SOCIAL FIQH - KH. MA. SAHAL MAHFUDH
Oleh: Krisnanda
KH. MA. Sahal Mahfudh was born in the village of Kajen, Margoyoso Starch on December 17, 1937. He is the Chairman of the Indonesian Ulema Council and Rais Aam Board of Nahdlatul Ulama, was born with the name of Muhammad Ahmad ibn Sahal bin Mahfudh Abd Salam Alhajaini of Kyai pair Abd bin Mahfudh Greetings Alhafidz and Hj Badi'ah. KH.
The Background of SOCIAL
FIQH
Basically the development of social,
political, economic, and culture in Indonesia is growing
so fast, that is
not there by itself, but there is an ongoing process of signification.[1] According to social developments occurring
in society today,
there is a reality
that is difficult to remove, which is a mixture of fiqh
with applicable local
culture. This gives rise to social problems in adjusting
fiqh to the social
character of society in a
particular place.
In the above problems causing
anxiety for Indonesian
clerics in finding
an alternative fiqh
law the more flexible and contextual. Fiqh
who originally brought by the Prophet, then
forwarded by sahabat,
tabiin, and then
the clerics still feel so stiff and not in accordance with
certain social and cultural conditions. The tradition of the Prophet, followed by sahabat have found a new term that is fiqh sahabat.
Fiqh sahabat get a very important
position in the treasures
of Islamic thought.
Sahabat those who met the
Prophet and died as a Muslim. Muslims
know the hadith
of the Prophet, so they also inherited differences
of opinion among Muslims.
Hadith is the second
source of Islamic law after al-Qur`an which
serves as the legal amplifier of events that have been set out in al-Qur`an.[2] Era sahabat are
era after the expiration of tasyri`. This is the first embryonic science
of fiqh. If at era the tasyri the people verifies an understanding of his religion or terminate of differences with reference to the
Prophet, then at the era of sahabat
the reference that is his-self. While it, the expansion of the rule of Islam and the interaction between
Islam and other civilizations
create new problems. And sahabat responded to the situation
by developing his understanding.
Islam formulate that life
is a message that should be used to
achieve the welfare of the world and the
hereafter.[3] The accomplishment of Requirement spirituality clearly
become the main goal,
because happiness hereafter permanent can
be realized only when people
are able to meet the needs of his spiritual. But at the same, humans are
faced with the fact that he should be subject to a binding legal life of his world today. So the life of the world that fully is temporary
and virtual So the life of the world is
temporary and virtual fully connected integrative
and causative with
happiness hereafter, the eternal and essential. Although briefly
looked contradictive. Actually, there is nothing strange in this case,
because the hereafter only provides a way for the achievement of lives.[4]
on with it, we find
fiqh that guides most practical life
in Islam, which discusses
four key aspects of
human life. One of them is the problem Ubudiah,
namely the direct care of the transcendental relationship of man with
his Creator, while three others take care of aspects of life that have a direct correlation with
the management of material and social life worldly,
namely mu`amalah, munahakah, and jinayah.
The Fundamental Problems
The problem is, can it be done, given the
already rooted patterns
of thought and behavior of non-fiqh
in society ?. Certainly an exaggeration to regard this doubt with absolute optimism, one
thing naive as to give an answer that
completely negative, because the business of
society returns to fiqh or otherwise
based on the
current conditions, expand the process to be very
long and tiring.
The first time and very urgent that done in the framework it is changing the social insight about fiqh completely and thoroughly, not only to the common people but also to groups who feel have been able
to understand fiqh correctly. Disadvantages last group in position fiqh merely as a codification or
Islamic law compilation. Islamic law is essentially the various
provisions of God
concerning the living arrangements of individuals, families, society and
countries, then developed
through a systematic
way of thinking called Ijtihad.[5] In view of this group,
fiqh is a compilation
of laws that seem stiff. Because
understanding on the assumption that the fiqh as
strong and sacredness with al-Qur`an or Hadith.[6] A view that not only disproportionate
to the fiqh itself, even according
to the decree of Allah and the Sunnah of
the Prophet as a source of law
is fully universal.
There is an understanding of the
distance between these groups with common
people, where they view that fiqh merely
as a normative order, the two are the same philosophy of understanding
the potential in the process of alienation fiqh from society at large.[7] namely that fiqh is something that
textual, static, and
because it is not
possible with the times. In fact, by understanding the definition
as sharia law
amaliah knowledge extracted from the
instructions that are not globally.
Definition of fiqh as something dug up, causing the
understanding that fiqh
was born through a series of processes before finally declared as
a practical law. In general, the process we understand as ijtihad, which means
an attempt to
find the status and
legal certainty of
an events that never happened before or there
is no law provision. For example, the power of the al-a`immah ijtihad, al-arba`ah (Hanafi,
Maliki, Syafi`i, and
Hanbali). Although each get a different result, but still able to defeat honor and respect
each other's opinion without causing any
specific conflict.
Imam Shafi'i is an
interesting example, in addition
to his capacity as a direct disciple of Imam Malik
(the conservative mindset, disagreements between
the two unimaginable), as well
as Imam Syafi`i
released a new opinion
on some issues
that had previously been ijtihad. Imam Syafi`i also pioneered
research methods (istiqra`)
to bear the legal rulings, as mentioned various
books of fiqh in the discussion of menstruation (menstruation).
Various it, though specific,
Shafi'i at least be
able to open the absence of thought during this
causes people deprived of fiqh, namely
fiqh is something
that is realistic and dynamic, according
to the character of the process
of ijtihad. This ideal insight that
in time will be able
to optimize, maximize, and actualize the
potential of fiqh as
the values, attitudes, and social life that continues to grow. Thus, it can be expected fiqh will color the various dimensions of public
life.
Without it, most likely fiqh will only be
a reference in the aspect of
`ubudiyyah an-sich or left behind just
as the footsteps of history.[8] Because while fiqh walked a past, dynamic society willing or not, will be swept change.
Although apparently not always severe,
refer fiqh only on one aspect,
is essentially a reflection of the inability to trust fiqh
as a whole. Because if one of its aspects is
doubtful, not other aspects will also be questioned
?.
Social change in line with multi-story
development expert system technology and
economics, as well as the progress of other aspects of life, demands a spiritual
guide who has
a close relevance and attached to the
real problems that will continue to appear
along with the necessity of
the development of culture and value
systems. If fiqh fail to serve the basic needs of this dynamic contextual
approach, it is certain that mankind will be
deprived of the transcendental value which in turn
will bring character
and secular attitudes.
In fact, as has
been widely demonstrated in the
society who first
experienced it, there is no intrinsic welfare that
can be achieved in
such a character and
attitude.
In this context, the rhetoric which questioned
the feasibility of community service to the community aam fiqh,
the conditions which must follow the fiqh,
or otherwise, will lose its relevance, but because he himself is not entirely raw, except in some
special way. Fiqh in its
mission as the demands of life, to be able to
bind society in
all aspects, in order to achieve the
use of Islam as a guide to life Kaffah.[9]
In the case of contemporary Indonesia, the rapid development
of it is determined by the state. Excessive state position and
overall it puts
religion is under the shadow - the shadow
of state control. This is of course
very surprising religion,
because theoretically the country that should
be under the shadow - the shadow of a religious state was laid parallel.
In a sense they
both have their own territory
- their own
- each individual
should not intervene. When the last concession
was only unenforceable,
then that ensues
is not uncommon
ongoing clash violently.
Countries trying to embrace the religious sphere, faced with the absolute religion
as a representation of immortality.
The entry point for a paradigm shift
in the Nahdlatul
Ulama fiqh among others, is a
re-interpretation in reviewing the
text fiqh to find a new context. This
road opens up many possible
interpretations of "the text" old fiqh in
solving a new problem. For example, a break through for the controversy about
family planning, bank, including into the
legality of the nation-state modern. Acceptance of Pancasila is within the framework of "breakthrough" this model. These models benefit from
reality fiqh texts very plural.
Text fiqh derivative of
Sharia (Syafi`iyah) often opens
several options in deciding a legal.
The Methodology of SOCIAL FIQH
1.
Islamic law (fiqh) As
Science
Islamic jurists (fuqahah) defines fiqh in the two
sides of the fiqh as a science
and fiqh, as a result, the science.[10] Islamic law as a science
is defined as the
science of law to seek the birth of syara` amali of detailed
proposition. Islamic law as evidenced by
the characteristics of scientific
knowledge namely that
Islamic law (1)
resulting from the accumulation of knowledge that is composed by certain
principles, (2) knowledge
is summarized in a unified system, and (3) has a specific method.[11]
Knowledge in Islamic law includes
knowledge about the fair, commands, prohibitions,
and others. Knowledge accumulated knowledge in
Islamic law through
certain principles until compiled well.
The principle is for
example the principle of gradual
tasyri` least syara` demands, and
negate had difficulties. The knowledge that can be accumulated
and was well
prepared for any
knowledge of each other functionally related to each other in a certain system.[12]
Further characteristics of Islamic law as a science is the existence of a particular method
in Islamic law.[13] The method is contained in the proposal and qawa`id fiqhiyah
fiqh and its
operations include;
1. The deductive method, the method of
drawing conclusions specially (micro) of the general
proposition. This method is used to describe
or interpret the
arguments of al-Qu`an and Hadith to be a
problem proposal fiqh.[14]
2. The inductive
method (istiqra`i),
the method of making general conclusions resulting from the special
fact. Conclusion of law in
question is a problem that does not mention the details of the
provisions in the passage la-Qur'an and Hadith.
For example, to find
a water capacity that determines the length of time of menstruation for women, and so forth. This
method has been done by Imam Syafi`i in
determining the law of the time
from the longest to
the shortest period. Imam Syafi`i does research
on some of the women in Egypt. The study obtained
data about the length of the menstrual diversity, meaning
that the women studied had
different experiences in the menstrual period.
The conclusion from this is the shortest time in
menstruation is day
and night, while the longest is fifteen-day / overnight.
If over the
longest period this means not menstruation,
except for istihadah. Conclusion This Syafi`i
required of the
normal curve data processing
in which a short time
and long time
showed a relatively small amount, while
Galib (ordinary) shows a large number of
respondents. This inductive tmethod is widely used by the fuqahah
ahlu al-ra`yi
(rationalist).[15]
3.
Genetic Method (takwini),
namely search methods titi prey in southern knowing rear
publication and quality
nas (Hadith). This method is the background and the quality of the
publication nas occurrence
or occurrence historical
look problems are solved by the passage or
passages concerned about the quality
of narration (Hadith). Therefore, this method
uses historical approach
(historical approach). This method is commonly used by scholars expert in
researching Hadith status in terms of history and
dirayat. For fuqahah this method
was performed to determine the law
against something of a problem by looking at the background of the passage of the
decline of the Koran passages
known as al-nuzul asbab, and
in the passage known as the Hadith al-wurud
asbab. Thus pillar
to determine the
authority of Hadith by
considering the arguments of quality.
For example, an authentic hadith,
weak, hasan, and others.
4.
The
method of dialectics (jadali), which is a method that uses reasoning
that is the thesis and anti-thesis. Both
standards are then discussed
with the principles of logic to derive conclusions. This method is also commonly used analogy
approach (qiayas) and arguments (illat),
the formula principles, and includes consideration
purposes. The jurists
use this method
to determine the
law against something physical
problems not mentioned in particular the reference. For example, the determination of zakat profession, fisheries, poultry, and
others.[16]
Of the characteristics of the
science fiqh as mentioned above shows that
any issued from
fiqh is a
product of reasoning (ijtihad) which also means accepting the consequences are:
1.
Fiqh as a science is skeptical.
Scevtition fiqh as a science means that
the statement or decision resulting from
fiqh through methods and approaches
are only worth zhani (not absolute). Meaning of
capacity zhani is true zhani,
which is a truth that
is generated from the struggle, the struggle is
called ijtihad.
2.
Fiqh as science is willing
to be tested and
reviewed. Scevtition fiqh gives the
opportunity to be re-examined.
Thus, the conclusions fiqh willing to
be tested. For example, the review of the fiqh
conclusions produced by the method istiqra`i (inductive) that have been done by the priest Syafi`i
in determining the length of time of menstruation for women. There is a possibility
of generalization al-Syafi`i against all women
based sample of Egyptian
women are not appropriate
because genetic physical and human in this world
is not the same, what more if biotechnology intervene. Consequently, the possibility of a sample of the
enactment can is
impossible.[17] Therefore, it remains a chance against
this problem for
testing. Similarly, the conclusions resulting from the method of qiyas willing to be
re-examined because qiyas
centered on relative criteria categories.[18]
3.
Fiqh as a science, not immune to criticism.[19] Consequences that says that the results of the study or method of fiqh
is not immune to criticism. That is the determination
of the methods and specific approach to a problem and
the specific reasons for the decision
(natijah) open to
criticism. Efforts of this
criticism can be by
a comparative study schools, Legal
Affairs Committee, and tashih.
The consequence was
that indicate that
a fiqh thought
could be true, but there is the possibility of wrong. To the right
and wrong is
possible, which gives them the opportunity to do criticism.
If an opinion of
fiqh feel completely
subjective means of
subjective judgment is reasonable.[20] When if statement in the opinion that
there is the possibility of.
Fiqh was not meant to be generalized in a country.[21] Fiqh is also not intended
to be used in the
future or a certain
period. In the absence of this, the effective period of fiqh tend to be
considered to be valid for all times by some people then
that is not considered
as a undeveloped.[22] Fiqh also has other characteristics.
Nature of fiqh thorough and covers all
aspects of the discussion of Islamic law.[23] As a result of this comprehensive nature of the repair or revision of some of the contents of fiqh can or
will use the perceived
integrity of the overall content.
Because it all
again fiqh tends to be resistant
to change.
If at this time the
ideal goal has
not been achieved, One-sidedness certainly
been the case in practice.
That means that people have left the overall
fiqh or do
not understand it together. It
could be also both run concurrently, depending on educational background and their communities. What
is happening is the result of
people's unfamiliarity fiqh. The main factor
of the birth of this condition, it must be acknowledged honestly did not occur
due to the inability
to adjust to a
religious society with ideal conditions expected. Which of course can be
realized through fiqh. Therefore, it becomes the responsibility
for these groups
to develop society
with fiqh.
2.
The Contextual Fiqh
In Islam there are two fundamental issues, namely faith and syari`at.
Creed is the belief that arise in the human
heart and can not be forged.
While syari`at is it that regulates the life of a Muslim man a days, including
in his matter of
worship. Fiqh as a reflection syari`at,
has four principal
components of teaching, namely `Ubudiah, mu`amalah,
munakahah, and jinayah.
Between faith and worship
of amaliah have strong correlation and
can not be separated. In other words, deeds is
a manifestation of faith. Strong and
weak or thick
and thin of one's
faith, can be measured from the intensity of worship.
To what extent did he worship, that's where the size of the outward faith. This
is a necessary starting
point in which time we will classify into groups
or non-moslem believer.
Without proof it
did not make
sense. The evidence is none other than charity worship, in a state of joy
and sorrow, or in circumstances
which, however their.
Regarding the relationship between faith and worship
of amaliah, can also be seen from the
importance of the intention to worship. As living beings, humans every
moment of doing
something, or in boarding
schools, do amaliah
ordinary people into worship, or not be anything at all.
In other words, the charity was not worth more,
which can distinguish
between amaliah worship and regular
amaliah.
Whether a amaliah including
worship or not,
is determined by one's
motives or intentions
that run. Something will be worship when accompanied by the
intention of worship. Vice versa.
Thus, worship in
essence has a broad scope and
fundamental to every aspect of life and living. The Prophet said, "All the charity depends on the
motives and intentions.”
Among scholars, this hadith is disputed interpretation. According to Imam
Abu Hanifah, the hadith, understanding, intention is a charitable person's
condition. While Imam Syafi`i argues, the intention is the pillar of amaliah.
According to al-ulama` jumhur, opinions Syafi`i stronger hold onto.
The difference between the pillar and the terms can be found in many books
of fiqh. It has certain consequences, along with differences in the
definition of the terms and pillars in worship. By definition, the requirement
is something that can deny something condited. If the condition was
not realized. However, the condition does not become a form of whether or not
al-masrut, although these conditions form.
While the pillars are an integral part and parcel of a worship. Thus, the
opinion of Abu Hanifa was the faint of what if just put faith as a condition of
a charity. This description uphold the link between faith (faith) and deeds.
Worship is divided into two kinds, namely useful for personal and for
others (society). Before increase amaliah worship, someone needs to
increase faith and belief in God a form of commandments and prohibitions, the
trust will be their reward, as well as the belief in the harness and faidah of amaliah
worship.
In the context of
the existing sosisal, syari`at teachings contained
in fiqh as seen not in line with
the form of daily life. This is essentially due
to the overly formalistic view of fiqh. The
point of life is increasingly
days tends to be
theological, be compared
with the concept of legal formalism offered
by fiqh.
Law should be understood as
a reflection of the values that
are believed to be institutions in public life. This means
proper legal charge
and capture the
aspirations of society who
grow and develop, not only are in the present, but also politics
in the future. This
reasoning shows that Islamic law is not just a static norm that
promotes certainty and order,
thought and manipulate people's behavior in the his pursuit.
Development of
Islamic law in
the future will be greatly influenced how
Islamic law was
developed with the philosophy of
science framework. Study of
Islamic law with broad
horizons mtlak required.
The study of philosophy of Islamic
law is an important factor for the introduction of Islamic law in depth,
opener troubleshooting Islamic law to be applied in society with diverse
cultural backgrounds study of comparative law is a vital aspect in depth study of Islamic
law.[24] To develop thinking
and study of
Islamic law in public life
in the future, especially
in the context of the preparation
of legislation in the field of family law in Muslim countries. Besides
normative studies over the years, it is time and very urgent for the Islamic legal
experts consider studies and Islamic legal
thought within the framework of sociology
with a social history
approach.[25]
The definition of the framework is
to study sociology
and Islamic legal
thought studying the social,
political, and cultural
background of the birth of a product of the
Islamic law on
society. While the approach of social
history in the thought and
study of Islamic law
is that every
product of Islamic legal thought is basically the result of interaction between the
legal thinker with
the socio-cultural environment or surrounding socio-political.
Therefore, the production of thinking depends environment.[26]
Thus it is clear that Islamic law
let be understood as an effort, the result of the interaction of translation doctrine of revelation and response to the question of Muslim jurists socio-political,
socio-cultural faces. Therefore, if Islamic
law is no longer responsive to the
people issues that arise because of the
changing times, the Islamic
law should be revised,
updated, and even be replaced with a new
Islamic law.[27]
Theology here not only in the sense of monotheism which is proof to the
oneness of God, except
theology in the sense view of life which became
the starting point of all activities of Muslims. Yet behind it,
assuming formalistic against poorer fiqh
will be able excluded
by the nature of fiqh
itself.
3. Intersection Text and Reality [28]
Text intersection with reality
has its own meaning
because the text is
born not in empty space. In Contrast. It always comes as
a growing reality context. Of course, the
text in this case has a broad meaning of
paragraph dictum concerning
integrated with the
context of the historical experience
of mankind. The fact of history also shows
the integral dialogue
between the text
of the Koran, the Hadith texts and the reality
society.
The integration of text
and context of this reality needs to be elaborated as systematically as the
true law (syari`at) not born except for the context of livelihoods and maslahatan
to mankind throughout history. Nasr Hamid Abu Zayd, Liberal Egyptian Islamic
thinker, with take the words of Hadrat Ali RA've bases that al-Qur`an is the
text that is silent, only the man who made it alive and talking.[29]
On another occasion Abu Zayd Nasr suggests that the Islamic
civilization developed at this time
is the text civilization.
Once central position
so that the text and
develop basic civilization
and science. For
Nas Abu Zaid,
not a text that
can reframe the independence
of the birth of culture and science. Conversely,
cultural framework and reflection science can
only arise through
the long struggle of humanity with social
reality, in addition to human
debate within the
meaning of the text itself.[30]
The importance of the position of the text can not be understood that
the dimensions of context and reality can be
positioned in the inferior
level. In contrast, both the text and
the reality of having a complementary relationship in the process of finding a form of struggle maslahah
as the ending or final
destination Shari'a sacred teachings.
Contemporary Islamic jurists Prof. Dr.
Yusuf al- Qordhawi say fiqh that removing unneeded
by age is a must.[31] That is the issue that
does not happen again
in our time, such as a large number of laws relating to slavery. Problems like this are numerous, when we
read one chapter in
fiqh, both worship and mu`amalah,
will appear various
forms of other samples.
Fiqh should be related to the fact, explaining the lesson, do
not need to extend and discuss in detail
the law of al-mufawadhah, al-inan, al-Wujuh,
and the like are
exaggerated - exaggerated
in fiqh books. Or let it be done
in silence, in
the middle of the company's stock
issues, investment, stock market, and the
like that practiced by the people every day
in various Islamic
countries. In fact, contemporary fiqh should use the results of istinbath law jurists
are of a general nature, and rules relating to
the company that they
set in order to operate in
fiqh contemporary company.[32]
For example, the company expanded and more about the charity
livestock such as camels, goats and
cattle, including discussion of bintu makhadh,
bintu labun, and ignoring the company
zakat, alms factories, buildings, and
other investments, although in the city center industry and trade are camels and goats.
Another example, banking activities,
bussines securities, stock market, money
market, and other
types which Muslims
ask about the law
on the subject.[33]
Conclusion:
Status of the teachings of Islam as
a universal, in the sense that
can be implemented to protect human life
as a whole without being disturbed by
regional restrictions, only be sustained if
it can be
understood as the doctrine
that it is open.
In the Indonesian context, means that he must be able to demonstrate tolerance, as the most
sensible form in
the face of reality plurality
of the Indonesian nation, which it is unlikely to be addressed in addition to as sunatullah.
While the scale
into, he should
be able to harmonize the practical teachings
represented in the form of fiqh with patterns
of cultural and regional conditions, without losing their identity.
Patterns like this application, as
to which we understand from
history that is able to make people accept Islam
as a creed, without
having to painfully estranged
from their cultural roots that have been
raising and shaping
the character's personality.
The denial of this application pattern
will only usher
people out of the protection of religion. Even if there
is still a small group of people who
remained steadfast in his Islam, it is almost certain that they will sort out the dimensions of life, to be adjusted;
which should be fixed based on the
instructions of Islam, and
which ones should be the heart meaning dimension
must be addressed as a purely earthly life.
For this purpose all the
necessary efforts that led to the paradigmatic change in addressing the practical teaching of religion,
namely fiqh.[34]
Paradigmatic change in view of fiqh is indeed a necessity. Fiqh
is not only seen as a tool to measure ortodokai truth, but also to be
used as a basis for law syari`at to solve a variety of problems that
occur in the middle of the process of interaction between living things with
each other and the environment, most thinkers called is Fiqh Ecology.[35]
So fiqh has
a dual function, namely as
a tool to measure
the social reality with the ideal syari`at
that led to the law lawful or unlawful, and is not acceptable,
and at the same time at the same time become a tool of social engineering.
In the law it can be referred to as the double
function of law, namely law as a social control
function and the
function of the law as a social engineering.[36]
Both functions are only possible
fiqh realized if the products and
devices owned reasoning
fiqh developed contextually. Contextually fiqh approach can
be done through contextualization
fiqh products scattered in various
classical literatures, as a model of development madzhab qauli and madzhab
munhaji the way
development through the application of
rules of origin and
principle fiqhiyah fiqh,
as well as through the integration between `illat law and the law favors.
Methodological schools (madzhab manhaji)
social fiqh KH. Sahal Mahfudh
has an integrative character between text
and context, and have
in common with reality fiqh made by Abu
Yasid, namely: a)
mastery of the meaning and direction of the
text produced. The concept of
this understanding is important for the production of meaning that is born of an order not to shift from maqasid
al-Sharia namely
creating benefit of the people, b) observation of social
reality which refer to the
domicile of the mukallaf
either individually or in groups.
This observation is
important to limit the legal
product of the
reduction process and the benefit
of their own interests as it affects the legal justification tendentious, c) the
placement of the text's meaning to
reality. This placement course is flexible, meaning
that products based on the development of the law of social reality
that does not close
the possibility of shifting values
contained in Islamic law. Three elements deliver the
mujtahid to the responsibility of
operating in a legal action istidhlal
mechanism is needed, but also put a product in accordance
with the sociological ijtihad. With three
elements also indicate the character or
typology contained in social fiqh. Elements
such as the interpretation of the meaning of the text, the observation of social reality, and the
placement of text and reality
is a diligence
that must be done
by scholars or
Muslims in the contextualization
of a text.
Social fiqh category KH.
Sahal Mahfudh in
the book Shades of Social Fiqh explained that ijtihad is
a basic requirement for Muslims in
determining the legal cases
that are not contained in the text. Ijtihad is a tiered terminology
which includes; Mutlaq ijtihad, and ijtihad
muqayyad, or muntasib.
Ijtihad mutlaq is ijtihad a scholar in the field
of fiqh, not only explore new
law, but also
uses new methods and an original thinking. Ijtihad
KH. Sahal Mahfudh
has its own characteristics in excavating fiqh is
by using two methods: the textual "(Madzhab qauli) and
contextual (Madzhab manhaji). Updates fiqh
using textual method
implies that the fiqh can be realized by performing contextual yellow book or through
the development of rules of origin application examples fiqh and fiqh
rules. Yellow book studied at the school and
the yellow book is also a reference in deciding the case in the court
of religion.[37] The yellow book also
became the principal reference for establishing Islamic law when
the government formed a legal codification.[38] While the development and
renewal fiqh by using contextual namely
fiqh development can be done by means of
the review and development
of the theory masalik fiqh
al-`illah so
produced according to al-masalih al-ammah. With
both methods, the construction of
social fiqh developed KH. Sahal
Mahfudh has its
own character and value ideology namely
adaptability of Islamic law. Pesantren as
religious and scientific
base has a big
role in reconstructing and revitalizing contemporary
ijtihad.
Second, the social transformation through propaganda participatory
fiqh. In general propaganda that still is
to use partisipatif approach.
Not a technocratic approach. Approach that
emphasizes on solving problems together in a
particular group. The mechanism of these approaches also require monitoring systems
to get the latest reports. With the propaganda
of the participants, meaning that the
social fiqh can be accepted by the general
public with easy and not much opposition. Da'wah it also shows that the essence of
social fiqh contains syari`at which is large enough that the achievement maslahah or general welfare
is a priority. Citizens no longer be confused with
no law against
contemporary issues facing now.
Third, optinalisasi perantren role as
a central religious education and social
activities. Pesantren as educational institutions and teaching of Islam
has a unique teaching
system namely puts
a Kiai taught
to students based
on the books written in Arabic
of medieval scholars.
According to KH. Sahal
Mahfudh that yellow
book as a scientific reference for many
boarding schools should provide learning concepts
and approaches to ritual and social
issues. Learning with
munahazarah method is sought not just
to answer a problem,
but also considerated
the impact on other aspects.
Merger between textual
and contextual methods
performed KH. Sahal
Mahfudh specifically to respond to social and cultural issues.
Contextual education according to KH.
Sahal Mahfudh is
a conscious effort that formed the
character and behavior in a systematic, planned and directed. While social, as
encyclopedias means something related to society,
means of social problems
related to various the phenomenon of
life and the
lives of many. Both in terms of
macro individual and collective macro.
Social Fiqh by KH. Sahal
Mahfudh is one example
of fiqh that considers the integration of text and context
in the space to
the Islamization of Indonesia.
The birth of such social fiqh is actually a critique of the Muslim
society in general, and society in boarding
schools in particular. In the
form of normative social criticism because it is based on social case that occurred in
society and has a
special relationship with fiqh. During
this time, fiqh is still
fixated on the basis of a classic book that
has been made in
the Middle Ages. Surely it is
not the whole text
can be relevant to
the current context. It is necessary to tajdid to a tradition
of legal reference in maistream scope of
thought and action, especially in boarding schools. Existing tradition during namely
bahtsul masa`il should increasingly open
also to the entry of other sciences, as well
as general knowledge that if it can support the textual arguments.
The most prominent contribution to thinking of KH. Sahal Mahfudh is about
the social-contextual jurisprudence. The main concern is how jurisprudence continues to have a dynamic relationship with
the social conditions are constantly changing. In this regard,
KH. Sahal Mahfudh explored social jurisprudence of
the real struggle between "religious truth" and social reality
that is always lame. According to him, Jurisprudence always see the context
and dynamic reality.
Reference
Ka`bah, Rifyal. Hukum Islam Di Indonesia: Perspektif
Muhammadiyah dan NU. Jakarta: Universitas Yasri, 1998.
Mahfudh, Sahal. Nuansa Fiqh Sosial. Yogyakarta: LkiS, 2012.
MD, Mahfud., Tono, Sidik., dan Muttaqien, Dadan. Peradilan Agama
dan Kompilasi Hukum Islam dalam Tata Hukum Indonesia. Yogyakarta: UII
Press, 1993.
Mu`allim, Amir. Konfigurasi Pemikiran Hukum Islam/Amir
Mu`allim, Yusdani; editor, MB. Muhlison dan Sobirin Malian. Ed.1, cet. 2.
Yogyakarta: UII Press Indonesia, 1999, 2001.
Mustofa, dan Wahid, Abdul. Hukum Islam Kontemporer. Jakarta:
SINAR GRAFIKA, 2009.
Sirajuddin. Legislasi Hukum Islam di Indonesia,. Yogyakarta:
Pustaka Pelajar, 2008.
Soleh, Khudori. Fiqh Kontekstual (perspektif sufi-Falsafi).
Jilid. 7. Jakarta: PT. Pertja, 2000.
Tebba, Sudirman. (editor). Perkembangan Mutakhir Hukum Islam di
Asia Tenggara: Studi Kasus Hukum Keluarga dan Pengkodifikasiannya. Trj.
Hendro Prasetyo. Bandung: MIZAN, 1993.
Thalhah, dan Mufid, Achmad. Fiqh Ekologi menjaga Bumi Memahami
Makna Kitab Suci. Yogyakarta: Total Media. 2008.
Yasid, Abu (Editor). Fiqh Realitas respon Ma`had Aly Terhadap
Wacana Hukum Islam Kontemporer). Yogyakarta: Pustaka Pelajar, 2015.
[1] Sahal Mahfudh,
Nuansa Fiqh Sosial (Yogyakarta: LkiS, 2012), Cet. II, hlm. xi
[2] Sirajuddin. Legislasi
Hukum Islam di Indonesia,. Yogyakarta: Pustaka Pelajar, 2008. Page.103
[3] Sahal Mahfudh. Nuansa Fiqh Sosial. Yogyakarta: LkiS, 2012,
Page. xxvii
[4] Sahal Mahfudh.
Ibid,., Page. xxvii
[5] Rifyal Ka`bah.
Hukum Islam Di Indonesia: Perspektif Muhammadiyah dan NU. Jakarta:
Universitas Yasri, 1998. Page. 83
[6] Sahal Mahfudh, Ibid,.. page. xxix
[7] Sahal Mahfudh,. Ibid,.. page. xxx
[8] Ibid,.. page. xxxi
[9] Ibid,.. page. xxxii
[10] Amir Mu`allim. Konfigurasi Pemikiran Hukum
Islam/Amir Mu`allim, Yusdani; editor, MB. Muhlison dan Sobirin Malian. Ed.
1, cet. 2. Yogyakarta: UII Press Indonesia, 1999, 2001. Page. 29.
[11] Yusdani. Menuju Fiqh
Keluarga Progresif. Yogyakarta: KAUKABA, 2011.page. 5.
[12] Yusdani. Ibid,...
page. 6
[13] Ibid,...page. 6
[14] Ibid,...page. 6
[15] Amir Mu`allim. Konfigurasi Pemikiran Hukum
Islam/Amir Mu`allim, Yusdani; editor, MB. Muhlison dan Sobirin Malian. Ed.
1, cet. 2. Yogyakarta: UII Press Indonesia, 1999, 2001. Page.31
[16] Amir Mu`allim.
Ibid. Page. 32.
[17] Ibid,... page.
34
[18] Ibid,... page.
34
[19] Ibid,...
page. 32
[20] Ibid,... Page.
34
[21] Yusdani. Menuju Fiqh Keluarga Progresif. Yogyakarta:
KAUKABA, 2011. Page. 4
[22] Yusdani. Ibid,.. page. 4
[23] Ibid,... page.
4
[24] Mahfud MD,
dkk. Peradilan Agama dan Kompilasi Hukum Islam dalam Tata Hukum Indonesia.
Yogyakarta: UII Press, 1993. Page. 10.
[25] Yusdani. Menuju Fiqh Keluarga Progresif. Yogyakarta:
KAUKABA, 2011. page. 13
[26] Yusdani. Ibid,...
page. 13.
[27] Ibid,... page.
13
[28] Abu Yasid (Editor). Fiqh Realitas respon Ma`had Aly Terhadap
Wacana Hukum Islam Kontemporer). Yogyakarta: Pustaka Pelajar, 2015. Page.
ix.
[29] Abu Yasid. Ibid,...page. x
[30] Ibid,... page.
xi
[31] Mustofa, dan
Abdul Wahid. Hukum Islam Kontemporer.
Jakarta: SINAR GRAFIKA, 2009. Page. 80
[32] Mustofa, dan
Abdul Wahid. Ibid,... page. 80
[33] Ibid,...
[34] Sahal Mahfudh. Nuansa
Fiqh Sosial. Yogyakarta: LkiS, 2012. Page. liii
[35] Thalhah,
Fiqh Ekologi menjaga Bumi Memahami Makna Kitab Suci. Yogyakarta:
Total Media. 2008. Page. 248
[36] Sahal Mahfudh. Ibid,... page. liii
[37] Sudirman Tebba (editor). Perkembangan
Mutakhir Hukum Islam di Asia Tenggara: Studi Kasus Hukum Keluarga dan
Pengkodifikasiannya. Trj. Hendro Prasetyo. Bandung: MIZAN, 1993. Page. 20
[38] Ibid,..
Comments
Post a Comment
Thank You