MENELUSURI HISTORISITAS PEMBENTUKAN HUKUM ISLAM: MENGGAGAS YURISPRUDENSI ISLAM INDONESIA
ABSTRACT: The Islamic law and
its existence can not be separated from the socio- historical factors
surrounding the scholars of fiqh in
producing islamic law. Variety of
environmental and socio-political context contributed significantly in
shaping patterns of Islamic legal thought. In fact, judging from the
relationship between the political (power) with the occurance of laws there are
a number of correralion indicators. It
is likely a madhhab develop because of
political support. When a madhhab ruling the other madhhab highly
susceptible to hard resistance. Indeed, ideally fiqh should be able to provide
answers to a variety of empirical facts
on the various issues. And, fiqh in Indonesia should not simply adopt the
products of classical period only, but
need to develop and articulate the contemporary context based on the empirical
facts. Internal understanding of the diversity of Indonesian Muslims is also a
consideration in producing fiqh other than social facts. With the principle of unity in things agreed, and tolerant of
things that are not agreed upon, particularly with regard to the furu’iyat.
Fiqh as a product of thought influenced by the socio-historical conditions
of society should not be seen as
absolute. Now, need to show that penetrates all aspects of jurisprudence and
responded critically on contemporary issues that continue to vary and evolve.
Penulis: Muhammad Yusuf
Kode Jurnal: jpperadabanislamdd120227
