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.

Yusdani. Menuju Fiqh Keluarga Progresif. Yogyakarta: KAUKABA, 2011.


[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,..


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