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All Journal ISLAMICA: Jurnal Studi Keislaman International Journal Ihya' 'Ulum al-Din
Tholkhatul Khoir
Universitas Islam Negeri Walisongo Semarang
Religion Arts Humanities Education

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Determinasi Eksistensial Pemikiran Hukum Islam Abdullahi Ahmed An-Na`im Tholkhatul Khoir
Islamica: Jurnal Studi Keislaman Vol. 9 No. 1 (2014): September
Publisher : Postgraduate Studies of Universitas Islam Negeri Sunan Ampel Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (428.377 KB) | DOI: 10.15642/islamica.2014.9.1.110-135

Abstract

This article deals with the Islamic legal thought of Abdullahi Ahmed an-Naim from the sociology of knowledge approach. According to this approach, knowledge (including religious interpretation and practices) is sociologically, economically and politically determined. This article aims to understand how an-Naim's Islamic legal thought is determined by his existence within social reality. This article concludes that an-Naim's thought is determined by (1) socio-political and legal reality in Sudan, (2) Mahmoud Mohamed Taha who influenced his ideas, (3) British milieu, and (4) American environment which is politically secular, Islamo-phobic, racist, discriminative and intolerant towards Afro-Americans. The maturity of an-Na?im?s thought is particularly influenced by the history of British colonialism in Sudan and his academic training in England, a place where human rights discourse develops as the result of post-enlightenment humanism and some major revolutions in Europe.
Pros and Cons of Separation between Maqāṣid and Uṣūl al-Fiqh (A Study of The Periodization of Maqāṣid History and Responses to Its Independence) Tholkhatul Khoir
International Journal Ihya' 'Ulum al-Din Vol 25, No 2 (2023)
Publisher : Universitas Islam Negeri Walisongo Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/ihya.25.2.18463

Abstract

Interests related to human needs always invite the possibility of the birth of new knowledge. However, if it differs from previous beliefs and ideologies, the findings from the embryonic new knowledge research should be addressed. Currently, the maqāṣid has become the most popular research theme in the field of Islamic legal theory and eclipsed uṣūl al-fiqh was facing such challenges. This article explores the evidence for the pros and cons of the separation between maqāṣid and uṣūl al-fiqh, explains the causes, and predicts the implications. Data was obtained from secondary sources in the form of maqāṣid and uṣūl al-fiqh works, both in the form of books, book reviews, journal articles, and dissertations, obtained from the web and libraries, and then analyzed using content analysis. This paper finds that there are indeed pros and cons of separating maqāṣid and uṣūl al-fiqh. The evidence is: first, there are differences in periodizing the development of maqāṣid; and second, there are differences in responses to efforts to make maqāṣid an independent knowledge. The pros and cons are triggered by differences of opinion regarding the theory of ratiocination, the method of istiqrā', and accusations of utilitarianism. These pros and cons can have implications: positive, because in turn, the Islamic law reform project can be handled more comprehensively, or negative, if the scholars get caught up and struggle with the debate until they forget to respond to real contemporary issues.
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