth

Maqasid Syariah

Al-Milkiyyah (the possession)

Possession is the specialty of someone to own something as long as there are no syariah barriers (syariah disallowance).

The division of al-milkiyyah:

1. Al-milkiyyah at-thammah (a complete possession)

The possession’s of good physically and beneficially.

2. Al-milikiyyah an-naqisah (incomplete possession)

The possession’s of good only its physic or its benefit. (car retal n house)

The causes of al-milkiyyah

1. Ikhrajul Mubahah (something that is mubah: fish in the river, waters, airs)

2. Khalafiyah (turn-overing the possession’s of right from a party to another: at-tirkah: inheritance)

3.  Khalafiyah syaiin ‘ala syaiin (the repayment of something we have broken before)

4. Tawaluq min Mamluq

5. Al-uqud (contracts: the speciality given by syariah to someone to own something for acting on it freely)

The contracts in Islam

Tasharruf (everything comes from a human being on their own intention and it being determined by the syariah compliance its several rights. (tasharruf fi’li and tasarruf qauli)

The definition of contract

Contract refers to an Arabic word ‘aqada means an agreement, a rope, that connects some peoples to be involved to a certain agreement.

A contract is a restricted connection among ‘ijab (offer) and qabul (acceptance) based on syariah compliances which caused into law’s barriers when it being agreed by the offerer and acceptor.

The conditions of Offer and Acceptance:

1. The offerer and acceptor both clearly declare their intention to take an offer and acceptance.

2. The relevancy of offer and acceptance.

3. Each party known other’s real intention clearly.

4. The moment of acceptance (majlis aqad)

The element of contract:

1. Aqid refers to someone who act a contract (it should be two parties)

2. Ma’qud ‘alaih refers to something that becomes the object of a contract)

3. Maudhu’ al-aqd refers to the main objectives of a contract.

4. Shighat al-aqd the statement that related to the oral acts  (offer and acceptance)

The conditions of a contract:

1. The aqid should be lawful and compatible physically and mentally to perform a contract.

2.  The lawful objects.

3. The contract should be caused into some advantages.

4. A complete Ijab and qabul.

The types of contract:

1. Aqad munjiz (direct implementing contract)

2. Aqad mu’alaq (predetermined: delivery etc of contract)

3. Aqad Mudhaf (determined contract)



The definition of usury

Usury is an addition, increasing or growth or some additional value that obtained by one party from other without any conditioned before weather in the sale and purchase or leading’s contracts.

Types of usury:

Predetermined value:

1. Riba duyun ( the interest of debt )

2. Riba buyu’ (barter: uncertain take and give)( the interest of sale and purchase )

Why usury is forbidden?

Because, it’s assumed as the cruelest crime in Islam. It consists of some dangerous and damages. Such as:

1. The physiological impacts (usury encourage a selfish that caused into individualism ignorance of the social problems)

2. The social impacts (usury causes some hates and separations among the society)

3. The  economical impact (unfair economic wealth distribution)













بسم الله الرحمن الرحيم

السلام عليكم ورحمة الله وبركاته

Primary, Thanks to Allah the almighty who has given mercy than we can establish this short paper about Islamic Jurisprudence smoothly.

Than, we should delivered our best regards and gratitude for the distinguished lecturer Dr.H. Muhammad Ichsan, Lc., MA. Who has guided us in the study of this major.

Finally, my best regards to all my friends who have support me in the writing of this paper. We hope this paper could beneficially used by all the readers.

والسلام عليكم ورحمة الله وبركاتة

Yogyakarta, 2010-04-11

Febryan Mujahid Panatagama


A. The definition of word

Every word that used by the text of Islamic laws has a specific meaning that could easily being understood by the people. Several words could be explained some definitions which are a part of those words. Simply we could conclude that every word has it own laws definition, the definition of each depends on each word. The words that have some definitions is “’am” (general); and the word that only has single definition is “khas (specific).

1. ‘Am (Th General Word)

There are different perspectives among Ulama in the definition of ‘am. The differences is not in lied principally but perceptively. Some definitions of ‘am from different ulama:

a. Ibnu Subuki:

هواللفظ يستغرق الصالح له من غير حصر

The word involves its proper definitions without a border.

b. Abu Hasan Al-Bashri:

هو اللفظ المستغرق لجميع ما يصلح له

The word involves all its proper definitions.

c. Imam Al-Ghazali:

هو اللفظ الواحد الدال علي مسميين فصاعدا مطلقا معا

The single word involves two or more definitions.

d. Abu Yaya:

ما عما شيئين فصاعدا

A single word means two or more definitions.

e. Al-Sarkhisi:

كل لفظ ينتظم جمعا من الأسماء لفظا أومعني

Every word defines a group of nouns in term of word or meaning.

f. Ibn Hazm:

اللفظ الواحد يقع علي معان شت وقوعا مستويا في المعني

The word involves several meanings in the same acts on a single meaning.

The General Forms of ‘am

The differences not only occur in the definitions of ‘am, but also in the forms of it. Some general forms of ‘am are:

a. The word: أي, التي, الذي, كل (conditions); متي (the time laid on the conditions); حيثما اين (the place laid on the conditions); من (the person laid on conditions); جميع

b. The word jama’ (plural word) in general these words use alif lam (ال) that shows the kinds (jinsiyah), such as: قد افلح المؤمنون and Idhafah such as: يوصيكم الله في أولادكم (an-Nisa’ (4): 11)

c. The word mufrad (singular word) such as السارق

ä͑$¡¡9$#ur èps%͑$¡¡9$#ur (#þqãèsÜø%$$sù $yJßgtƒÏ‰÷ƒr& Lä!#t“y_ $yJÎ/ $t7|¡x. Wx»s3tR z`ÏiB «!$# 3 ª!$#ur ͕tã ÒOŠÅ3ym ÇÌÑÈ

38. as to the thief, male or female, cut off His or Her hands: a punishment by way of example, from Allah, for their crime: and Allah is Exalted In power. (al-Maidah (5): (38).

d. The word Nakirah (negative word) النكرة المنفية such as لارجل في الدار there is no male in the room.

The Kinds of ‘am

There are three kinds of ‘am:

1. ‘Am means ‘am (عام يراد به العموم)

This kind of ‘am is the word that both form and means refers to the ‘am (general). Such as:

كل نفس ذائقة الموت

The word كل نفس from the verse above known that, the meaning of it could not be burden. Because, there is no Allah creator that will not faces the death.

2. ‘Am means khushush (specific) عام يراد به الخصوص

This kind of ‘am is the word that the form is general, but in the meaning is specific. Such as:

ÏmŠÏù 7M»tƒ#uä ×M»uZÉit/ ãP$s)¨B zOŠÏdºtö/Î) ( `tBur ¼ã&s#yzyŠ tb%x. $YYÏB#uä 3 ¬!ur ’n?tã Ĩ$¨Z9$# kÏm ÏMøt7ø9$# Ç`tB tí$sÜtGó™$# Ïmø‹s9Î) Wx‹Î6y™ 4 `tBur txÿx. ¨bÎ*sù ©!$# ;ÓÍ_xî Ç`tã tûüÏJn=»yèø9$# ÇÒÐÈ

97. In it are Signs Manifest; (for example), the station of Abraham; Whoever enters it attains security; Pilgrimage thereto is a duty men owe to Allah,- those who can afford the journey; but if any deny Faith, Allah stands not In need of any of His creatures.

The word الناس in the verse above is ‘am because it comes after alif-lam-jinsiyah. Although the word is general, it refers to the specific people who have only enough capacity to apply this demand.

3. ‘Am makhsus (عام مخصوص)

This kind of ‘am happens when, a general word might be specified from it generality. Such as prophetic tradition bellow:

من دل علي خير كفاعليه

“The person who recommends something goods, pretended as the one who do it.”

The word من mentioned before means general (everybody) but it is specified only into who recommends it.

2. Khas (The Specific Word)

The Definition of Khas

Khas (specific word) is the opposite of ‘am. Therefore, if we could understand well the meaning of ‘am than, we could easily understand the meaning of khas. In the simple analysis there is several meaning of khas bellow:

a. Khas according to al-Amidi:

هواللفظ الواحدالذي لا يصلح لاشتراك كثيرين فيه

“The word that could not represents plurality.”

b. Khas according to al-Khudhari Beik:

هو اللفظ الذي وضع لمعني واحد علي سبيل الانفراد

“The word that semantically has a single meaning.’

We could simply say that khas is the word that involves only a bit meaning of the whole words.

Mutlaq (The Absolute Word) and Muqayyad (The Restricted Word).

a. Mutlaq (The Absolute Word)

To define the mutlaq (absolute word) there are some mainstreams bellow:

1. The absolute word according to al-Khudhari Beik:

المطلق ما دل علي فرد أوأفراد شائة بدون قيد مستقل لفظا

”Mutlaq is a word that shows one or more units without a certain bounds.”

2. The absolute word according to al-Amidi:

هو اللفظ الدال علي مدلول شائع في جنسه

The word that relates the clue for the clues for, it involves all kinds of it group.”

3. The absolute word according Abu Zahrah:

المطلق الدال علي ماهية بلاقيد

“The word that refers to the nature of things with no limits.”

Based on the definitions above, we can conclude that mutlaq is a word that involves it kinds but not involves it afrad entirely. Such as:

tûïÏ%©!$#ur tbrãÎg»sàム`ÏB öNÍkɲ!$|¡ÎpS §NèO tbrߊqãètƒ $yJÏ9 (#qä9$s% ㍃̍óstGsù 7pt7s%u‘ `ÏiB È@ö6s% br& $¢™!$yJtFtƒ 4 ö/ä3Ï9ºsŒ šcqÝàtãqè? ¾ÏmÎ/ 4 ª!$#ur $yJÎ/ tbqè=yJ÷ès? ׎Î7yz ÇÌÈ

3. but those who divorce their wives by Zihar, then wish to go back on the words They uttered,- (it is ordained that such a one) should free a slave before They touch Each other: Thus are ye admonished to perform: and Allah is well-acquainted with (all) that ye do.

The word رقبة defiantly means the slaves in general. It not limited with the other slaves or non-slaves.

b. Muqayyad (The Restricted Word)

Muqayyad is the word that refers to the behaviors that laid on it word. Such as the restricted time:

فمن لم يجد فصيام ثلاثة أيام

“If you don’t find any slave, so fast for three days.”

c. Amr (The Command) and Nahy (The Proscription)

It has been explained before this time that the syari’ah laws were khitab (command) by Allah that related with the deeds of mukallaf (people) in the form of demand, options, and rules. The khitab in form of the demand is divided into two kinds; the demand for execution and the demand for interdiction. Every demand involves taklif (law’s burden) on the mukallaf (people). Khitab in the Islamic laws is divided into two; amr and nahy.

a. Amr (The Command).

Amr could be defined in some perspectives; based on its nature, definitions, recitations, and its points.

The nature of Amr.

The word amr written in the qur’an many times. Amr means recitations or statement, syura, or something such as:

öãBù&ur y7n=÷dr& Ío4qn=¢Á9$$Î/

“And say to your family, you have to pray!

öNèdãøBr&ur 3“u‘qä© öNæhuZ÷t/

“Their problems are on their conventions.”

The Definition of Amr.

It necessary to be known that, in every absolute word it consist of:

1. The commander

2. The commanded to be

3. The commands

But, there are also different perspectives among ulama in the formulations of amr.

a. The definition of Amr according to Mu’tazilah:

هوطلب الفعل من الأعلي إلي لأدني

The position/authority of the commander should be higher that the commanded to be. This assumption is followed by the majority of ulama and the linguist.

b. The definition of Amr according to Abu Husein :

الأمر هو طلب الفعل من علي هجهة الاستعلاء

Abu Husein does not required that the commander should be higher that the commanded to be but, the commander should has higher accent that the commanded to be.

c. The definition of Amr according to Qadhi Abu Bakar and Imam Haramain:

هوالقول المقتضي طاعةالمأموربفعل المأموربه

Abu Bakar and Imam Haramain argued that Amr is the word that demands an obedience of the commands.

d. The definition of Amr according to Ibnu Subkhi:

هولاقتضاء فعل غير كف مدلول عليه بغير نهو كف

The demand to execute some deeds is not the demand to leave some deeds that not use the word “leave” or the kinds of it.

The examples of Amr:

a. amr to show an argumentations:

$yJ¯RÎ) $uZä9öqs% >äóÓy´Ï9 !#sŒÎ) çm»tR÷Šu‘r& br& tAqà)¯R ¼çms9 `ä. ãbqä3uŠsù ÇÍÉÈ

40. for to anything which we have willed, we but say the Word, "Be", and it is.

b. amr to show the obligations:

(#qßJŠÏ%r&ur no4qn=¢Á9$# (#qè?#uäur no4qx.¢•9$#

77. hast Thou not turned Thy vision to those who were told to hold back their hands (from fight) but establish regular prayers and spend In regular charity?

c. amr to show the recommendations:

öNèdqç7Ï?%s3sù ÷bÎ) öNçGôJÎ=tæ öNÍkŽÏù #ZŽöyz (

d. amr to show the licenses:

(#qè=à2 (#qç/uŽõ°$#ur `ÏB É-ø—Íh‘ «!$# Ÿwur (#öqsW÷ès? †Îû ÇÚö‘F{$# tûïωšøÿãB ÇÏÉÈ

so eat and drink of the sustenance provided by Allah, and do no evil nor mischief on the (face of the) earth.

e. amr to show the imtinan:

bÎ*sù x8qç/¤‹Ÿ2 @à)sù öNà6š/§‘ rèŒ 7puH÷qu‘ 7pyèřºur Ÿwur –Štãƒ ¼çmߙù’t/ Ç`tã ÏQöqs)ø9$# šúüÏB̍ôfßJø9$# ÇÊÍÐÈ

147. if They accuse Thee of falsehood, say: “Your Lord is full of Mercy all- embracing; but from people In guilt never will His wrath be turned back.

b. Nahy (Prohibitiion)

Nahy is the opposite of amr. There are different perspectives among scholars in the formulations of nahy. The differences are:

a. The scholars that require the authority/positions of the commander should be higher that the commanded to be.

هو طلب الترك من لأعلي إلي لأدني

b. The scholars that require the higher behaviors from the commander.

هواقتضاء كف علي وجه الاستعلاء

The examples of nahy:

a. Nahy to show the prohibitions:

Ÿwur (#qè=çFø)s? }§øÿ¨Z9$# ÓÉL©9$# tP§ym ª!$# žwÎ) Èd,ysø9$$Î/ 3

33. nor take life – which Allah has made sacred – except for just cause.

b. Nahy to educations:

Ÿw (#qè=t«ó¡n@ ô`tã uä!$u‹ô©r& bÎ) y‰ö6è? öNä3s9 öNä.÷sÝ¡n@

101. ask not questions about things which, if made plain to you, may cause you trouble

c. Nahy in form of praying:

$oY­/u‘ Ÿw ùø̓è? $oYt/qè=è% y‰÷èt/ øŒÎ) $oYoK÷ƒy‰yd

8. “Our Lord!” (They say), “Let not Our hearts deviate Now after Thou hast guided us, but grant us Mercy from

d. Nahy to downgrading:

Ÿw ¨b£‰ßJs? y7ø‹t^ø‹tã 4’n<Î) $tB $uZ÷è­GtB ÿ¾ÏmÎ/ $[_ºurø—r& óOßg÷YÏiB

88. Strain not Thine eyes. (Wistfully) at what we have bestowed on certain classes of them.

e. Nahy to show the decisions:

$pkš‰r’¯»tƒ tûïÏ%©!$# (#rãxÿx. Ÿw (#râ‘É‹tG÷ès? tPöqu‹ø9$# (

7. (They will say), “O ye Unbelievers! make no excuses This day!

c. Musytarak (The Equivocal Word)

Musytarak refers to an Arabic word اشترك-يشترك means to be partner. Or musytarak means: A word represent two or more meanings.

The example of musytarak:

a. Iddah for divorced woman:

àM»s)¯=sÜßJø9$#ur šÆóÁ­/uŽtItƒ £`ÎgÅ¡àÿRr’Î/ spsW»n=rO &äÿrãè% 4 Ÿwur ‘@Ïts† £`çlm; br& z`ôJçFõ3tƒ $tB t,n=y{ ª!$# þ’Îû £`ÎgÏB%tnö‘r& bÎ) £`ä. £`ÏB÷sム«!$$Î/ ÏQöqu‹ø9$#ur ̍ÅzFy$# 4 £`åkçJs9qãèç/ur ‘,ymr& £`ÏdÏjŠtÎ/ ’Îû y7Ï9ºsŒ ÷bÎ) (#ÿrߊ#u‘r& $[s»n=ô¹Î) 4 £`çlm;ur ã@÷WÏB “Ï%©!$# £`ÍköŽn=tã Å$rá÷èpRùQ$$Î/ 4 ÉA$y_Ìh=Ï9ur £`ÍköŽn=tã ×py_u‘yŠ 3 ª!$#ur ͕tã îLìÅ3ym ÇËËÑÈ

228. Divorced women shall wait concerning themselves for three monthly periods. nor is it lawful for them to hide what Allah hath created In their wombs, if They have Faith In Allah and the Last Day. and their husbands have the better right to take them back In that period, if They wish for reconciliation. and women shall have rights similar to the rights against them, according to what is equitable; but men have a degree (of advantage) over them. and Allah is Exalted In power, wise.


Syarifudi, Amir, Prof. Dr, Ushul Fiqh 2, Kencana Prenanda Media Groub, Jakarta 2001.

Suparta, Zaenuddin, Fiqh, Thoha Putra, Semarang 2004.

Khallaf, Abdul Wahab, Ilmu Ushul Fiqh, Dina Utama, Semarang 1996.

Arsyad, Tholib, Ilmu Ushul Fiqh, Ilmu Jaya, Medan.