Inkulturasi al Qur’an dalam Tradisi Masyarakat Arab: Studi tentang Pelaksanaan Qisas-Diyat

Ali Sodiqin , 043430 (2007) Inkulturasi al Qur’an dalam Tradisi Masyarakat Arab: Studi tentang Pelaksanaan Qisas-Diyat. ["eprint_fieldopt_thesis_type_phd" not defined] thesis, UIN Sunan Kalijaga.

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Abstract

This dissertation focused on analyzing the enculturationdone by al Qur’an to the Arabic tradition especially on the law of qisas-diyat. The main problems were arranged to answer the following questions: first, why different responses occurred; second, why the tradition of qisas-diyat were adopted by al Qur’an; and third, how was the implication. The purpose was to map a model of enculturation of al Qur’an into the tradition of Arab so that how Arabic tradition influenced the formation of Islamic teaching and vice versa could be found. Moreover, it also attempted to see the basic reason of the adoption of qisas-diyat tradition and the factor that supported and obstructed the process of the enculturation. The explanation of this matter could be used as a basis for the application of qisas-diyat law in contemporary era. Analysis of enculturation process applied the theories of models of reality and models for reality from Clifford Geertz, to see how its stages and resistance. The different responses to the Arab tradition were analyzed using Ali Syari’ati’s theory of tauhid and Ralph Piddington’s human universal need theory. The chronology of the divine revelation was explained by the theory of asbab an nuzul and makkiyah madaniyah. Through this theory, the framework of thought that the concept of enculturation of al Qur’an applied the basis of tauhid (monotheism) was built and addressed for the accomplishment of human universal need. This principle was the basis of how al Qur’an responded to the tradition of Arab, whether it received, refused or changed it. The principle of tauhid then was translated into various principal teachings with universal characteristics. The principal teachings, afterwards, were transformed into Arab social institutions and finally were implemented in the society. Enculturation of al-Qur’an into Arab tradition yielded three typologies: tahmil, tahrim and tagyir. Tahmil meant that al-Qur’an received and continued the existing tradition , such as the system of commerce and the respect to haram months (Muharram, Rajab, Zulqa’idah, and Zulhijjah). Tahrim was the attitude of al-Qur’an to refuse or stop certain traditions, such as gambling, drinking khamr, practicing usury, and slavery. Tagyir meant the attitude of al-Qur’an to receive the existence of tradition but changed or reconstructed and modifed it causing the changes of its basis character. The examples of tagyir included problems concerning women’s aurat, marriage institution, hereditary law, adoption, and the law of qisas-diyat. The tradition of qisas-diyat was included in tagyir model of the enculturation of al-Qur’an. This tradition, historically, had been applied in Arab since pre-Islam era, which functioned as a mean of solving problem for murder case. Al-Qur’an then adopted this tradition, adapted new values, and modified its rules. Values that were transformed into this tradition were justice, morality, equivalence and individual responsibility. The processes were done gradually since Mekah period up to Madinah period. Enculturation of al-Qur;an into this tradition resulted in the emergence of resistance from public in form of structural resistance forma the opposing group and cultural resistance from the receiving. Group. The appearance of this resistance made an impact on compromising the implementation of the rule of qisas-diyat. Enculturation in qisas-diyat produced a combination in which symbolically it kept applying the old tradition, but the rules had been modified with the values of al-Qur’an. The implication of the adoption of qisas-diyat by al Qur’an was the need to choose between locality and universality. Symbolically, qisas-diyat tradition was a local tradition related with the pattern of Arab culture, so it had particular characteristic. Its particular nature was related with space and time, so that the implementation was alterable if the context was also changed. In present days, the implementation of qisas-diyat was based on its universal values transformed by al Qur’an at enculturation process. Those values should be translated in the present day into the symbol of the present law. Enculturation process was not stopped when al Qur’an revelation was completed, becouse enculturation was needed to make better social changes. Enculturation was an attempt to make dialogues between al Qur’an and the culture of the society so that the teaching remained on the ground and became rahmatan lil ‘alamin. Enculturation performed by al Qur’an showed a process of cultural reproduction. Stages of this process were started from adoption, adaptation, and innovation of the existing tradition. The process produced new institution which was socialized and internalized into social and cultural system of the society. The new institution was a combination of oldtraditions (Arab) containing the values of al Qur’an. Qisas-diyat was the result of al Qur’an’s cultural reproduction of Arab tradition. This tradition was the result of Arabic culture which was then reconstructed and innovated by al Qur’an and eventually created a new culture

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