In the second until seventh chapters the writer trying to explain this book historically by dividing Islamic law’s era into 6 (six) period of time, which are:
- First era, the era of Prophet Muhammad (peace be upon him) from the beginning of Islam (610 AD) until his death (around 632 AD).
In
this chapter, we will learn the type of law that implemented in the era of
Makkiyah (the era before Hijrah) which is around 13 years of length. Basically,
the law (weather from Quran or hadits) is about the matter of aqidah/
iman (belief) because it was the very basic of the others law. Without it,
there is no law such as shalat (prayer), siyam (fasting), zakah, marriage,
divorce, etc. After the era of Makkiyah is the era of Madaniyah (after the
hijrah) which is around 10 years of length. In this era, a lot of practical law
is established, such as ibadah (including prayer, fasting, zakah), muamalah
(such as marriage, divorce, economic), and jihayah (criminal law), jihad, etc.
Not only that, but int this chapter, the writer also explained the source of
Islam law (Quran and Sunnah) and weather Prophet Muhammad made an Ijtihad
or not? (which according to Syekh Ali Sais, Yes, he did). Furthermore, he
mentioned about the ijtihad made by Sahabah (companion) while prophet is still
alive. According
to Ali Sais, the principle of law in in Islam based on three principles, namely:
‘adam haraj (do not make it difficult), qillatu al-taklif/ little
burden, and tadarruj/ step by step.
2. The second era is the era of Khulafa Rasyidin, which is the era of four Khalifah, Abu Bakr, Umar bin Khattab, Utsman bin Affan, and Ali bin Abi Thalib (around 632 AD until 661 AD).
After
the prophet’s death and in addition to that, the spread of muslim territory,
the problem become much more complex than in the prophetic era. They found many problems that not happened
when Prophet is alive. So, the senior companion made the syura
(colloquy) to produce fatwa/ law among them. Every decision/ fatwa that have
been made in that time regarding Islamic law is based on several source which
are al-Quran, Sunnah, Ijma’, and Ra’yu (reason/ sense/ intelligence), which all
of four are explained in the book.
The used of ra’yu as a source of the law is explained more in this chapter, including the companions who were agree and famous because using it such as Umar bin Khatab, and also the group who opposed it. This chapter also discusses many topics that companions have different ijtihad between them. He mentioned at least 20 topics. He also describing several companions that giving ifta (fatwa) at that time, such as Umar bin Khattab, Zaid bin Tsabit, Abdullah bin Umar, and Ibnu Mas’ud.
- 3. The third era is the era after khulafa rasyidin until 2nd Century of Hijriyah (around 632 AD-723 AD).
Basically,
the ijtihad in this period of time still based on the Quran, Sunnah, Ijma’ and
Qiyas. Nonetheless the syura (colloquy) that produce the product of
ijtihad is not the same anymore as in the era of companion. There are factors
that playing role such as the discord between muslim, and the most important reason
of this disagreement is the struggle of power. This made the colloquy never the
same as before. The other factors are the spreading of Islamic scholar in many places,
the emergence of ahl hadits and ahl ra’yi, the spreading of many hadits (not
only hadits sahih but also the counterfeit), etc.
In
this period of time, at least there are three group of muslim that shaping this
era, which are Syiah, Khawarii, and the jumhur (majority of muslim). The detail
information regarding the factors, syiah, and khawarij, is explained in the
book. In this era, the fiqh and hadist are not written in the book. The writing
is begun in the next era. Among the famous mufti in this era are Said bin
Musayyab, Nafi’ Maula Ibnu Umar, Ikrimah Maula Ibnu Abbas, Hasan al-Bashri,
Ibrahim an-Nakhai, asy-Sya’bi. In this chapter, the writer also detailing
several famous scholars.
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