HERMENEUTIKA M. ˋĀBED AL-JĀBIRĪ DAN IMPLIKASINYA TERHADAP HUKUM ISLAM (Kasus Nasakh dan Nikah Mutˋah)

Yahya, Mohamad

As-Salam: Jurnal Studi Hukum Islam & Pendidikan
Vol 1, No 1 (2012): DINAMIKA PENDIDIKAN & PENEGAKAN HUKUM DI INDONESIA

Al-Jābirī’s hermeneutics and its implications for Islamic law is topic of thisarticle. Framework thinking of al-Jābirī’s hermeneutics was constructed onthe basis of two principles, al-faṣl and al-waṣl. Al-faṣl principle was appliedby using three approaches; structural analysis, historical criticism, andideological criticism, while the principle of al-waṣl using mathematicalintuitionapproach. He had applied that methodological construction in theinterpretation of the Qur’an, as the source of all sources of Islamic law. Theimplication is reconstruction, and even deconstruction, of various theoriesand themes of Islamic law. Theoretically, one of which is about nasakh. Forhim, no nasakh in the Qur’an, except human’s understanding about lawis changed. While thematically, one of which is mutˋah. As a consequenceof the absence nasakh in the Qur’an, for him mutˋah remain in force if thecondition and the situation requires.Keywords: Al-Jā􀇉birī􀇉, hermeneutika, nasakh, dan mutˋah.