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PERBANDINGAN METODE TAQNIN PERSPEKTIF MUSHTHAFA AZ-ZARQA DAN MUHAMMAD ZAKI ABDUL BAR
The codification (taqnīn) of Islamic law in the contemporary era is a practical response to the demand that Islamic legal principles be translated into modern statutory forms. This process is driven both by increasingly complex social needs and by the lingering influence of waḍ‘ī codification introduced during the colonial period. Taqnīn, therefore, emerges as a normative and responsive effort to operationalize Islamic law while treating the plurality of ijtihād as a principal epistemological resource. Against this backdrop, this study compares the methods proposed by two prominent jurists, Mushthafa az-Zarqa and Muhammad Zaki Abdul Bar who, although both legitimise taqnīn, articulate distinct methodological frameworks. I hypothesize that these differences reflect deeper epistemological orientations concerning the role of maṣlaḥah, the management of juristic plurality (tarjīḥ), and the normative weight afforded to principle of madhhab adherence. This research is a library study with a descriptive-analytic and comparative design. Primary texts by az-Zarqa and Abdul Bar and relevant secondary literature serve as data. To map and analyse each jurist’s argumentative structure, I employ Stephen E. Toulmin’s model (claim, evidence, warrant, backing, qualifier, rebuttal), which enables systematic identification of affirmative and critical lines of reasoning. Findings indicate that both thinkers endorse flexible ijtihād and reject rigid single-madhhab codification. Az-Zarqa, however, advances a cross-madhhab taqnīn rooted in a structured tarjīḥ framework: weighing evidential strength, public interest, social relevance, implementability, and consonance with maqāṣid al-Sharī‘ah. Abdul Bar privileges sociological considerations, treating majority-madhhab acceptance as a foundational principle while permitting extramadhhab opinions when demonstrably more maqaṣid-oriented (maṣlaḥah). Comparatively, az-Zarqa exhibits greater epistemological rigor and systematic support for trans-madhhab choices; Abdul Bar demonstrates stronger sensitivity to social legitimacy but offers less systematic methodological justification when transcending majority madhhab norms. This study concludes that effective taqnīn requires an integrated methodology that balances structured epistemic mechanisms (tarjīḥ) with sociological legitimacy to ensure both doctrinal soundness and societal acceptability.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
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