SHARI'A, FIKIH, AND ISLAMIC LAW

The word comes from the Arabic Islamic Shari'a, which شرع - يشرع - شرعا. While the word at-tashri> 'which is mas} dar of شرع, the adoption of sharia is etymologically has two meanings, namely:
1. مورد الماء الجاري الذى يقصد للشرب which means the flow of water used for drinking. It is said that because the source / water flow is the source of life and health to the body.
2. الطريقة المستقيمة (straight path) as the word of Allah SWT, which reads:
Meaning:
Then We made you to be on top of a Shari'a (laws) of the matter (religion), then follow the Shari'a it and do not follow the passions of people who do not know.
Sharia is said to be a straight path because it is an indication for the goodness of humanity, both good of their soul and intellect.
The word Shari'ah (Ar: ash-shari> 'ah) is etymologically means source or flow of water used for drinking in its development, the Arabs used to refer to the (religious) straight (at}-t} ari> qah al -mustaqi> mah), because both meanings are relevant meaning. If the source or the flow of water is a basic requirement to maintain the safety of human lives and their bodies, then at}-t} ari> qah al-mustaqi> house is a basic need that will save and bring goodness to mankind. From this root, Shariah is defined as the straight religion which Allah revealed to mankind.
In terminology, there are some opinions of the scholars about the definition or understanding of Shari'ah, namely:

a. Manna> 'al-Qat} t} a> n (Islamic jurists of Egypt) defines sharia as the terms Allah SWT for His servants covering problems faith, worship, ethics and governance of human life to achieve happiness in the world and hereafter.
b. Imam ash-Syatibi states that Shari'a same with religion.
c. Fath} i> ad-Duraini> memeberikan definition of Shari'ah as follows: Shariah is all that Allah revealed to Prophet Muhammad in the form of the revelation contained in the Qur'an and the Sunnah of Prophet Muhammad is believed to validity. He further said that the Shari'ah is an-nus} u> s al-MUQADDASAH (sacred texts) contained by the Qur'an and the Sunnah of the Prophet.
d. According to the majority of fuqaha 'are laws that have been disyari'atkan Allah to his servants the prophets through oral Him. If we look at some of the definitions that have been mentioned, there are defining the meaning of shari'ah in summary (global, such as the definition given by the as-Syathibi, Manna 'al-Qaththan and jurists. While the definition given Fathi ad-Duraini an understanding Shariah in particular, the Islamic Shari'ah (Islamic law). From this we can conclude that it is actually a religious Shari'ah. religion because it certainly has its teachings, which in this context is a religion that originated from Allah SWT, which contains provisions unto his servants were revealed to the Apostles. As mentioned before that the definition of Shariah in a general understanding of Shariah. How about the Islamic Shari'ah (Islamic law) ? If we want to define the terms of Islamic Shariah, we can take the definition given by Fathi ad-Duraini, as mentioned in point b. definition of Shari'ah Islamiyah was also mentioned by Muhammad Shalabi Must} afa>: Shari'ah Islamiyah or Islam is Majmu'ah al-Ahkam (the laws) which Allah revealed to perantaran revelations given to the Prophet Muhammad ibn Abdillah sallallaahu 'alaihi wa sallam. If we look further definitions of the Shari'ah, then we will know that Shariah is comprised of two elements (derived from two sources), namely al-Qur'a> n which is our holy book of Muslims, and as-Sunnah (al-H} Adis}) which is the word, behavior and determination of our Prophet Muhammad SAW. Shari'ah Thus it is s} ABAT (right all the time), was unchanged despite swallowed time and age, wherever and whenever. tsabat By the nature of the shari'ah of Allah will remain happens all the time and no one is able to replace it. Sharia comes to build, build, manage human life, and lead people to the right path (the path of Allah) that he survived, both in this world and in the Hereafter. B. Fiqh The word fiqh (Ar. = al-fiqh) is etymologically means al-Fahm or understanding, which in this case is a deep understanding, al-'ilm al-fat} and anah (intelligence). while understanding the terminology of fiqh there is some sense raised by the scholars of fiqh in accordance with the time (in accordance with the development of the fiqh sense), namely: a. According to Imam Abu Hanifah, fiqh is ma'rifat laha an-nafs wa ma ma 'alaiha (self-knowledge related to all creed or amaliyah). definition includes faith, morals, worship and mu'amalah. b. According to Imam Shafi'i, Fiqh is the science / knowledge of the laws of Personality 'a' amaliyah obtained from the detailed arguments. c. According to al-Baji, Fiqh is the science / knowledge of the laws of Personality '. d. Imam Haramain defines jurisprudence as the science / knowledge of the laws taklif. e. Imam Al-Amidi explains that fiqh is knowledge (science) law Personality 'a furu>' produced by naz istid}} ar and la> lf Fathi ad-Duraini stated that jurisprudence is an attempt to Islamic rules' through the principles and methods of usul fiqh. jurisprudence on the meaning of some of its most famous, such as mentioned by al-Zuhailiy Wahbah, is the definition given by Imam Shafi 'i, the science / knowledge of the laws of Personality' a 'amaliyah obtained from the detailed arguments. said' amaliyah because most of jurisprudence that regulates the things that are 'amaliyah although there is also a nadzariy ikhtila> f ad-in> n (different religions) can not inherit each other cause. From here it is known that more specific jurisprudence of Shariah. Sharia is the source of fiqh. reason , fiqh is a deep understanding of the an-nus} u> s al-mujtahid MUQADDASAH and is an attempt to capture the meaning and illat contained by a-nus} u> s al-MUQADDASAH them. Accordingly, the result of ijtihad fiqh scholars to verses of the Qur'an or the Sunnah of the Prophet. According to Fathi ad-Duraini, before penetrated by human thought, Shari'a is true forever. while fiqh, because it is the result of human thought, could be wrong and could be right. Nevertheless, according to Muhammad Yusuf Musa (Egyptian jurist) Shari'a and fiqh have a strong bond, therefore fiqh can not be separated from the Shari'a. Accordingly, fiqh is a religious interpretation that tries to rationalize Shari'ah. This is evidenced by the different understanding of the shariah to produce different interpretations. This raises the emergence of schools in Islam in the field of jurisprudence. difference is evident especially in the legal mu'amalah (horizontal relationships). difference is caused by differences in the social environment of the priests the fiqh schools. Thus was born Imams such schools Imam Abu Hanifah known as being a rationalist (using a ratio with more servings) because he lived in the midst of a heterogeneous society. while Imam Malik who live in a place where a person who comes hadith tekstualis. Nevertheless, they are not the slightest monopolize interpretation of the revelation of God, even to open the door as wide as possible to understand and interpret the shari'ah 'ah. C. ISLAMIC LAW The term' Islamic law 'not at all found in the Qur'an and in Islamic legal literature, there is sharia, jurisprudence, the law of God or the seakar with it. the legal literature of Islam is Islamic sharia, Islamic jurisprudence and Islamic rules. 'Thus, the term Islamic law is a term which is translated into a typical Indonesian western literature literally, the Islamic Law. On the definition of Islamic law, at least two different opinions among jurists Indonesia. Muhammad Hasbi Ash-Shiddiqiy define Islamic law by jurists collection efforts in implementing Islamic law in accordance with the needs of the community. Seeing Hasbi proposed definition, we can see that it defines the meaning of fiqh Islamic law. Amir Syarifuddin, a member of Islamic law Islamic law defines a set of rules based on the revelation of God and the Sunnah of the Apostle of human behavior mukallaf recognized and is believed to occur and binding to all the people who are Muslims. From this definition we can see that it includes Shariah and fiqh as meaning Personality 'and fiqh contained therein. Accordingly, if someone says that Islamic law has not changed and remains then it is meant in the sense of Shariah Islamic law . Whereas if Islamic law says that change with the change and development of the age and period then it is Islamic law within the meaning of fiqh. According to Pete Seda, Islamic Law or Islamic law is only derived from the Qur'an and the Sunnah of the Prophet Muhammad to govern all aspects of the lives of his people (on procedures worship God and how do unto others). Seeing this statement, then the sense of Islamic law can be equated with Islamic law, but the level of applicable procedures. Thus, Islamic law, in the language of Mohammad Daud Ali ( 1996), has two key terms that (a) the Shari'ah and (b) jurisprudence. Shari'ah consists of the revelations of Allah and the Sunnah of the Prophet Muhammad and fiqh is understanding and results of human understanding of shari'ah. In other words, Islamic law is set on the second law (shari'ah and fiqh) about the behavior of people who are Muslims. CONCLUSION From the above explanations, we can conclude that in fact can not be separated from the shari'ah jurisprudence. Both have strong ties and difficult separated, but there are fundamental differences between the two. Shari'ah consists of the revelations of Allah and the Sunnah of the Prophet Muhammad and fiqh is understanding and results of human understanding of shari'ah. Shari'a that are derived from the revelations of Allah (Al-Qur'an) and the Sunnah of our Prophet Muhammad SAW (Al-Hadith) are tsabat (fixed) whenever and wherever. while fiqh is tathowwur (constantly growing) because it is the result of human understanding of shari'ah. tsabat By the nature of the Shari'ah of God SWT will still happen all the time and no one is able to replace it. while the nature of the tathowwur jurisprudence, it shows that the law is flexible (not rigid) in every condition and situation of the community and keep abreast of the times. however, remain law Quranic. Fiqh is a religious interpretation that tries to rationalize Shari'ah. This is evidenced by the different understanding of the Shari'ah resulting in different interpretations, which ultimately led to schools in Islam in the field of jurisprudence. Islamic law is the law laid down in the Shari'a and fiqh binding behavior of Muslims. As such, Shariah and fiqh is the essence of Islamic law itself without any separation between the two (the shari'ah and fiqh.) is where the location of the power of Islamic law. He is purely derived from the revelations of Allah without interference from the power of human reason. while jurisprudence itself is a means of understanding the process of establishing Islamic law through the power of human reason. Whether it's understanding of revelation, directly or indirectly. flexibility where Islamic law when discussing your problem 'amalah we are given the opportunity to ijtihad (gate of ijtihad was not closed) and the Qur'an itself is only discussed globally mu'amalah only. Allaah knows best bissowaab. REFERENCES Al-Qur'an al-Karim al- A