A.

Definition of Sunnah

As-Sunnah in a language (etymology) is a way, rules, ways that are accustomed or a

commendable way. Sunnah is more commonly called a hadith which has several etymological
meanings, namely: Qorib means close, Jadid means new, and Khobar which means news or
news. As in Surah At-Tour: 34.

‫صادقين كانوا إن مثله بحديث فليأتوا‬.

Meaning: "then let them bring forth news which seems to be if they are the righteous" (QS. At
Thur; 34).

While the Sunnah according to the term syara ’is:

َ‫ْف‬ ِ ُ ‫صفَةًأوفِ ْعالًأوقَوالًمصالنبيإلى َماأ‬

َ ‫ضي‬ ِ َ ‫ْأوت َ ْق ِري ًْراا‬

Meaning: "everything that is based on the Prophet SAW both in the form of words, deeds,
character or confession"

Understanding As-Sunnah in terms of terminology can also be seen from three fields of
science, namely:

1. According to the scholars of hadith, the sunnah is identical to the hadith, namely all that is
based on the prophet Muhammad both his words, deeds or provisions as ordinary human
beings including his morals both before and after becoming an Apostle.

2. According to the ulema of ushul fiqh, the sunnah is interpreted as all that was born from the
Prophet SAW in the form of words, deeds or confessions.

3. Sunnah according to fiqh experts, besides having the meaning as stated by the ushul fiqh
scholars, is also intended as one of the taklif laws which contains the meaning, "an act which is
rewarded and if it is left innocent". [1]

B.kinds of Sunnah

Sunnah or hadith based on the definition according to the experts above, can be divided
into 3 namely:

1. Sunnah Qauliyah, namely khabar in the form of the Prophet's words which were heard and
delivered by one or several friends to others.
 2. Sunnah Fi'liyah, which is every act carried out by the Prophet SAW which is known and
conveyed by friends to others. Like the procedure for performing the five daily prayers
practiced by the Prophet, the way of ablution 'and the way of Hajj.

3. Sunnah of the Taqririyah, which is something that arises from a friend of the Prophet
Muhammad who has been recognized by him, both in the form of words and deeds. [2]

While the As-Sunnah in terms of the narrators of the Prophet Muhammad was divided into
three types:

1. Mutawatirah Sunnah, is a sunnah narrated from the Prophet by a group of narrators who
according to their habits, individuals cannot agree to lie.

2. Masyhurah Sunnah, is a sunnah narrated from the Prophet by a person, or two people, or
three friends who did not reach the number of tawatur (mutawatir hadith narrators).

3. Sunnah Ahad, is the sunnah narrated from the Messenger of Allah by individuals who did not
reach the number of concerns. [3]

C. Function of the Sunnah

1. The functions of As-Sunnah include:

a. Establish or confirm the law that has existed in the Qur'an. Example of the word of God
Almighty in the letter Hud: 102.

َ َ‫ظا ِل َمةٌ َو ِهيَ ْالقُ َرىأ َ َخذَإِذ‬

ََ‫اربِِّ َكأ َ ْخذُ َو َكذَلِك‬ َ َّ‫شدِيدأَلِي ٌم ْخذَ ُهإِن‬
َ

Meaning: "That is the doom of your Lord, if He punishes the inhabitants of the wrongdoing
countries. Indeed, His punishment is very painful again. "

This verse is reinforced by the hadith of Abu Musa whose meaning is almost the same. The
Messenger of Allah said: Surely Allah Ta'ala will suspend his torment for those who practice
zhalim, if Allah has punished him then he will never let it go. Then the Messenger of Allah (saw)
read the verse of the Huud letter: 102 (H.R. Muslim)
 b. Give interpretation of the verses of the Qur'an. Like the word of God in surah Al-maidah: 3.

َ ُ‫الخِ ْن ِزي ِْر َولَحْ ُم َوال َّد ُمال َمَْيتَة‬

َْ‫علَ ْي ُك ُم ُح ِ ِّر َمت‬

Meaning: "Forbidden to you (eat) carcasses, blood and pork ..." Qs.al-maidah: 3)

There is nothing except in this verse, all carcasses and blood are forbidden to eat. The Sunnah of
the Prophet Muhammad blessed or excluded certain blood and carcasses. Said Rasululah saw:

َْ‫َان لَنَا أُحِ لَّت‬ َِ ‫َان فَأ َ َّما َو َد َم‬

َِ ‫ان َم ْيتَت‬ َِ ‫ان َوأ َ َّما َوال َج َرا َُد ال ُحوتَُ ال َم ْيت َـَت‬ َُ ‫والطِ ِّ َحا‬.
َِ ‫ل فَال َكبِ َُد ال َد َم‬ َ

Meaning: "We have legalized two kinds of carcasses and two kinds of blood. What is meant by
two types of carcasses are carcasses and carcasses of grasshoppers. whereas what is meant by
two types of blood is ati and spleen. "(Hadiths of the History of Ahmad, Ibn Majah and al-
Bayhaqi.)

c. Establish laws that are not found in the Qur'an. An example of a ban on combining wives with
their siblings. The Word of Allah SWT in surah al-An Nisa 'verse 23, in the verse only explained the
prohibition against husbands to combine their wives with their wives' sisters. Whereas in the
hadith the Prophet also explained that the prohibition of a husband to combine his wife with his
aunt, both from the mother's side and from his father's side. As in the words of the Prophet:

‫أخيها ابنته وال أختها ابنة وال خالتها وال عمتها على المرأة تنكح ال‬

Meaning: "A woman may not be married together (combined) with her aunt or together with the
daughter or daughter of the wife's wife (wife's niece)." (Narrated by Muslim) [4]

D.Definition of ijtihad

Ijtihad according to language is serious in pouring out thoughts. whereas according to the
term syara 'ijtihad is to devote all of your ability and mind seriously in establishing Shari'a law
in certain ways. Ijtihad is the third source of law after Al-quran and hadith, which serves to
establish a law if the law is not discussed in the Qur'an and hadith on the condition of using
common sense and careful consideration. people who do ijtihad are called mujtahid. People
who do ijtihad (mujtahid) must truly be people who obey and fully understand the contents of
the Qur'an and hadith. Following are the conditions for becoming a mujtahid;

E.Kinds of Ijtihad

1) Ijma '

Ijma 'is a legal agreement taken from a fatwa or deliberation of the Ulama about a case that is
not found in the Qur'an or hadith. But the reference must be in Al-quran and hadith. ijma 'in
the present is taken from the decisions of Islamic scholars such as MUI. For example the law of
consuming marijuana or shabu-shabu is haram, because it can be intoxicating and harmful to
the body and damage the mind.

2) Qiyas

Qiyas is equating namely to establish a law in a new case that has never been before but has
similarities such as causes, benefits, hazards or various aspects in the previous case so that
they are punished equally. For example, as in the letter Al isra verse 23, it is said that the
words "ah" to parents are not permitted because they are considered disparaging and
insulting, while hitting parents is not mentioned. So it was asserted by the scholars that the
law of beating and scolding parents is the same as the law saying that Ah is both hurting the
parents and sharing the same opinion.

3) Maslahah Mursalah

Maslahah Mursalah is a way of establishing law based on consideration of its usefulness and
benefits. For example: in the Qur'an or Hadith there are no arguments which order to record
the verses of the Koran. However, this is done by Muslims for the benefit of the people.

4) Saddu adzari'ah

Saddu adzari'ah is deciding a case that is changed to haram or haram for the benefit of the
ummah.

5) Istishab

istishab is an action in setting a provision until there is a reason to change it. For example:
someone who doubts whether he has ablution or not. At times like this, he must hold /
believe in the situation before he performs his ablution, so that he must perform ablution
again because prayer is not valid if he is not ablution.

6) uf Uruf
 Uf Uruf is an action in determining a matter based on the customs that apply in the
community and does not conflict with the Qur'an and hadith. For example: in terms of buying
and selling. I bought the money as a payment for the item he bought by not holding the Kabul
permit, because the price was shared between the seller and the buyer.

7) Istihsan

Istihsan which is an action by leaving one law to another, due to the existence of a syara
'argument which requires to leave it. For example: in syara ', we are forbidden to hold a sale
and purchase whose item is not available at the time of the contract. However, according to
Istihsan, Syara 'gave rukhsah namely ease or relief, that buying and selling is allowed with the
payment system at the beginning, while the goods are sent later.

F.The function of Ijtihad

Ijtihad serves to establish a law whose law is not found in the Qur'an and hadith. Whereas if
the problems that have a proposition in the Qur'an and hadith then it should not be jihadist
anymore.