Revitalisasi Uşul Fiqh dalam Menghadapi Perubahan Sosial
Abstract: Historically
speaking, the science of uşûl al-fiqh has not been able to play its role in
providing solutions for the many social problems facing human kind. The reason
for this lies in that this science does not have within its reservoir the
theoretical tools relevant for the renewed human situations. One of the
mistakes of this science furthermore is that it produces the jurists who are
incapable of adapting to new circumstances. The paradigmatic mode of this
science is such that one –upon using its premises and methodscannot be
analytical and would remain literal. In the other words, this science is very
much bayani as opposed to burhani, that is rational and systematic, or irfani
which is intuitive. The static nature of uşûl al-fiqh in the meantime has provoked
many jurists to revolt against it and tried to bring about new methods and
modes of thinking within it. Thus, we have at least two modes of thinking
currently available as far as renewal of uşûl al-fiqh is concerned. The first
is what we may call utilitarian and the second is liberal. The former bases its
theories and ideas on the notion of maslaha. This school of thought is mainly
propagated by al-Shâtibî. It claims that the whole purpose of Sharî‘ah is none
other than for the good of human being. This general proposition underlies the
whole theories that the proponents of this mazhab articulated. The second mode
of thought, the liberal, claims that the traditional jurisprudence must be
totally replaced by the new one. And to do this the liberals appropriates the
hermeneutical approach to interpret the Islamic law according which the
intrinsic relationship between the text and its context cannot be revealed
through the literal understanding of the message of Islam. The literal approach
has thus far failed and is unable to face the new circumstances. This mode of
thinking is committed to what its proponents call the real Islamic values
inherent within the text of religion. Nasr Hamid Abu Zaid is the staunchest
propagator of this current of thought. He proposes new method for uşûl al-fiqh
by criticizing both the classical and contemporary discourses using semiotics
as the tools of analysis. In this way, he hopes that more humanist and adapting
science of fiqh, one that can respond to our formidable contemporary
challenges, may emerge.
Keywords: utilitarian,
liberal, usul al-figh, figh
Penulis: Abdul Basith Junaidy
Kode Jurnal: jpperadabanislamdd090022
