Evolusi Shari‘ah dan Wacana Fiqih
Abstract: Sharî‘ah has always
been deemed as an integral part of Muslims life. As a binding and commanding
divine law, Sharî‘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 Sharî‘ah is divine and transcendent,
or is it evolving from being transcendent to becoming mere ideas and legal
dictum of the ulama? To delve on 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 (maşlahah) both worldly and heavenly,
Sharî‘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-Sharî‘ah (the aims of Sharî‘ah) implying
that Sharî‘ah does evolve given the multiplicity of these aims. Simply
speaking, the paper is directed toward proving that Sharî‘ah cannot be seen as
stagnant and that it is subjected–like any other forms of knowledge to the law
of evolution.
Keywords: interrelation,
stages, evolution, maslahah
Penulis: Abu Yasid
Kode Jurnal: jpperadabanislamdd100027
