The History of the Emergence of the Fiqh School in Sunni Islamic Groups and the Formation of Legal Thought

Sejarah Kemunculan Mazhab Fiqh pada Kelompok Islam Sunni dan Terbentuknya Pemikiran Hukum

Abstract

Starting from the differences of opinion that occurred in the group of Muslims in the classical period, which was caused by the emergence of various schools of thought with different ideologies, so that from this problem there was ikhtilaf or differences of opinion among the Muslim community. This study uses a historical approach. Through this approach, researchers will examine the historical process, sources of law, and factors that influence the development of Islamic law from time to time. The results of this study reveal that the beginning of the differences of opinion among Muslims since the time of the Prophet Muhammad, until he died, ikhtilab continued to occur until the time of the companions, and peaked in the time of the tabi'in. While the beginning of the formation of law occurred because of the understanding of the actions of mukallaf (individuals who are obliged to practice religion) related to worship, both those that have been detailed in religion (mahdhah) and worship that is not specifically detailed (ghairu mahdhah), both are important factors in the formation of law, this understanding was then supported by the understandings of scholars, especially scholars in the second and third centuries of Hijriah, as evidenced by the presence of legal methodology (ijtihad), this was also strengthened by the birth of Fiqh works, such as the books Al-Muwatta' written by Imam Malik bin Anas, the book Al-Jami 'Al-Kabir written by Imam Sufyan Al-Thawriyy, and the book Al-Ikhtilaf Al-Hadis written by Imam Al-Syafi'i.