@phdthesis{digilib77795,
           month = {July},
           title = {IKHTILAF DALAM KITAB AL-ATSAR KARYA MUHAMMAD IBN AL-HASAN AL-SYAIBANI},
          school = {UIN SUNAN KALIJAGA YOGYAKARTA},
          author = {NIM.: 19300016102 M. Shofiyyuddin},
            year = {2026},
            note = {Prof. Dr. H. Machasin, MA dan Dr. Ja'far Assagaf, M.A.},
        keywords = {Al-Asar Al-Syaibani, Ikhtilaf, Periwayatan Hukum Fikih},
             url = {https://digilib.uin-suka.ac.id/id/eprint/77795/},
        abstract = {Ikhtil{\=a}f in Islamic jurisprudence is an important phenomenon in the
face of early Islam. Ikhtil{\=a}f is the face of real and factual changes in
the development of early Islamic history. Ikhtil{\=a}f in early Islamic
jurisprudence is depicted as exciting and lively; polemical,
problematic, and simplistic in the theories of historians. Joseph
Schacht explained that the phenomenon of Ikhtil{\=a}f in Islamic
jurisprudence was the result of a process of legal conflict between
legal schools with different geographical origins. He then called it the
geographical school. The law in this geographical school was
described by Schacht as a uniform law. In the legal conflict between
these schools, they produced by falsifying texts. In contrast, Wael
Hallaq rejected the existence of uniformity in geographical legal
schools by explaining that early Islamic jurists in a geographical area
were free to quote law from anywhere without any clear group
affiliation. The two extreme theories above have problems with
uniformity, in Schacht's theory, and the problem of confusion in the
placement of social relations in Hallaq's theory. Al-Syaib{\=a}n{\=i}'s "work"
of Kit{\=a}b al-{\=A}{\.s}{\=a}r is studied to fill the theoretical gap above. On the one
hand, al-Syaib{\=a}n{\=i} was recognized by his contemporaries as a loyal
follower of Ab{\=u} {\d H}an{\=i}fah who was known to the ra`yi expert
community, on the other hand, he had Ikhtil{\=a}f towards teachers in his
community. This will fill the gap that Ikhtil{\=a}f , which is a factual form
of the development of schools of thought, is not always related to
competition and conflict between groups and al-Syaib{\=a}n{\=i} at that time
was part of the ra`yi expert community which was known to have a
distinctive Iraqi thought discourse. Based on the academic issues
above, the formulation of the problem of this dissertation is 1. How
did al-Syaib{\=a}n{\=i}'s method and attitude in dealing with Ikhtil{\=a}f amidst
the Ikhtil{\=a}fiyyah discourse that occurred at his time? 2. Why did al-
Syaib{\=a}n{\=i} show Ikhtil{\=a}f to the traditional community of ra`yi experts he
followed?
This research was conducted using a history of ideas approach.
Ikhtil{\=a}f in the form of narration in the Kit{\=a}b al-{\=A}{\.s}{\=a}r is investigated by
looking at its formation using sources in al-{\=A}{\.s}{\=a}r itself and the
surrounding works which form the context of al-{\=A}{\.s}{\=a}r, especially al-
Mu{\d s}annaf al-{\d S}an'{\=a}n{\=i} and ibn Ab{\=i} Syaibah. Kit{\=a}b al-{\=A}{\.s}{\=a}r is placed
within the framework of oral culture discourse theory and al-
Syaib{\=a}n{\=i}'s Ikhtil{\=a}f activities are placed within the framework of
culture of ambiguity theory.
Al-Syaib{\=a}n{\=i} was a loyal disciple of Abu Han{\=i}fah and followed
the distinctive way of thinking in the discourse of Abu Han{\=i}fah's ra`yi
experts who developed from Kufa. Al-Syaib{\=a}n{\=i} Ikhtil{\=a}f against the
traditions of his community in a condition of problems and difficulties
in fiqh law that he had to face and also had to resolve. Ikhtil{\=a}f, although
few, was quite important, amounting to 84 of 926 narrations. The
method used by al-Syaib{\=a}n{\=i} in Ikhtil{\=a}f was through ra`yu. Al-
Syaib{\=a}n{\=i}'s ra`yu was formed from the scientific materials around him.
He dialectically ra`yu with Qur'anic arguments to strengthen his ra`yu.
He also quoted the Hadith of the Prophet, the opinions of the
companions, and tab'{\=i}n from outside the community of ra`yi experts
for the purposes of the dialectic of ra`yu al-Syaib{\=a}n{\=i}.
Al-Syaib{\=a}n{\=i} and his contemporary ulama, even though they
were in a strong oral culture, where they had a tough attitude, debated
and competed fiercely, they still had an attitude of respecting the
authoritative truth of the jurisprudence of groups that had other
discourses of jurisprudential legal thought. Their attitude is even
proven by taking, quoting and absorbing texts originating from outside
their community. This openness to the truth of other communities
shows that they have a tolerant attitude towards truth outside their
group or that they can exist in a condition full of "ambiguity". Their
mental attitude towards this "ambiguity" was formed and developed
long before the time of al-Syaib{\=a}n{\=i} (W. 189 H.)
Al-Syaib{\=a}n{\=i} Ikhtil{\=a}f to his community of ra`yi experts because
1. in the ra`yu activity in the discourse of ra`yi experts there is potential
for Ikhtil{\=a}f. 2. Al-Syaib{\=a}n{\=i}'s sources of knowledge are very diverse,
both knowledge originating from Kufa and knowledge obtained in ri{\d h}lah outside Kufa. 3. Knowledge in Kufa itself, during the time of
al-Syaib{\=a}n{\=i}'s life, was already very busy with many discourses on fiqh
law in the form of narrations (riw{\=a}yah). Kufa was a meeting place for
many legal discourses, both discourses from Kufa itself and from
outside Kufa. This condition resulted from the ri{\d h}lah process, then a
comparison of laws occurred in the form of complex narrations.}
}