Syari’ah, Fiqih dan Sebuah Perspektif tentang Tarjih
Abstract: This paper takes
into account the very fact that Syari’ah has been a subject of controversy over
centuries. Its interpretation in the form of fiqh (Islamic jurisprudence) is a
strong indication that Syari’ah is not immune from personal subjectivication.
Fiqh is quite personal whereby a jurist would read the message of Syari’ah and
attempt to give his personal and subjective interpretation of it. Nonetheless,
the paper is also of the argument that this controversy is in itself a source
of the dynamics of Syari’ah. It is due to this controversy–otherwise known as
the legal dispute- that fiqh is capable of being developed over times. Some
substances of fiqh are responses to the opposing views on some issues. Not less
important than this is to delve into the factors that triggered such
controversy and dispute. The paper speaks of three factors, namely the nature
of subject-matter, the way the jurists interpret it, and the social
circumstances that surround the jurists and help shape their way of thinking.
The first is epistemological, the second methodological, whereas the third to
sociological. The three factors are inter-related and form as it were the
comprehensive legal products which the Muslims currently inherited. The Tarjih
in the meantime, is a form of a legal product, which serves both as a social
and intellectual modality for the Muslims in their daily lives.
Keywords: Shari‘ah, Fiqh,
legal dispute, Tarjih
Penulis: Miftahul Huda
Kode Jurnal: jpperadabanislamdd110073
