Hassan Hanafi and Islamic Legal Theory From Phenomenology to Critique of the Slogan “Going Back to the Qur’an and Sunna”

Hijrian Angga Prihantoro, - (2021) Hassan Hanafi and Islamic Legal Theory From Phenomenology to Critique of the Slogan “Going Back to the Qur’an and Sunna”. Mazahib: Jurnal Pemikiran Hukum Islam, 20 (2). pp. 192-223. ISSN P-ISSN: 1829-9067 | E-ISSN: 2460-6588

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Abstract

Islamic legal theory (popularly known as uṣū al-fiqh in Islamic term) runs into difficulties when dealing with social and humanities issues. Religious texts, according to Hassan Hanafi’s perspective, should not only be positioned as a source of law, but also at the same time must be seen as a phenomenological experiences of religiosity. The dialectic of religious text and today's empirical context needs to be reformulated. By using phenomenological as a methodological tool, Hassan Hanafi makes an effort of reepistemification of uṣū al-fiqh reason into three typologies of consciousness; historical, eidetic, and praxis. These three aspects constitute the discursive relationship to present an anthropocentric dimension in uṣū al-fiqh reason. This article uses qualitative research methods with interpretation criticism approach. This article aims to analyze the new formula offered by Hassan Hanafi’s uṣū al-fiqh reason, and to examine it to criticize the slogan “Back to the Qur'an and Sunna” as a phenomenon of religiosity.

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