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All Journal INOVATIF: Jurnal Penelitian Pendidikan, Agama, dan Kebudayaan
Adib Hamzawi
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Religion Education Social Sciences

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Elastisitas Hukum Islam; Kajian Teori Double Movement Fazlur Rahman Adib Hamzawi
INOVATIF: Jurnal Penelitian Pendidikan, Agama, dan Kebudayaan Vol. 2 No. 2 (2016): September 2016
Publisher : LPPM IAI Hasanuddin Pare-Kediri

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Abstract

Muslims believe that the whole movement of his life step should be within the framework of the religious syari’ah. There can be no speech, movement, and even empty thinking from the rule of Islamic law or fiqh. In the midst of dynamic human life movements, of course, fiqih as a living truth rail should not be believed to be absolute. From this perspective, there is often an ambiguity of the status of fiqh in the midst of Muslims. On the one hand fiqh as shari'ah law is recognized as a universal and eternal divine message. On the other hand, fiqh is the product of intellectual work of Mujtahid. The formulation of jurisprudence is bound by methodology, scope and time, so fiqh should not be considered rigid and sustainable in the ages. In the end, two opposing currents emerge in Islamic legal thought. The first stream was pioneered by a traditionalist thinker group that holds a conservative legal footing. While the second stream pioneered Muslim thinkers who are educated in Europe and have a liberal style. The differences between the two groups stem from how to understand the Qur'anic texts as the primary reference of Islamic law. It was at this moment that a Muslim thinker named Fazlur Rahman with his neomodernism emerged. He tried to find the intersection between the two poles of thought through his monumental theory, double movement.
Qawaid Ushuliah & Qawaid Fiqhiyah (Melacak Konstruksi Metodologi Istinbath al-Ahkam) Adib Hamzawi
INOVATIF: Jurnal Penelitian Pendidikan, Agama, dan Kebudayaan Vol. 2 No. 2 (2016): September 2016
Publisher : LPPM IAI Hasanuddin Pare-Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (499.706 KB)

Abstract

Fiqh as the frame of life of Muslims to always walk in the rails of truth in the name of religion is a product ijtihad. As a product, there must be a manhaj or methodology and a set of rules used to construct it. For some Islamic law scholars, the rules governing the process of reasoning and the formulation of fiqh (istinbath al-ahkam) are often satisfied in the standard rules of usul fiqh and qawaid fiqh. Rarely there is a deeper scrutinize from which the rules contained in usul and qawaid fiqh are derived. Yet as a rule, there are certainly the basics that serve as guidelines for the preparation. Ushul fiqih and qawaid fiqih are built on the basis named ushuliyah rules and fiqhiyyah rules. Through the literature review, this paper examines the origins of the preparation of the rules that today have been recognized as the methodology of istimbath al-ahkam. So that Muslims understand how a legal product fiqih is processed from base to end. In addition, a qualified understanding of the construction of the birth of a methodology will lead to the birth of fiqh as a more academically recognized endowed product of idealistic academics.
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