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All Journal Sabda: Jurnal Kajian Kebudayaan Al-Manahij: Jurnal Kajian Hukum Islam WALISONGO NADWA ISLAMICA: Jurnal Studi Keislaman Walisongo: Jurnal Penelitian Sosial Keagamaan SHAHIH : Journal of Islamicate Multidisciplinary
Ahwan Fanani
Fakultas Tarbiyah IAIN Walisongo Semarang
Religion Arts Humanities Education Languange, Linguistic, Communication & Media Physics Social Sciences Other

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Journal : ISLAMICA: Jurnal Studi Keislaman

 1 
Uşûl al-Fiqh versus Hermeneutika tentang Pengembangan Pemikiran Hukum Islam Kontemporer Fanani, Ahwan
ISLAMICA: Jurnal Studi Keislaman Vol 4, No 2 (2010): Islamica
Publisher : Program Pascasarjana UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (117.424 KB) | DOI: 10.15642/islamica.2010.4.2.194-209

Abstract

The philosophy of Islamic Law (uşûl al-fiqh) has been known as occupying the central positionin 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.
Al-Suyutî Dan Kontroversi Strata Ijtihâd: Telaah atas Klaim Mujtahid Mutlaq al-Suyutî dan Landasan Normatifnya Fanani, Ahwan
ISLAMICA: Jurnal Studi Keislaman Vol 2, No 2 (2008): Islamica
Publisher : Program Pascasarjana UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (123.88 KB) | DOI: 10.15642/islamica.2008.2.2.109-123

Abstract

The 6th century of Islam witnessed the first emergence of the new class of ‘ulama that tended to “close” the gate of ijtihad. By the closure of the gate of ijtihad I do not mean that the gate of ijtihad can indeed be closed. At some point of its development, the legal system of various schools of thought of Islam has finally been established, the resultant consequence of which being that some ‘ulama felt that ijtihad can only be done on elaborating further the views of the previous ‘ulama and not on proposing original views on particular legal issue of Islam. Al-Suyuti emerged during the era where legal system of Islam has already been established. He claims interestingly, that he is a mujtahid mutlaq, that is, some one who has the absolute and independent authority to do ijtihad and to extrapolate rules from the legal sources of Islam. This comes as a sharp contrast to the general belief at the time that no mujtahid mutlaq may any longer emerge. Al-Suyuti wrote al-Radd to legitimize his claim; a claim that inevitably prompted a strongobjection from his fellow legalists. Although his claim was not received with enthusiasm from the public, al-Suyuti has nonetheless made a valuable contribution in the field of the study of ijtihad. His works are applauded as a great evaluation on the subject. On various occasions, al-Suyuti wrote that the Muslim intellectuals should not be satisfied with the views of the previous ‘ulama (taqlid) and that they should instead exercise their intellectual acumen via ijtihad.
Co-Authors Ashabul Kahfi, Ashabul