Ma’had Aly’s Scientific Development Pattern: Comparative Study of

Fiqh Studies in Ma’had Aly Salafiyah Syafi’iyyah Situbondo and

Ma’had Aly Al-Hikamus Salafiyah Babakan Ciwaringin Cirebon

Agus Umar

, Marhamah

, Farhah

and Isti Nurhayati

Islamic University of Jakarta, Balai Rakyat Street Utan Kayu Matraman, Jakarta, Indonesia

Keywords: Fiqh, Ushul Fiqh, Ma’had Aly, Development.

Abstract: This study examines the pattern of fiqh scientific development in Ma'had Aly Salafiyah Syafi'iyyah

Situbondo East Java and Ma'had Aly Al-Hikamus Salafiyah Babakan Ciwaringin Cirebon, West Java. This

study uses qualitative research methods with a comparative approach to see similarities and differences

made in these two institutions in developing fiqh science. The results showed that the pattern of fiqh

scientific development in both ma'had aly (Higher Islamic Boarding School) had similarities in all aspects

of development both in the aspects of epistemology, research, basic framework and curriculum structure,

extra-curricular activities, and scientific publications. The epistemology aspect states that the trend of the

development of fiqh scholarship is studied by studying fiqh and ushul fiqh simultaneously and emphasizing

the objectives of shari’ah (maqashid al-shari'ah) point of view. Research aspects developed using historical

analysis methods so that the context that underlies Islamic law is made. The subject of ushul fiqh gets a

large portion in the curriculum. The extra-curricular aspect organizes activities on al-bahth al-masa’il

(problem and solution) and aspects of scientific publications are publishing scientific journals and books

1 INTRODUCTION

This study reports the pattern of fiqh scientific

development in Ma'had Aly Salafiyah Syafi'iyyah

Situbondo, East Java and Al-Hikamus Salafiyah

Babakan Ciwaringin Cirebon, West Java. This is a

qualitative research method with a comparative

approach conducted to examine the pattern of

scientific development carried out by the two

pesantren (Islamic Boarding School) institutions of

higher education in the study of fiqh.

In this study the problems are stated as follows:

1) The pattern of scientific development is

considered important as a model for the

implementation of ma'had aly education for

policy makers and practitioners of

education,

2) The model of scientific development in

ma'had aly becomes a reference for other

ma'had aly who organize the same

specificity (takhasus), namely fiqh and ushul

fiqh. The Ministry of Religion as a

government institution that regulates the

implementation of education in ma'had aly

has established a policy that every ma'had

aly may only hold one takhasus. This is so

that the aim of education in ma'had aly for

the development of Islamic religious

sciences (tafaqquh fi al-din) can be achieved

because ma'had aly only focuses on one area

of science. If this goal can be achieved then

the Government's ambition for Indonesia to

become a world education destination will

also be achieved by the existence of a

strong, well-known and world-recognized

ma'had aly into the center of Islamic

religious sciences. As part of the Ministry of

Religion policy, the Government wants

educational institutions in Indonesia to be in

demand by many overseas students as so far

many Indonesian citizens have studied

abroad to study Islamic religious sciences

such as Saudi Arabia, Egypt, Sudan,

Morocco and other countries.

The research is motivated by the fact that ma'had

aly as an educational institution which, despite its

long standing, has only recently been recognized by

the Government since 2016 after the Ministry of

Religion issued Minister of Religion Regulation

(PMA) Number 71 of 2015 concerning Ma'had Aly.

As a regulator, the Ministry of Religion drafted

various regulations derived from the PMA including

the Director General of Islamic Education's Decree

on Education Standards, Research Standards and the

Standards of Service to the Ma'had Aly Community

Umar, A., Marhamah, ., Farhah, . and Nurhayati, I.

Ma’had Aly’s Scientiﬁc Development Pattern: Comparative Study of Fiqh Studies in Ma’had Aly Salaﬁyah Syaﬁ’iyyah Situbondo and Ma’had Aly Al-Hikamus Salaﬁyah Babakan Ciwaringin

Cirebon.

DOI: 10.5220/0009943223912398

In Proceedings of the 1st International Conference on Recent Innovations (ICRI 2018), pages 2391-2398

ISBN: 978-989-758-458-9

2391

and the Decree of the Director General of Islamic

Education concerning the Education Qualifications

and Competencies of Ma’had Aly Students

Candidate. Up to now, the Ministry of Religion has

issued a Decree of the Director General of Islamic

Education regarding the Permit to Establish Ma'had

Aly to 36 Islamic boarding schools with various

takhasus of certain Islamic disciplines. Thus, ma'had

aly is still considered as a new educational

institution that needs to be developed so that it can

meet the standards set by the Government. On the

other hand the regulations made by the Government

are also considered to be very minimal in order to

fulfill the needs of the implementation of ma'had aly,

for example the Graduates Competency Standards

which are currently under discussion and other

standards.

This research focuses on Ma'had Aly Salafiyah

Syafi'iyyah and al-Hikamus Salafiyah institutions.

The reason for choosing these two institutions is

because there are similarities in takhasus, which are

the same as holding takhasus fiqh and ushul fiqh. In

this study the main research questions used are how

best practices are carried out by Ma'had Aly

Salafiyah Syafi'iyyah and al-Hikamus Salafiyah in

developing fiqh studies? Then clarified with sub

questions, namely:

1. In what ways is Ma'had Aly Salafiyah

Syafi'iyyah and al-Hikamus Salafiyah in

developing fiqh science?

2. What aspects are developed by Ma'had Aly

Salafiyah Syafi'iyyah and al-Hikamus

Salafiyah which contribute to the scientific

development of fiqh?

2 LITERATURE REVIEW

2.1 Ma’had Aly

The definition of ma'had aly as in the Minister of

Religion Regulation No. 71 of 2015 concerning

Ma'had Aly is an Islamic religious college that

organizes academic education in the field of mastery

of Islamic religion (tafaqquh fi al-din) based on

yellow books (kutub al-turath) organized by Islamic

boarding schools. Since the regulation on ma'had aly

was published in 2015, the Ministry of Religion

officially issued establishment permits for 13 ma'had

aly in 2016. However, the actual establishment of

ma'had aly was established in 1990 when for the first

time ma'had aly was founded by the late KHR As'ad

Syamsul Arifin, former chairman of the Salafiyah

Syafi'iyyah Islamic Boarding School in Situbondo

(Wahid 2005). The Islamic higher education

institution is planned to be the center of fiqh studies

or tafaqquh fi al-din institutions that can answer

various religious and social issues in accordance

with the perspective of Islamic law. The

establishment of ma'had aly in Situbondo then

inspired other large Islamic boarding schools to

establish the same education, including Ma'had Aly

Al Hikmah Brebes in 1997, Ma'had Aly Al-Hikamus

Salafiyah 1998, Ma'had Aly Hasyim Asy'ari in 2006,

Ma'had Aly Al-Fithrah in 2007 and other ma'had

aly.

Pondok Pesantren (Islamic Boarding Schools)

are one of the oldest educational institutions in

Indonesia. There are not many references revealed

when the first Islamic boarding school was

established, but it is almost certain that Islamic

boarding schools were established along with the

spread of Islam by Wali Songo (nine saints) in

Indonesia, especially on the island of Java.

However, it is known that the first Islamic Boarding

School was once founded by Sheikh Maulana Malik

Ibrahim. His graduate, also known as Sheikh

Maulana Maghribi (d. 822 H) was the person who

first spread Islam in Indonesia called Wali Songo or

nine saints (Yasid 2009).

Religious and educational missions are an

orientation developed by wali songo in establishing

pesantren in the middle of society. The lack of

historical records regarding the certainty of the first

time the Islamic boarding school in Indonesia, where

and who the founder was, was relatively difficult to

find. The reason is that religious learning activities -

both the formation of formal education termed

pesantren - have taken place everywhere, along with

the ongoing Islamization of several regions (Rais

2015).

In a further development, Islamic Boarding

Schools were faced with a dilemma to hold various

activities and developments in the community. On

the one hand, pesantren are required to adapt to the

context of social dynamics. But on the other hand,

pesantren must be able to maintain their identity as a

special educational institution that was pioneered by

the scholars and ‘Auliya back to several centuries

ago.

One of the adaptation processes that have been

carried out by the pesantren is forming a community

school carried out by a young kyai who had

graduated in Mecca in the early 20th century. The

pesantren teaching system was removed and

replaced by the Dutch government education system

when colonizing Indonesia. However, the style of

Islamic boarding school education was allowed and

recognized and even officially changed to a school

model and classes in Mataram. This Dutch colonial

policy resulted in the obstruction of the development

of Islam and Islamic boarding schools. Thus,

ICRI 2018 - International Conference Recent Innovation

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people's understanding of Islam is relatively low and

even quite alarming.

The challenge that must be received by Islamic

Boarding Schools in the past is how to manage and

build a good madrasa education model. However,

along with the rapid development around the

pesantren the challenges received were also greater

where adjustments and reforms were demanded by

not removing identity as an institution that had a

moral and noble personality. Therefore, several large

Islamic boarding schools such as Salafiyah

Syafi’iyah Situbondo, Zainul Hasan and Nurul Jadid

Probolinggo, Darul Ulum Jombang and others have

built higher education institutions which are now

known as ma'had aly (Yasid 2009).

Scientific development in ma'had aly is a group

of Islamic religious sciences with a deepening of the

specificities (takhasus) of certain Islamic disciplines

including Al-Quran and Al-Quran Sciences (al-

qur'an wa 'ulumuhu), Tafsir and the Science of

Tafsir (tafsir wa 'ulumuhu ); Hadith and Hadith

Sciences (hadith wa 'ulumuhu); Fiqh and Ushul Fiqh

(fiqh wa ushuluhu); Islamic Akidah and Philosophy

('aqidah islamiyyah wa falsafatuha); Sufism and

Tarekat (tashawwuf wa thariqatuhu); Falak Science

('astronomy'); Islamic History and Civilization (date

of Islam wa tsaqafatuhu); or Arabic Language and

Literature (lughah 'arabiyyah wa adabuha). Every

ma'had aly is only allowed to develop 1 (one)

Islamic discipline.

2.2 Ma’had Aly Curriculum

Development

In language the curriculum comes from Greek

curir which means running. The term curriculum has

a narrow and broad meaning. In a narrow sense the

curriculum is a number of subjects given by the

teacher/school to students in order to obtain a

diploma or certificate. In its broad meaning the

curriculum can mean all the experiences that are

expected to be mastered by students under the

guidance of the teacher. This experience includes

intra-curricular, co-curricular and extra-curricular

activities both in the classroom and outside the

classroom (Hunkins and Ornstein 2016). While the

meaning of curriculum development is planning

learning opportunities intended to bring students

towards desired changes and assess where those

changes have occurred in student self (Albilehi, Han

et al. 2013). Through the above understanding, the

development of the ma'had aly curriculum is a

number of learning plans both intra-curricular, co-

curricular and extra-curricular for ma'had aly

students so that they are able to achieve the

educational goals held in ma'had aly.

2.3 Fiqh Scientific Development in

Ma’had Aly

Ma'had aly with fiqh and ushul fiqh specificity is

very dominant than ma'had aly with other dicipline.

Recorded in the Ministry of Religion data there are

around 9 ma'had aly in Indonesia who have fiqh and

ushul fiqh specificity namely Ma'had Aly Situbondo,

Ma'had Aly Al-Hikamus Salafiyah Babakan

Ciwaringin Cirebon, Ma'had Aly Sheikh Ibrahm Al-

Jambi, Ma'had Aly Sumatra Thawalib Parabek West

Sumatra, Ma'had Aly Mudi Mesra Aceh, Ma'had

Aly At-Tarmasi Tremas, Ma'had Aly Maslakul Huda

Pati, Ma'had Aly Kebon Jambu Cirebon and Ma'had

Aly Al Zamachsyari Malang.

The tradition of developing fiqh science has long

taken root in various Islamic boarding schools in

Indonesia. In the structure of religious teachings,

fiqh is closely related to religious and social

practices carried out by the community. So ma'had

aly as an educational institution is also called by a

social institution that serves and responds to the

religious and social problems of the community

(Yasid 2017).

In language terminology, the word of fiqh means

understanding. According to Imam Abu Hanifah (d.

150 H) the term fiqh is understanding something that

becomes a rights and obligations of someone else, or

understanding particular laws based on the

arguments. Whereas according to Syafi'i (d. 204 H),

fiqh is knowing practical laws (practices) obtained

through istinbath law based on tafshili (detailed)

evidence. It can be implied from this definition that

jurisprudential law is very practical and can be

applied as a recipe and guidance for mukallaf

(mature) in carrying out daily activities in religious

and public life. What can be emphasized from the

above definition is that the condition of

jurisprudence based on evidence of transcendental

poetry and the process of making legal arguments,

requires the involvement of a logical ijtihad or

istinbath (Saputra 2018).

On the basis of the evidence, revelation can be

divided into two types, namely:

1. Tafshili evidence, is detailed evidence of the

revelation text which shows certain laws which

explicitly as revelation that clearly shows the

legalobligation of the obligation to pray, fasting of

Ramadhan, committing adultery, stealing, blood

donation, and the like

2. Ijmali evidence, namely global evidence that

explicitly shows that there is no specific legal term

but is implicitly sufficient as an indicator.

Ma’had Aly’s Scientiﬁc Development Pattern: Comparative Study of Fiqh Studies in Ma’had Aly Salaﬁyah Syaﬁ’iyyah Situbondo and

Ma’had Aly Al-Hikamus Salaﬁyah Babakan Ciwaringin Cirebon

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Fiqh is divided into two segments, namely fiqh

al-ibadah and fiqh al-mu’amalah. Fiqh al-ibadah

means obedience and obedience to Allah by doing

all that is ordered and leaving everything that is

forbidden. Fiqh al-ibadah relates to Allah which is

reflected in the practice of religious rituals such as

prayer, fasting, paying zakat, reading the Koran and

others. While the fiqh al-mu’amalah is a legal

provision relating to social issues. fiqh al-

mu’amalah adheres to a noble principle in religious

teachings is widely explained in religious texts such

as the value of justice, equality, deliberation, mutual

understanding, nothing is kept secret, there is no

danger, there is no coercion, no profit and others. By

upholding the above principles, fiqh is actually a

moral movement to uphold rights and obligations in

every proportion of daily life (Ahmad, Yanti et al.

2015).

Ibadah (worship) has a sense of being fully

obedient to God by doing all the commands given

and leaving all His prohibitions. Being obedient in

this context is done by the servant to his Creator

without reducing, adding to or questioning the

reasons for God's commands and prohibitions. Thus,

fiqh worship builds relationships with God as

represented in the practice of religious rituals such

as prayer, fasting, paying zakat, reading the Qur'an

and others. Carrying out the provisions of worship,

fiqh is an obligation without having to question the

god, wisdom, and mashlahah contained. This fact

must be done even though it is believed that every

provision from God must contain value for the

benefit of His servants. Humans as servants are

required to apply the procedures set forth in his

teachings.

With a sense of worship as described above, the

worship fiqh has a static character, did not

experience any changes due to changes outside. The

worship fiqh has no need of the creative and

innovative development as its character is

immutable. In matters of religious ritual we do not

need to create new forms of practice as those already

established by the text of revelation. In the matter of

prayers, for example, we do not need to modify and

expand the number of obligatory prayers in day and

night, the number of raka'at, number of ruku’,

prostration ways, and so on, likewise, in a matter of

other rituals practices, such as obligatory fasting,

sunnah fasting, pilgrimage and so forth. In this

connection, a fiqh rule states: “Legal origin practice

of worship is forbidden until there are evidences that

show the opposite legal”.17 Another rule has the

same meaning as that principle says: “God cannot be

worshiped except in the manner specified in the

shari'ah”.

The second element of fiqh is the legal

provisions relating to social issues. This element of

fiqh could change regarding to the context of

community development. What is important in this

fiqh al-mu'amalah is how we appreciate the lofty

principles of religious teachings set forth largely in

the religious texts for example: equality (al-

musawat), fairness values (al-'adalah), mutual

understanding (al-taradli), consultative (al-shura),

not hidden ('adamu al-gharar), not perilous ('adam

aldlarar), there is no compulsion (‘adam al-ikrah),

not speculation ('adam al-muqamarah) and others.

By upholding the principles above, the real fiqh is a

moral movement to uphold the rights and obligations

of each party in proportion in the association of daily

life.

Religious texts relating to fiqh al-mu'amalah is

generally mujmal (general), that set the legal issues

in universal ways. These conditions are made

purposely by shari'ah (makers of shari'ah). Shari'ah

deliberately gives such rules so the religious

teachings which are fiqh views can move

dynamically responding to a variety of legal issues

that continue to develop in society. In addressing the

various legal events in the community, a Mujtahid

must study it by using istidlal instruments, either

religious texts or reality observation that can bring

out the conclusions of law which refers to the

sublime religion principles. Some phrases said that

the pretensions of Mujtahid in doing istinbath is how

the product of law obtained can reflect the values of

maqashid al-shari'ah (the intent and purpose of

Shari'ah), which is to spread the benefits and prevent

damages (li jalb al-mashalih wa dar 'i al-mafasid).

The fiqh al-muamalah documents have evolved

over time. If in the early days, many fiqh al-

mu'amalah discussed the types of transactions

traditionally suitable with the reality of society at

that time, it is now grown in scope per the dynamics

of modern society with the advances impact in

science and technology, similarly, in terms of

constitutional law developments in fiqh

almu'amalah. In the early days of jurisprudential

development, constitutional law did not develop well

because the system prevailing at that time was a

monologue and depended on aspects of the

Caliphate and Empire. On the contrary, today the

theory of constitutional law is dynamic with the

rapid development of nation states in the world,

including Islamic countries.

Thus, it is not surprising that in the early days of

the birth of fiqh, the studies themes that emerged

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revolved around the study of transactions and the

like, the law of marriage with its implications, the

Islamic criminal laws (jinayah), as well as the very

prominent leadership of Quraysh tribe in the study

of fiqh al-siyasah. On the contrary, now the study of

fiqh reaches broader themes in accordance to the

appropriate developmental level. Given the vast area

of the current study, the composition of fiqh

emerged with more specific divisions and

fragmentations so the paradigm of fiqh al-mu'amalah

is more accessible to the public. More specific

discernment is stated such as in themes of fiqh al-

usrah or al-ahwal alshakhshiyyah (family law), al-

fiqh al-madani (civil law), al-fiqh al-jina'i (criminal

law), fiqh al -murafa'at (procedural law), al-fiqh al-

dusturi (constitutional law), al-fiqh aldauli

(international law), al-fiqh al-iqtishadi (economic

law) and others (Yasid 2009).

Based on the above understanding, the meaning

of fiqh scholarly development pattern in ma'had aly

is the pattern of fiqh scientific development in terms

of aspects of the curriculum both intra-curicular, co-

curricular and extra-curricular for ma'had aly

students so they can achieve the educational

objectives held in ma'had aly.

3 METHODOLOGY

3.1 Research Method

This study uses a qualitative method, where this

type of research has natural settings, so the process

is more important than results. Qualitative research

uses an exploratory approach to search for clarity on

objects directly through exploration with grant tour

questions (KHILMIYAH 2016). This study uses a

comparative approach, namely research that

compares the similarities or differences between two

or more facts and the properties of the object under

study based on a certain frame of mind (Yusuf

2016). Through this method seeks to find differences

and similarities in scientific development between

Ma'had Aly Salafiyah Syafiiyyah and Al-Hikamus

Salafiyah in the study of fiqh and ushul fiqh.

3.2 Data Collection Technique

Data retrieval techniques through observation,

document study and in-depth interviews because

basically qualitative research is observing people in

their environment, interacting with them, trying to

understand their language and interpretation of the

surrounding world (Khilmiyah 2016). In addition to

in-depth interviews (in-depth interviews) research is

carried out through intensive descriptions and

analysis of certain phenomena or social units such as

individuals, groups, institutions or those related to

the focus of the research, so the problems can be

found clearly. Researchers act as key instruments, as

well as data collectors, while other instruments

support. The use of qualitative research methods is

nothing but to get an idea of how the pattern of

scientific development is between Ma'had Aly

Salafiyah Syafi'iyyah and Ma'had Aly Al-Hikamus

Salafiyah in the study of fiqh and ushul fiqh which

are research locations. Qualitative research is

essentially observing people in their environment. In

this case, researchers conducted direct observations

about the behavior of the academic community of

ma'had aly in fostering and managing higher

education viewed from various aspects of fiqh

scholarly development patterns and ushul fiqh.

3.3 Data Analysis

In this study researchers used data analysis

techniques according to a qualitative approach. Data

analysis is the process of systematically tracking and

managing interview transcripts, field notes and other

materials collected to increase understanding of

these materials so they can be presented to others. In

qualitative research, the analysis was carried out

before in the field, during the field during data

collection, and after completion of data collection.

Analysis before entering the field, carried out on

data from preliminary studies, or secondary data that

will be used to determine the focus of the research.

Analysis in the field is carried out during data

collection. During the interview, researchers have

conducted an analysis of the answers interviewed. If

it feels unsatisfactory, it will continue until data is

deemed credible and saturated with data. Further

analysis activities include data reduction (data

reduction), data display (data display), and

conclusion drawing (conclusion drawing /

verification). These stages can be seen through the

following figure, Data reduction is done to

summarize, select the main things from the collected

data, then focus on the important things, then look

for themes and patterns, so a clearer picture and

facilitate collection further data. Data display is done

in the form of brief descriptions, charts, relationships

between categories and the like through narrative

text, to make it easier to understand what is

happening. While the next step is drawing

conclusions and verification based on valid evidence

until a valid and credible final conclusion is obtained

(Khilmiyah 2016).

Ma’had Aly’s Scientiﬁc Development Pattern: Comparative Study of Fiqh Studies in Ma’had Aly Salaﬁyah Syaﬁ’iyyah Situbondo and

Ma’had Aly Al-Hikamus Salaﬁyah Babakan Ciwaringin Cirebon

2395

4 FINDINGS

4.1 Development of Fiqh Studies in

Ma'had Aly Salafiyah Syafi'iyyah

Situbondo

Ma'had Aly Salafiyah Syafi'iyyah is in the

Salafiyah Syafi'iyyah Islamic Boarding School in

Situbondo. Ma'had Aly Salafiyah Syafi'iyyah was

initiated and founded by KH. Raden As'ad Syamsul

Arifin in 1990. The aim was to become a center of

fiqh studies to answer legal issues that occurred in

the community while getting less and less scarce

fiqh experts in his day. In 2018 Ma'had Aly

Salafiyah Syafi'iyyah has been 28 years old and has

graduated from the fourth generation. Since 2015

Ma'had Aly Salafiyah Syafi'iyyah has obtained the

establishment permit of ma'had aly from the

Ministry of Religion with the takhasus fiqh and

ushul fiqh.

Through the takhasus fiqh and ushul fiqh,

Ma'had Aly Salafiyah Syafi'iyyah conducted a

methodological study of fiqh to answer various

contemporary issues of Islamic law. Ma'had Aly

Salafiyah Syafi'iyyah takes ushul fiqh as an

epistemology in an effort to provide a presmis to be

applied in a crucial mechanism for making Islamic

legal decisions. So far, Islamic boarding schools in

general position ushul fiqh as a legal theory that is

not parallel with the material of fiqh itself. The

increasing challenges that emerged in the

community made Ma'had Aly Salafiyah Syafi'iyyah

review the academic design that made istinbat

methodology as the basis for the study of fiqh.

From the aspect of curriculum, there were

interesting developments that took place in Ma'had

Aly Salafiyah Syafi'iyyah in determining the

curriculum of takhasus fiqh and ushul fiqh. The

material of ushul fiqh gets a larger portion of

methodological studies or the process of taking legal

terms of fiqh rather than the fiqh product itself.

Another thing, fiqh products are also prioritized on

the latest realities that occur in society such as fiqh

legislation, modern economic fiqh and others. While

classical fiqh is positioned as a theoretical

foundation for developing solutions to various legal

issues by using the approach of the istinbat

methodology or the science of ushul fiqh. Thus, the

composition of the curriculum takes into account the

real needs of the community according to the current

level of development.

Ma'had Aly Salafiyah Syafi'iyyah also developed

the study of fiqh through extra-curricular activities,

namely developing al-bahth al-masa’il (problems

and solutions) by gathering various fiqh issues faced

by the community then analyzed and formulated in

the mechanism of finding a solution to the problem.

The discussion of the issue of fiqh was then

integrated with the publication of a weekly journal

called Tanwirul Afkar which was worked on by

ma'had aly students. Reports on the results of studies

and analyzes of various fiqh issues are published in

the journal. To spread the results of fiqh studies, the

accumulation of Tanwirul Afkar's publications has

been collected in book form and published by

several national publishers. The first book was

published by LKiS Jogjakarta (2000) entitled Fiqh

Masyarakat, the second book entitled Fiqh Reality

and the third book Fiqh Now.

From the aspect of research, the research on fiqh

and ushul fiqh developed is with a historical analysis

approach because fiqh as a product of ijtihad is born

according to the context of the reality of the

surrounding community. So, the longer literature on

the history of law making is the most sought

reference to establish legal conditions for the current

problem. This is what is very much considered in the

research of fiqh and ushul fiqh is that every

determination of law must be in accordance with the

intent and purpose of shari’ah. With this research

design, the resulting legal product is beneficial for

the community both for the purpose of life in the

world and the hereafter.

4.2 Development of Fiqh Studies in

Ma'had Aly Al-Hikamus Salafiyah

Babakan Ciwaringin Cirebon

Geographically, Ma'had Aly Al-Hikamus

Salafiyah is at the Babakan Ciwaringin Islamic

Boarding School in Cirebon, West Java. Ma'had Aly

was founded in 1998, by the caretakers of the

Babakan Ciwaringin Islamic Boarding School in

Cirebon, which was driven by KH. Amrin Hannan,

KH. Syaerozie Abdurrohim and KH. Makhtum

Hannan. Among its founding goals is to become the

highest level of the tafaqquh fi al-din program (fiqh

study) for the sons and daughters of the Babakan

Ciwaringin Islamic boarding school, as well as the

regeneration of religious leaders (ulama) who are

expected to be able to answer the legal problems of

fiqh in the community.

Entering 2018, Ma'had Aly Al-Hikamus

Salafiyah is 20 years old and has graduated from the

third generation. Ma'had Aly Al-Hikamus Salafiyah

since 2015 has obtained operational permits from the

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Ministry of Religion of the Republic of Indonesia

with takhasus fiqh and ushul fiqh distinction of

maqasid syari'ah (sharia purposes).

Regarding the curriculum, there is a difference in

Ma'had Aly Al-Hikamus Salafiyah compared to

other ma'had aly, where the determination of the

curriculum of takhasus fiqh and ushul fiqh is

emphasized on the aspect of al-maqasid al-shari'ah.

The material of ushul fiqh with al-maqasid al-

shari'ah nuance gets a larger portion of the

methodology of istinbath or istidlal.

In terms of research, the method developed in

research on fiqh and ushul fiqh uses historical

analysis. This method is used because the results of

the previous ulama's ijtihad in attracting Shari'ah

laws cannot be separated from the situation or social

background that developed at that time. For this

reason the material taught in Ma'had Aly Al-

Hikamus Salafiyah includes sociology given in 4

credits in semester 1 and 2.

5 DISCUSSION OF FINDINGS

5.1 Epistemological Aspects

In an effort to develop the scientific development

of fiqh, Ma'had Aly Salafiyah Syafi'iyyah and Al-

Hikamus Salafiyah have the same concept in

formulating the development of Islamic law,

namely, first of all making fiqh and the science of

ushul fiqh as a unity that must be understood

simultaneously in formulating a law specifically

related to a present problem. Fiqh and ushul fiqh are

not seen separately so that the understanding of

ma’had aly students will be more profound about

something Islamic laws and understand the historical

and social background that influence the formation

of the birth of Islamic law with reason because fiqh

as a product of ijtihad is born in accordance with the

context of the reality of the surrounding community.

Second, fiqh and ushul fiqh are understood from the

point of view of al-maqasid al-shari'ah so that the

legal products produced are relevant and beneficial

to people's daily lives.

5.2 Curriculum Aspects

The portion of the curriculum developed in

Ma'had Aly Salafiyah Syafi'iyyah and Al-Hikamus

Salafiyah is emphasized more on strengthening the

ushul fiqh than on fiqh itself, the material of ushul

fiqh is greater than fiqh material. However, the

material of ushul fiqh with the maqasid shari'ah

nuance in Ma'had Aly Al-Hikamus Salafiyah

received a greater portion of the study of the

methodology of beristinbat or later than what was

done in Ma'had Aly Salafiyah Syafi'iyyah.

Al-Bahth al-masa’il is an extra curricular activity

in order to train and hone fiqh knowledge for ma’had

a;y students in Ma'had Aly Salafiyah Syafi'iyyah and

Al-Hikamus Salafiyah. By collecting various fiqh

issues faced by the community then analyzed and

formulated in the mechanism of finding a way out of

the problem.

5.3 Publication Aspects

Both Ma'had Aly Salafiyah Syafi'iyyah and Al-

Hikamus Salafiyah publish a periodic bulletin as a

medium that accommodates various Islamic legal

decisions resulting from the al-bahth al-masai’l

forum. If in Ma'had Aly Salafiyah Syafi'iyyah

publishes a bulletin of Tanwirul Afkar, Ma'had Aly

Al-Hikamus Salafiyah publishes Maqosiduna for

weekly and Salafuna for quarter. but Ma'had Aly

Salafiyah Syafi'iyyah has succeeded in publishing a

book which is a collection of writings in Tanwirul

Afkar namely entitled 1) Fiqh Society, 2) Fiqh

Reality and 3) Fiqh Now.

6 CONCLUSIONS

Based on the results of the research discussed

above, it can be concluded that the development

trend of fiqh ma'had aly is studied by studying fiqh

and ushul fiqh simultaneously and emphasizing the

point of view of al-maqasid al-shari'ah. With a

pattern like this, research on the issue of Islamic law

uses historical analysis methods so that the context

that underlies Islamic law is made known. The

material of ushul fiqh becomes dominantly studied

in ma'had aly so that ma’had aly students is able to

formulate Islamic law in accordance with the current

context. The forum on social affairs and scientific

publications became a force and had a major impact

on the scientific development of fiqh in ma'had aly.

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