JURNAL PUSAKA

Studi Epistemologi Hukum Islam dalam Konteks Fatwa Majelis Ulama Indonesia

Syarif Firdaus Al Qadri — 2024-12-21

This study aims to explore the epistemological foundations underlying the fatwa (religious decree) formulation process by the Indonesian Council of Ulama (MUI) and analyze the dynamics of Islamic legal epistemology in the Indonesian context. Using a qualitative method with a content analysis and hermeneutical approach, this study examines MUI's fatwas published in the last decade, with contemporary Islamic epistemology theory and the maqashid sharia approach as the analytical framework. The research findings show that MUI applies an eclectic epistemological approach, integrating the bayani, burhani, and irfani methods in the fatwa establishment process. There is a significant effort to contextualize Islamic law with the realities of Indonesian society, reflected in the use of the principles of maslahah (public interest) and 'urf (local customs). MUI's collective ijtihad (independent reasoning) practice enriches the epistemological basis of the fatwas, but also poses challenges in synchronizing various perspectives. The novelty of this research lies in the comprehensive analysis of the dynamics of Islamic legal epistemology in MUI's fatwas in the digital era, which has not been widely explored before. This study reveals the flexibility and adaptability of Islamic legal epistemology in addressing contemporary issues, while also identifying the methodological challenges faced. The research recommends the development of a more systematic and transparent epistemological framework in the fatwa formulation process. Further studies are suggested to explore the impact of MUI's fatwas on Indonesia's socio-political dynamics and analyze the role of digital technology in the transformation of religious authority.

Key words: epistemology; Islamic law; Indonesian Council of Ulama (MUI); fatwa; hermeneutics

Pendekatan Kaidah Fikih dalam Konteks Hukum Islam Kontemporer

Muhammad Ulil Albab — 2024-12-30

The rules of fiqh are fundamental principles in Islamic law that provide guidance in resolving complex legal issues, especially in modern social, economic, and political contexts. This article examines the relevance of four main rules of fiqh, namely: (1) If halal and haram come together, then haram defeats halal; (2) If two mafsadat conflict, then the lesser harmful one is prioritized; (3) Policies towards the people must be based on the public interest; (4) The easy is not defeated by the difficult. This study attempts to analyze the application of these rules in a contemporary context through an analytical-descriptive approach to classical and modern literature. The results of the study show that these rules are not only universal, but also adaptive in facing the dynamics of the times. The first rule is relevant in the regulation of halal-haram in the halal industry and sharia economy. The second rule contributes to mafsadat mitigation policies on health issues and public law. The third rule provides a normative basis for policies based on public interest, such as the distribution of zakat and productive waqf. The fourth principle reflects the flexibility of sharia in the obligation of worship and muamalah. The novelty of this article lies in the integration of fiqh principles with specific case studies in the modern era and the offering of an applicative framework based on maqashid sharia that is in line with the sustainable development goals (SDGs). These findings are expected to contribute to the development of Islamic law that is relevant and responsive to global needs.

Qawaidhul Fiqhiyyah: Sejarah dan Lima Kaidah Pokok

Mohammad Sofi — 2024-12-27

It is very important for Muslims to help resolve the legal problems they face every day. If they don't know where to go, they can't know how far something can go or what is more important to do or leave out. In acting or behaving, they are bound by the rules and values they adhere to, which come from religious teachings and good habits. This research is included in the type of normative research. This type of research is a type of research that uses data from library studies, such as books, journals, and other literary sources, as well as previous research findings related to the research topic. Fiqh rules are general rules, cover a number of fiqh issues, and can be known. legal fiqh issues that fall within its scope. This fiqh rule can be used as an independent argument in establishing law, if there is no text argument. The history of the development of qawaidhul Fiqhiyyah is divided into 3 periods starting with the Prophet Muhammad then continued by the companions and tabiin with evidence of the jawamiul kalim hadith. and the existence of these 5 rules as main rules and used as a benchmark in determining fatwas. The 5 rules include: al Umuru bi Maqishidiha, al-Yaqinu La Yuzalu bi Syak, al-Masyaqqoh Tajlibu at-Taysir, ad-Dhororu Yuzalu, al-'Adatu Muhakkamah.