Sejarah Hukum Islam

Definition of the History of Islamic Law


The legal system in every society has its own nature, character and scope. Likewise with the legal system in Islam. Islam has its own legal system known as Islamic law. There are several terms related to the study of Islamic law, namely sharia, fiqh, ushul fiqh, and Islamic law itself.

The terms sharia, fiqh, and Islamic law are very popular among Islamic law scholars in Indonesia. However, these three terms are often misunderstood, so that the three terms are sometimes interchanged. For this reason, below we will explain each of the three terms and the relationship between the three, especially the relationship between sharia and fiqh. Another term that is also related to the study of Islamic law is ushul fiqh.

In principle, Islamic law originates from divine revelation, namely the Koran, which was later explained in more detail by the Prophet Muhammad. through the Sunnah and hadith. This revelation determines the norms and basic concepts of Islamic law which at the same time overhauls the rules or norms that have become a tradition in human society. However, Islamic law also accommodates various rules and traditions that do not conflict with the rules in the divine revelation.

Islamic law

The term Islamic law comes from two basic words, namely 'law' and 'Islam'. In the Big Indonesian Dictionary the word 'law' is defined as:

Regulations or customs that are officially considered binding; Laws, regulations, etc. to regulate community life; Standards (rules, provisions) regarding certain events; Decisions (considerations) determined by judges (in court) or verdicts (Dictionary Compilation Team) , 2001: 410).

In simple terms, law can be understood as rules or norms that regulate human behavior in a society, both regulations or norms are in the form of facts that grow and develop in society or regulations or norms that are made in a certain way and enforced by the authorities (Muhammad Daud Ali, 1996: 38).