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IKHTILAF DALAM KITAB AL-ATSAR KARYA MUHAMMAD IBN AL-HASAN AL-SYAIBANI
Ikhtilāf in Islamic jurisprudence is an important phenomenon in the face of early Islam. Ikhtilāf is the face of real and factual changes in the development of early Islamic history. Ikhtilāf 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 Ikhtilāf 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-Syaibānī's "work" of Kitāb al-Āṡār is studied to fill the theoretical gap above. On the one hand, al-Syaibānī was recognized by his contemporaries as a loyal follower of Abū Ḥanīfah who was known to the ra`yi expert community, on the other hand, he had Ikhtilāf towards teachers in his community. This will fill the gap that Ikhtilāf , which is a factual form of the development of schools of thought, is not always related to competition and conflict between groups and al-Syaibānī 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-Syaibānī's method and attitude in dealing with Ikhtilāf amidst the Ikhtilāfiyyah discourse that occurred at his time? 2. Why did al- Syaibānī show Ikhtilāf to the traditional community of ra`yi experts he followed? This research was conducted using a history of ideas approach. Ikhtilāf in the form of narration in the Kitāb al-Āṡār is investigated by looking at its formation using sources in al-Āṡār itself and the surrounding works which form the context of al-Āṡār, especially al- Muṣannaf al-Ṣan'ānī and ibn Abī Syaibah. Kitāb al-Āṡār is placed within the framework of oral culture discourse theory and al- Syaibānī's Ikhtilāf activities are placed within the framework of culture of ambiguity theory. Al-Syaibānī was a loyal disciple of Abu Hanīfah and followed the distinctive way of thinking in the discourse of Abu Hanīfah's ra`yi experts who developed from Kufa. Al-Syaibānī Ikhtilāf 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. Ikhtilāf, although few, was quite important, amounting to 84 of 926 narrations. The method used by al-Syaibānī in Ikhtilāf was through ra`yu. Al- Syaibānī'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'īn from outside the community of ra`yi experts for the purposes of the dialectic of ra`yu al-Syaibānī. Al-Syaibānī 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-Syaibānī (W. 189 H.) Al-Syaibānī Ikhtilāf 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 Ikhtilāf. 2. Al-Syaibānī's sources of knowledge are very diverse, both knowledge originating from Kufa and knowledge obtained in riḥlah outside Kufa. 3. Knowledge in Kufa itself, during the time of al-Syaibānī's life, was already very busy with many discourses on fiqh law in the form of narrations (riwāyah). Kufa was a meeting place for many legal discourses, both discourses from Kufa itself and from outside Kufa. This condition resulted from the riḥlah process, then a comparison of laws occurred in the form of complex narrations.
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