KARAKTERISTIK KHIṬĀB DALAM HUKUM WAḌ‘Ī

Studi terhadap Hadis-hadis tentang Rukun Shalat

Abstract

Some uṣūliyyūn state that situational rules (ḥukm al-waḍ‘ī) fall into the category of ḥukm al-taklīfī so that there is only one type of Sharia law, namely ḥukm al-taklīfī. The reason is that there is no meaning in determining the sun's position as the causality if it is not for the law of obligatory prayer. This statement gives the impression that the category of Sharia law is unclear, even though this category is the most important one in the science of Uṣūl al-Fiqh because scientists cannot solve the scientific problem without understanding the parts that make it up. Therefore, the author designed the research that formulatet this two research problem: 1) what are the characteristics of khiṭāb in ḥukm al-waḍ‘ī? 2) Do these characteristics make ḥukm al-waḍ‘ī become a separate category? This study is normative legal research that examines legal principles with an epistemological approach. The author uses a Logic Science perspective, especially its conception of classification and category. The author found three specific characteristics: 1) its existence as a supporting khiṭāb; 2) the pattern that builds the relationship between two laws; 3) the aim is to determine a situation in the relationship between two laws, whether in the form of causes (al-sabab), conditions (al-syarṭ) or obstacles (al-māni‘).This research concludes that ḥukm al-waḍ‘ī deserves to become a separate category under the classification of Sharia law.