EPISTEMOLOGI USHUL FIKIH AL-SYAFI’I (Telaah atas Qiyas dalam kitab al-Risalah)

SHOFIYULLAH MZ , NIM. 983110 (2009) EPISTEMOLOGI USHUL FIKIH AL-SYAFI’I (Telaah atas Qiyas dalam kitab al-Risalah). Doctoral thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

As the queen of Islamic sciences, the principle of Islamic jurisprudence (ushul fiqh) play a significant and strategic role in producing, Islamic teaching that is good for all creations (rahmatan lil ‘alamin). The radical and moderate faces of the Islamic techings are very much determined by the construction of ushul fiqh itself. As the producer of the Islamic law, ushul fiqh positions itself as the centre of Islamic teaching. Ushul fiqh is the medium to study the limitation, dynamic and meaning of the relation between God and human being. For that reason, ushul fiqh has to be more dynamic and be more open toward any attempt for imorovement. This study embarks from the emerging phenomena of violence and intolerance under the banner of Islam that is previling in different societies. Since majority of Indonesian Muslims are sunnis (ahl al-sunnal wa al-jama’ah) who practice one of four schools of Islamic law, namely al-Syafi’I, this study argues that this school of Islamic law has a major contribution in influencing the above-mentioned violent behaviors. Within this context, the book al-Risalah written by al-Syafi’I as an early and clasical work in ushul fiqh becomes the valid reference for this research. Based on this thought, the research aims to answer two fundamental question. First, is there any element of authoritarianism in the formulation of qiyas (analogy) of al-Syafi’I as found in his al-Risalah? If so, is there any relationship between that element of authoritarianism and violent and intolerant actions under the name of Islam? Second, is it valid to claim that ushul fiqh of al-Syafi’I has contributed toward the emergence of violence in the society? As library research, the method used in this study is mainly qualitative through collecting, identifying and selecting the data. The data are then being described and interpreted vertically (theological aspects), horizontally (intelectual views) and also chronologically (historical aspects and their forthcoming influences). In order to reconstruct and search for epistemological relevance of the ushul fiqh in the book of al-Risalah, the hermeneutic approach is applied to reveal the depth meaning of the text. In addition to hermeneutical approach, the consistency of scientific measures is applied by using the theory of coherent, correspondent and pragmatic truth as well as authoritarianism theory. In sum this research has attested that there is no authoritarianism element in the formula of al-Syafi’i’s qiyas (analogy) in his al-Risalah. Therefore, it refuses the claim that there is a relationship between ushul fiqh of al_syafi’I with the emergence of violent and intolerant behaviors in the society. Therefore, the assumption that ushul fiqh of al-Syafi’I has contributed in creating violence in the society needs more empirical research and proof.

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