Luma fi Usul al Fiqh

Author: Imam Abu Ishaq Ibrahim bin Ali As Syirozi

Publisher : Daru Ibn Kathir

Book thickness: 272 pages

Year of publication: 2018 (seventh edition)

Islamic Legal Theory, usually known as usul al fiqh, is one of the fundamental fields of Islamic science. It is the basis of religion in the practice of a Muslim's interaction, both with his God and fellow human beings. Some scholars even have termed it as usul al ilm, which means the basis of all knowledge. The term itself was born from the definition of the Islamic Legal Theory, namely the global knowledge of fiqh sources, the method of processing these sources, and the attributes of the processor, in other words the mujtahid. So, we can conclude that the Islamic Legal Theory consists of three elements: the sources of fiqh, the method of researching these sources, and the attributes of the researcher. Whereas, every knowledge cannot be separated from these three elements.

In the early days of Islam, Mujtahids from among The Companions and Followers applied Islamic Legal Theory naturally in every fatwas (legal opinions) that they conveyed. This is due to their huge attachment to the Islamic Legal Theory which than becomes a natural talent. They got this talent from their teacher, Prophet Muhammad SAW through his rulings and ijtihad. Therefore, the principles of Islamic Legal Theory at that time had not yet been formed as a field of science, but were purely a inherent talent of mujtahids. However, some of these theories are mentioned randomly, and are scattered in their fatwas.

Shortly after that, Imam Muhammad bin Idris As Syafii appeared, born in 150 Hijriyah. He was the first scholar to write a book on Islamic Legal Theory exclusively, known as Ar Risalah. Since then, Islamic Legal Theory has developed into a scientific field and has been studied carefully. Fiqh scholars then competed in arranging works. They are divided into two groups: Mutakallimin and Fuqoha.

The mutakallimin group are those who describe the legal theories regardless of the implications towards the fiqh. Named as mutakallimin because the majority of this group are kalam scholars. Among their works are Al Mutamad by Abu Husain Al Basry, Al Mustasfa by Imam Al Ghozali, and Al Mahsul by Imam Fakhruddin Ar Rozi.

Al Luma which was written by Abu Ishaq Ibrohim bin Ali As Syirozi As Syafii, born in Fairuzabad 393 Hijriyah, is also included in the category of mutakallimin group. This book is familiar among the santri or students, because it is one of the books that must be studied in the field of Islamic Legal Theory. The difficulty level is at the mutawassit (mid) level, above the Al Waroqot by Imam Al Haromain Al Juwaini, which is at the mubtadi (bottom) level.

The author in his introduction explains that this book is a summary of the Shafii madhhab in Islamic Legal Theory. He also explained the method behind constructing Al Luma, that it contained various opinions across schools or between followers of the Shafii madhhab. Imam As-Syirozi also listed the strongest arguments and refuted other opinions.

This book begins with the discussion of Ilm (confidence) and Dzon (strong presumption), because in Islam there are laws that produce conviction and strong presumptions. So if it results conviction, we can be sure that there is no difference of opinion among the scholars, because it is clear on its validity and interpretation. However, if it results in a strong suspicion, the ulama can have different views, because their validity or interpretation contains a number of assumptions that can be selected on the basis of certain considerations of a mujtahid.

It then proceeds with the chapter of Nadzr (research) and Dalil (proof), because categorizing a law requires research and evidence. After that, it enters into the discussion of fiqh as a partial element and Islamic Legal Theory as the main goal of the composition of Al Luma.

He explained the method of this arrangement clearly in his introduction so that the audience could understand Al Luma rhythm, and read lightly. Imam As Syirozi's steps in his introduction can also be found in other turos (treasured) books, where the author of the book will explain the purpose, type, and method of the book he composed.

Overall, Al Luma is very useful for students who want to explore Islamic Legal Theory. Students will be presented with various opinions of scholars on an issue briefly. They will also know the arguments of rojih (favourable) opinions and the rebuttals against other opinions.

For example: in the Naskh chapter, the author states that scholars have three opinions on the issue of whether it is permissible for the Sunnah of the Prophet to replace the law of the Qur'an. The first opinion states that it is not permissible for the sunnah to replace the law of the Qur'an in a shari'a manner only. While the second opinion states that it is not permissible to do so in a reasonable and shari'a manner. The third opinion states that it is permissible on the condition that the sunnah must be mutawatir. The author then won the first opinion on the basis of the word of Allah SWT: "Whatever verse We write down, or We make (humans) forget it, We bring it better than it or comparable to it. Don't you know that Allah has power over all things?" Imam As Shirozi then explained that the sunnah is not comparable to the Quran. Reciting the sunnah is not rewarding. On the other hand, reciting the holy verses of the Quran brings rewards. So this proves that the position of the sunnah is under the Qur'an.

However, there are some opinions that are wrongly addressed to the Hanafi madhhab, as we found in the istihsan chapter. There, the author mentions the definition of istihsan according to Imam Abu Hanifah as: judging something that is considered good by the mujtahid mind without any evidence. This definition was later refuted by Imam As Syirozi because the claim means istihsan is a legal basis in religion that depends on lust. But in reality, from the beginning, Imam Abu Hanifah never said that opinion. Doctor Muhammad Salim Abu Ashi, former Chancellor of the Dirosat Ulya faculty of Al Azhar University, commented that according to the Imam istihsan is excluding general arguments with other arguments, and this definition is not opposed by the Shafi'i.

However, this kind of carelessness is very little compared to its abundant benefits. Starting from students to teachers, both Indonesia and Egypt libraries, all of them agree on the value of Al Luma. So it’s not a surprise if this work of Imam As Syirozi in the Islamic Legal Theory is so phenomenal.

By: M. Ihsanul Amal