Problematika Talfîq Mazhab dalam Penemuan Hukum Islam
Abstract: It has been commonly
argued that the Islamic law is ordained to address and preserve the interest of
men. The rules and values of Islamic law are therefore in accordance with the
nature of human being. And because the Islamic law is revealed for all season,
as it were, it must accordingly be deeply flexible so that it may fit to all
time and all space. This paper addresses this notion of flexibility that
Islamic law enjoys by arguing that flexibility is a quality that Islamic law
should have if it is to survive. But, it moves on, that flexibility is one
thing and the ability of Muslim scholars in preserving this flexibility is
something else. While by its very nature, Islamic law is flexible the methods
and approaches that some Muslim scholars have developed did work on the nerve
of this divine law. One of such method is talfî q, in which one would take the
views of different scholars to produce a legal dictum. This method is the focus
of this paper. It contends that in principle, the method is a result of the
absence of the independent mind in the history of Islam. It nonetheless, does
serve as a good method to produce a legal premises suitable for certain type of
Muslim society. But it does not always work to preserve the flexibility of the
Islamic law.
Keywords: talfiq, mazhab, the
methodology of Islamic law
Penulis: Fauzi Saleh
Kode Jurnal: jpperadabanislamdd110085
