Aliran-Aliran Hukum dalam Islam dan Perbedaan Pendapat Tentang Kedudukan Sumber-Sumber Hukum

Abstract

       The source of Islamic law is needed because it is the main basis for taking legal istinbat, so all problems must be based on this source of law. Sources of Islamic law also function as guidelines or references for Muslims in living their lives. The problem formulation in this research is what are the legal schools in Islam? What is the history of the birth of legal schools? and what are the factors that cause differences of opinion about the position of legal sources? The purpose of this writing is to find out and analyze legal schools in Islam, to know and analyze the history of the birth of schools of law, and to find out and analyze the factors that cause differences of opinion about the position of legal sources. The research method in this research is a type of qualitative research with secondary data sources. The results of this research are that the ulama performs ijtihad by exploring the law from various sources. Broadly speaking, the sources of Islamic law are divided into two, namely: First, the sources of law agreed upon by most scholars, Al-Quraan, Sunah, Ijma, and Qiyas. Second, the sources of law that are debated are istihsan, istishab, 'urf, syar'u man qablana, sadd al-zari'ah, and others. The history of the emergence of the school of thought is caused by, among other things, the interpretation of language and grammar, the history of Hadith (life, authority , context and interpretation of various hadith texts, knowing how to use certain methods (ijma, method, istihsan and friends' opinions), the qiyas method, differences of opinion regarding the position of legal sources for the transmission of hadith, the existence of hadith, the transmission of daif hadiths, acceptance requirements. hadith, fatwa sahabat and its position, subject and essence of ijma proof, ikhtilaf around qiyas.