MADZHAB & FIQH SAHABAT SEBAGAI PRODUK IJTIHAD DALAM PERKEMBANGAN HUKUM KELUARGA ISLAM

Abstract

Historically, the pluralism of religious understanding in the discourse of Islamic studies is a phenomenon that has been born since the time of the Prophet and will continue throughout the ages. At the time of the Companions, there were four Islamic tasyri arguments, namely: the Book, the Sunnah, Qiyas and ijma'. In this context, at the time of the Companions, their ijtihad develop as they develop and this had not happened at the time of the Prophet. Among them, they make ijtihad, adjudicate, give fatwa, determine laws, and rely on all the various initial groups to determine laws with their ijtihad. The collection of fiqhiyah laws in the development of the second decade is formed from the laws of Allah, the Messenger, the fatwa of the Companions, and their decrees. In general, in deciding the law, the Companions are not alone, but ask other the Companions first, they are afraid if they are wrong. This attitude shows that the interpretation of the Qur'an and Hadith is not the exclusive right of the Companions. Furthermore, decisions are taken from the results of a consensus which is commonly called ijma'.This article is focused on the study of Madzhab and the Companions Fiqh as Products of Ijtihad in Development Islamic Family Law. Begins definition of the Companions, Conception of the Companions’ Ikhtilaf, factors causing the emergence of the Companions’ ikhtilaf, madzhab and fiqh Companions as products of ijtihad in development Islamic family law which is limited to 4 ijtihad of the Companions in marriage, namely: Dowry for women whose husband divorced them before intercourse, Dowry is not cash for women whose husbands have died, ‘Iddah for pregnant women whose husbands have died and livelihood for women whose husbands divorced 3.