Uşul al-Fiqh versus Hermeneutika tentang Pengembangan Pemikiran Hukum Islam Kontemporer
Abstract: The philosophy of
Islamic Law (uşûl al-fiqh) has been known as occupying the central position in
the whole structure of Islamic jurisprudence. Its method and logic of legal
extrapolation has dominated not only the legal sphere of the jurists but also
influenced the philosophers and the scholastics in their method and way of thinking.
Uşûl al-fiqh is mainly deductive in its approach and is concerned with the
analysis of linguistics. Now with the developments of new methods in legal and
linguistic studies, many scholars have attempted to introduce new way of
interpreting Islamic law by bringing up hermeneutics as the main tool.
Hermeneutics is about interpreting text by taking into consideration the
cultural and personal backgrounds of the author. It also teaches that in
reading a text, a reader must be neutral in that he should not have in mind an
a priori knowledge and assumption about the subject. This paper is concerned
with exploring the dynamics of both uşûl al-fiqh and hermeneutics in the
context of developing the Islamic Law in contemporary life.
Keywords: usul al-fiqh, hermeneutics
Penulis: Ahwan Fanani
Kode Jurnal: jpperadabanislamdd100029
