Muslims today often find different views of the scholars in solving a problem faced by the ummah (khilafiyah). In fact, the same thing happened at the time of the Prophet’s companions, the tabiins (people who lived after a generation of friends), tabiit-tabiin (followers of tabiin), and other scholars.
In arguing for this problem, the scholars use the same argument and legal basis. For example, in understanding the concept of istithaah (being able) in Hajj, how to perform ablution, intention in prayer, touching the skin between men and women, and so on.
Why is that difference? In fact, there are those who have mutually preached, disbelieved, and so on. Among them, some are separated from other groups.
However, these differences of views or opinions enrich the intellectual treasures of Muslims to understand each other’s emergence.
The origin of the differences between all of these is not due to the errors of the scholars in translating the basic arguments used as sources of law, both the Koran and the hadith, but rather the differences in understanding and the meaning of these arguments. In addition, this difference is due to political problems, differences in using the principles of fiqih, or because a history or hadith is not available to the ulama or mujtahid concerned.
For those who are willing to take the lesson, the differences are of great benefit to Muslims. This is because they know more about the methods or methods of the mujtahids (people who dig into Islamic law) in establishing fiqh law.
Then, what is questions and answers on Islamic fiqh (tanya jawab fiqih islam)? Muhammad Abu Zahrah, a scholar from Egypt in his book Ushul Fiqih argued that the method of Islamic law is also known as the origin of fiqh. The science of fiqh proposal is the science that describes the methods or methods used by mujtahid imams in exploring and establishing syar’i laws from the texts of the Koran or hadith. Based on the same text, the scholars took illat (reason) which became the legal basis for the benefit of the people. The science of fiqh is a science that discusses syara laws (such as mandatory, sunna, makruh, lawful, haram, and permissible) regarding human actions based on detailed arguments in the texts of the Qur’an and the hadith of the Prophet SAW. There are also those who add to it with arguments or opinions (ijtihad) from the scholars, such as ijmak and qiyas.
From the above explanation, it can be concluded that the fiqih proposal is a method adopted by scholars (ijtihad experts) in determining the syara laws carried out by a mukalaf (adult or person who has been burdened with the law), regarding halal, haram, obligatory , sunnah, or the meaning of an act. Meanwhile, fiqh is the result of the syar’i laws of the method used.