MUHAMMAD SA’ID AL-‘ASHMAWI (Mencabar Pemikirannya tentang Penerapan Syarî’ah di Mesir)
Abstrac: The rise
of a vigorous
and sometimes violent
Islamist movement in Egypt
has attracted considerable
attention from scholars. Less
attention has been
given to those
who have responded to
this challenge at
the level of
ideological debate. One of these is a prominent judge, Muhammad Sa’id al-‘Ashmawi.
He argues that the call
for the "application of the
syarî’ah" (tathbîq al-sharî’ah),
watchwords of the Islamist movement, are
in reality little
more than empty
slogans, designed to get
popular support for
a political venture
but extremely vague and probably insignificant in substance. In time, however,
its meaning expanded, first
to include all of
the rules for worship and society found in the Qur’ân, then those in the sunna
of the Prophet, and finally all the opinions and judgments
of the scholars
(ijtihâd). But these
opinions and judgments are properly called fiqh, and the final result of
the development is
that in common
usage the term
syarî’ah has come to
mean fiqh.Those who
use the slogan,
however, are in fact
calling for the application
oí fiqh, that
is, a set of
rules and laws
devised by humans,
not God, to
meet historical conditions of
the past which
no longer obtain.
In discussing ribä, al-cAshmawi
holds that current
Egyptian law essentially conforms to the syarî’ah.
The same is true
of the rest of Egyptian law.
Penulis: Moh. Hefni
Kode Jurnal: jphukumdd090100
