FIKIH IMAM AL-BUKHARI (Studi metodologi pemikiran hukum Islam)

Muh. Fathoni Hasyim, NIM. 93. 3. 002 (2009) FIKIH IMAM AL-BUKHARI (Studi metodologi pemikiran hukum Islam). Doctoral thesis, Pasca Sarjana.

Preview	Text (FIKIH IMAM AL-BUKHARI (Studi metodologi pemikiran hukum Islam)) BAB I, VII, DAFTAR PUSTAKA.pdf - Published Version Download (5MB) | Preview
	Text (FIKIH IMAM AL-BUKHARI (Studi metodologi pemikiran hukum Islam)) BAB II, III, IV, V, VI.pdf - Published Version Restricted to Repository staff only Download (16MB)

Abstract

Al-Bukhari is a towering figure in the field of hadist, however, his thoughts on the field of fiqh are interesting to discuss. Al-Bukhari’s thoughts on fiqh are often different from those of the mainstream in his time. Therefore, it shows that Al-Bukhari deserves similar positionof those scolars with an independent mujtahid qualification. Accoordingly, a question such as”why did not Al-Bukhari establish his own mazhab” or other similar question may arise. This research is conducted to answer the following question: 1. How do Al-Bukhari’s fiqh thoughts and methodology develop?. 2. Why are Al-Bukhari’s fiqh thoughts different from the fiqh thoughts in his time? 3. What are the influences of Al-Bukhari’s fiqh thoughts of his time anad afterward? This research not only attempts to unearth the place ofAl-Bukhari in the rank of mujtahid as has been formulated by usul fiqh scolars but also trace back the causes of the unpopularity of Al-Bukhari’s mazhab. To answer those question, library research is employed because the scholar who is examined lived more than a thousand year ago (in the middle of the 3rd century of Hijriyah/moon calendar). Also, it showa that the scholar who is studied is a historical figure. Therefore, this research applies intellectual history approach, Charles Darwin’s theory of evolution, and the logic theory of Hegel. The method that is used is critical analysis. With this method, Islamic law thoughts of Al-Bukhari are analyzed. Further, its historical gowth, development and social environment are traced back. Eventually, the way his thoughts influenced the Moslem society in his time and afterward is scrutinized. This research finds that Islamic law thoughts of Al-Bukhari grew after they interacted with a number of mazhabs. It occurred when he travelled (rihlah ‘ilmiyyah) to several countries and acquired knowledge from a number of ulama (religious scholars) from various mainstreams. This encounter resulted in significant change in his thoughts – enhanced horizon, improved ability to obtain law from its primary sources, upgraded capacity to establish his own methodology of Islamic law, and his being an independent mujtahid. The Islamic law methodology that is developed by Al-bukhari is methodology has the structure of Islamic law of a puritan hadist scholar, however, he seems to be more consistent towards hadist than other hadist scholar. The influence of Al-Bukhari’s thought of law is not noticeable both during his time and thereafter. This is particulary due to several factors. First, there was no political patronage with the ruler. Second, Al-Bukhari failed to establish alliance with the mainstream theological movement, namely the theology of hadist scholars. Third, he failed in synthesizing the rational and traditional paradigms of thought. Fourth, there were no distinctive characteristics that identify the typical law thoughts of Al-Bukhari. Fifth, Al-Bukhari had no best friends and students who concerned with his thinking development. This research finding sheds lights on the thoughts of Islamic law that grow in Indonesia. Al-Bukhari’s independence from mazhab may become a new discourse of Islamic law development that shows a tendency to break away from mazhab confinement. Besides, Al-Bukhari’s methodology that has specific characteristic becomes a valuable methodological contribution to the Islamic law development. This research also helps incrase a proportional appreciation of scholars’ ijtihad skills including those of Al-Bukhari

Share this knowledge with your friends :

Actions (login required)

View Item