Non Tashri’iyyah Sunnah Authority in Reference to Yusuf Al-Qaradawi

Tarmizi M. Jakfar , NIM. 973075 (2008) Non Tashri’iyyah Sunnah Authority in Reference to Yusuf Al-Qaradawi. Doctoral thesis, Pasca Sarjana.

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Abstract

The dissertation analysis is based on some of Moslems’ views that is all derived from the Prophet is sunnah to be obeyed and applied by Moslems without considering the relation of religion. In spite of this, Muhammad as the Prophet is also human being. Certainly some of his sayings and attitudes are derived from his human characteristics. This is accordance with what he says in a hadith of Imam Muslim. When Muhammad was life, as the Prophet, Rasul Allah Saw. played his roles as a head of the state, community figure, judge, and civil person. To engage his roles, some decicions or policies of him did not show certainly his capacity as the Prophet since they could change in terms of situation and condition he conducted. Therefore, some other Moslems hold that attitudes and words of the Prophet to be obeyed only in terms of religion. According to al-Qaradawi some parties exaggerate their views on the matter above. The first party refuses the Prophet’s human being so whatever comes from the Prophet including what the Prophet said accidentally must be absolutely obeyed where as the second party excludes mostly sunnah roles in all wordly affairs. Therefore al-Qaradawi is encouraged to solve the problem moderately. He suggest a thought that the sunnahof the Prophet is categorized between tashri’iyyah and non tashri’iyyah. The thought seems to be interesting since it bridges the two opponent views. Yet, the study is limited on non tashri’iyyah, namely the thought of al-Qaradawi on the problems and criteria used to know non tashri’iyyah; reason why non tashri’iyyah sunnah is considered important by al-Qaradawi; authority of non tashri’iyyah sunnah according to al-Qaradawi; implication of sunnah non tashri’iyyah theory of al-Qaradawi towards fiqh (Islamic law). In addition, theoretical approach of the study is theory of Usul al-Fiqh, implying that sunnah is wordings, attitudes, and confession of the Prophet to be law. It is not considered that kind of sunnah that is derived from the Prophet is not proper to be the law, for instance, an attitude of Muhammad related to his human characteristics. A method applied in this study is a document study within maqashid al-shari’ah (the goals and purposes of the shari’ah), historical, sociological, and anthropological approaches. The document study is used to obtain written data either related to theory or main material of the figure that is analyzed with maqasid al-shari’ah, historical, sociological, and anthropological approaches. The maqasid al-shari’ah is used to know wether the goals of shari’at (maslahat) on non tashri’iyyah sunnah theory of al-Qaradawi are realized. And to find out socio-cultural condition of society and even politics when hadith occurred, the historical approach is applied. Meanwhile, the sociological approach is to understand hadith by studying its relation with condition and situation of society in which the hadith arose; and the anthropological approach is applied to see religious practice, tradition, and culture developing in society in which hadith early delivered. The dissertation result in first, al Qaradawi regards that sunnah of the Prophet must be devided in to tashri’iyyah and non tashri’iyyah. To understand non tashri’iyyah sunnah, al-Qaradawi recommends five criteria that is advising instruction and prohibition of the Prophet; attitudes of the Prophet not relating to purely religious rituals indication (ibadah); attitudes of the Prophet as a human being; attitudes and sayings of the Prophet based on his experience; attitudes and sayings of the Prophet as the head of the state and judge. Second, the study is considered important because without understanding the criteria, a person will easily burden things, which are not recommended by the Prophet, to others. Third, non tashri’iyyah sunnah is non compulsory sunnah (wajib), non recommended suggestion, and no mubah in terms of Islamic law (shari’ah). The attitudes of the Prophet are only allowed logically, while instruction and prohibition are only advised. Therefore, it does not havean authority as a law source in the form of news, instruction, and prohibition. If the Prophet instructed or prohibited something, in this criterion, the Moslems can either obey or leave. Moreover if the instruction or prohibition is different from the instruction or prohibition of the experts, and the experts are obeyed, the attitude is still in accordance with the shari’ah substance urging Moslem ask everything they do not know to the experts. When the Prophet, within his capacity as the head of the state, judge, military commander, or a civil person, did something or made policy but the Moslems do not do as he did, it is not just against sunnah since the Prophet was not in capacity of the Prophet. Fourth, appliying the theory enables a broad understanding implication towards fiqh; from the fiqh seeming to be rigid to flexible fiqh; from the static to the dynamic; and from the literal to the essential, either internally or externally (in Moslems and non-Moslems relation).

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