THE ISLAMIC LAW’S GROWTH AND DEVELOPMENT HISTORY

1. THE ISLAMIC LAW’S GROWTH AND DEVELOPMENT HISTORY BY GEMALA DEWI INTERNATIONAL CLASS-FHUI

2. STEPS OF ISLAMIC LAW’S GROWTH AND DEVELOPMENT • Generally, the Islamic law’s growth and development divided into 5 steps : • Prophet Muhammad SAW period (610 M – 632 M). • Khulafa Rasyidin period (632 M – 662 M). • Establishment, development and compilation period (VII M – X M century). • Sluggishness of thought period (X M – XIX M century). • Renaissance period (XIX M – until now). INTERNATIONAL CLASS-FHUI

3. The Condition of Arabian Gulf Condition of Arabian Gulf was : • Arabian gulf was empty and infertile, surrounded by the sea on it’s three sides and sea of sand on it’s fourth side. • The people live by keep moving from place to place (nomaden). • Living in the hard environment, makes the people live individually. d. Characteristic of the people is Unilateral Patrilinial, which means that the position of a man is very important in the family. e. The woman’s position was considered doesn’t exist so that they didn’t get any legacy like her brother. f. The people who live in Makkah are the traders, especially from klen Quraish, who has trading relationship with the Abessinas in south, Romans in west and Persians in northeast. INTERNATIONAL CLASS-FHUI

4. Prophet Muhammad SAW period(610 M – 632 M) • Prophet Muhammad SAW was born at Mekkah in 12 Rabi’ulawwal (the third month of hijriah) the year of “Elephants”. • After his mother died several years later, Muhammad was raised by his grandfather, Abdul Muthalib and after his garndfather died to, then he was raised by his uncle, Abi Thalib who tought him how to trade, and in His young hood He became a generous, peaceful and support the truth and justice. c. At the age of 25, Muhammad got married with a rich widow named Khadijah who is fifteen years older than him and still has family relationship with him. Khadijah interested with Muhammad because he was a noble, honest and reliable person. INTERNATIONAL CLASS-FHUI

5. THE REVELATION OF ISLAM • Allah SWT made a revelation to Muhammad when he was 40 years old at the cave called Hira’ in 610 M. At that time he was become God’s prophet and three years later Jibril brought order from Allah SWT to disseminate the revelation for all mankind. • At 27th of Rajab he was doing isra’ and mi’raj. Isra’ means a night trip from MasjidilHaram in Mekkah to MasjidilAqsa in Yerussalam (Palestine) and mi’raj means get up to the sky until to the Sidrat al-Muntaha with the very fast transportation called Bouraq. In that occasion Muhammad received the order from Allah SWT to pray five times a day and night. INTERNATIONAL CLASS-FHUI

6. By Allah SWT guidance, Muhammad moved or hijrah from Makkah to Yathrib which later, the city’s name changed into “Madinat al-Nabi” which means the city of prophet. • Michael H Hart in his book called “ The 100, a Ranking of the Most Influential Persons in History” placed Muhammad (pbuh) as the top one of one hundred famous person in human history. • Philip K. Hitti called Islam as “ a Way of Life” becouse the teaching that Muhammad (pbuh) brought consists of relligion, politic and culture. INTERNATIONAL CLASS-FHUI

7. Muhammad and The Qur’an • Muhammad in The Qur’an. • The best methode to understand Qur’an is by using the Authentic way, that is to compare directly between the related verses of the Qur’an on one issue. • Abdul Wahab Khallaf had clasified the verses of the Qur’an based on the “madhu’i or the Thematic methode and interpret the Qur’anic verses with the sunnah. • Based on the place of revelation, the Qur’anic verses has differences between the verses that revealed in Makkah (Ayatul-Makiyyah) and the verses that revealed in Madinah (Ayatul- Madaniyyah). • There is a asbabub nuzul (causes of the issue of a verse), for example : (1) the Mursid Ghanawi event, (2) the case of Sa’ad bin Rabi’s widow, and (3) QS An-Nisaa’ verse 176. INTERNATIONAL CLASS-FHUI

8. The Comparison between Makiyyah and Madaniyyah Verses • If you look and compare the verse that came down in the Quran revealed in Makkah and the Quran verses that came down in Madinah, it is easy to distinguish between these verses. The characteristics of these verses are as follows: • The verses revealed in Makkah is preceded by "ya ayyuhan nas" which means "hai, manusia" in Indonesian, while the verses revealed in Medinah is preceded by the word "ya ayyuhal lazi na amanu" which means (hai orang yang beriman) or "O people who believe”. • 2. The verses that came down in Makkah is located at the near end of the Quran, while the verses revealed in Madinah is located on the front of the Quran3. The verses that were revealed in Makkah have short sentences, filled with poems, with a very strong word of rhythms, while the verses shown in Madinah have long sentences and its language calm, contained in the legal language.4. The verse that was revealed in Makkah typically contains about faith, the oneness of God, the Day of Judgment and morals, whereas the verse that was revealed in Madinah is in general about legal, political, and other social questions. INTERNATIONAL CLASS-FHUI

9. Asbabun Nuzul • Thus, by using the Quran and Sunnah, every problem that arises can be overcome by Prophet Muhammad. If you look at the verses in Madinah (ayatul Madaniyyah), we can see that its revelation may be because there is a particular problem, which asked for the answer to the prophet. This is called “Asbabun Nuzul”. The important to understand the meaning contained in a verse, makes people have tried to create a guidance book about the asbabun nuzul. INTERNATIONAL CLASS-FHUI

10. Example of AsbabunNuzul Cases • The Event of Mursid Ghanawi • Mursid Ghanawi is a messenger of Prophet Muhammad from Madinah to Makkah. When he reached the city, a beautiful and rich woman proposed to him. Mursid thought over his decisions because he wasn’t sure if the woman hold the Islamic religion. When he came back to Madinah he asked the prophet. From this the letter of 2 (Al-Baqarah) verse 221 is revealed. Which became a fundamental law for inter-religious marriages during 1973 in Indonesia. INTERNATIONAL CLASS-FHUI

11. Example 2 • The Case of the Sa’ad bin Rabi’ Widow • The widow of Sa’ad bin Rabi’ has 2 children both female. According to the customs of Arab, if a man dies and leaves behind his wife and female offspring’s, they would not be able to receive any of the inheritance left by the husband/father. The Sa’ad widow told her circumstance to the prophet and thus came the verse about inheritance. The main message of this verse is: Give 2 / 3 to the child's heritage with their children, 1 / 8 for his widow and the rest given to his brother. INTERNATIONAL CLASS-FHUI

12. Example 2 cont… • This verse is part of the other verses about inheritance that is now found in the Surah of "al-Nisa '. With the revelation of this verse, the position was changed between the widow and daughter in the division of inheritance husband or father. The women who so far have only has liability are now in the balance with the right family now she got from her husband or father's legacy. By stating these two examples mentioned above, we could see how the process of those verses became the current law verses that forms the basic foundation of marriage and inheritance law of Islam. INTERNATIONAL CLASS-FHUI

13. The Creation of Sunnah • As an example of law related verses that gives answers to the questions raised by someone to Prophet Muhammad, it can be made from the Surah "al-Nisa ', which says that apart from having relations to solve problems arising in society, he can also decide to do something based on his opinion related with the Sunnah, which now have been recorded in the book of Hadis. INTERNATIONAL CLASS-FHUI