ISLAMICA: Jurnal Studi Keislaman
Vol. 4 No. 2 (2010): Maret

Evolusi Sharī'ah dan Wacana Fiqih

Abu Yasid (Institut Agama Islam Ibrahimy Situbondo)



Article Info

Publish Date
01 Mar 2010

Abstract

Sharī'ah has always been deemed as an integral part of Muslims life. As a binding and commanding divine law, Sharī'ah has in other words been internalized in the being and existence of Muslims through their obedience and regular practice. The question that this paper tries to answer is whether Sharī'ah is divine and transcendent, or is it evolving from being transcendent to becoming mere ideas and legal dictum of the ulama? To delve into this question the paper begins by saying that any legal formulation does stem from observation of social reality. Given the changing nature of social reality ?we argue- the product of legal extrapolation does exhibit some form of evolution. We further argue that so long as the heart of the divine law is human interest (maṣlaṣah) both worldly and heavenly, harī'ah cannot escape from the law of evolution considering that the interest of the vast span of humanity differs from one setting to another. That is why many jurists speak of the Maqasid al-Sharī'ah (the aims of harī'ah) implying that harī'ah does evolve given the multiplicity of these aims. Simply speaking, the paper is directed toward proving that harī'ah cannot be seen as stagnant and that it is subjected?like any other forms of knowledge?to the law of evolution.

Copyrights © 2010






Journal Info

Abbrev

islamica

Publisher

Subject

Religion Education

Description

ISLAMICA: Journal of Islamic Studies is a biannually published journal in March and September. It covers various issues on the Islamic studies within such number of fields as Islamic education, Islamic thought, Islamic law, political Islam, and Islamic economics from social and cultural ...