KAIDAH “PADA DASARNYA PERINTAH BERARTI WAJIB, KECUALI JIKA DALIL MENUNJUKKAN HAL LAIN” DAN PENERAPANNYA PADA BAB MUAMALAH

Abstract

Muamalat (transactions or dealings) is a quarter of the fiqh chapter besides worship, munakahah (marriage) and jinayah chapters. Another perspective, muamalah is half fiqh; because munakahah and jinayah can be put under muamalah. Showing the urgency of the muamalah chapter is being half of the religion. On the other hand, the rules “Basically, the Command Means Obligatory, Unless The Postulate Shows Other Things” is one of the most important rules in ushl al-fiqh. This study examines this rule and its application in the Muamalah chapter. The research method used is a qualitative with a theory implementation approach. The data sources are the books of ushlal-fiqh, fiqh, interpretation, hadith and Arabic. Data collection and analysis are done deductively.

The most important results of this study are as follows: (1) The strongest opinion is that the command basically shows the obligation, unless the postulate transfers it to another meaning. (2) The ushuliyyah rules have enough examples of application in the muamalah chapter, such as: a. Basically the order means mandatory while there is no postulate that diverts it to other meanings, for example the order to return the slave brothers who are sold separately, the order to determine the size of the salam commodity, the order to return goods borrowed and deposited, and the order to sell similar ribawi commodities in tamatsul (such as in the dose or the scales) and taqabud (cash). b. The orders change meaning to sunnah or other meanings if there is a postulate that diverts them to these other meanings. For example, orders to bring witnesses in a sale and purchase transaction, waqf orders, and orders to record debts and credit. (3) Sometimes there are different points of view in understanding the meaning of the command, and whether there is a postulate that diverts it from the meaning of mandatory. For example, the order to take and announce the finding (luqathah) and the order to accept the transfer of receivables to third parties, if the third party is rich (liquid).