OTORITAS DALAM HUKUM ISLAM (TELAAH PEMIKIRAN KHALED M. ABOU EL FADL)

KUTBUDDIN AIBAK, NIM. 07.31.569/S3 (2015) OTORITAS DALAM HUKUM ISLAM (TELAAH PEMIKIRAN KHALED M. ABOU EL FADL). Doctoral thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

Text (OTORITAS DALAM HUKUM ISLAM (TELAAH PEMIKIRAN KHALED M. ABOU EL FADL)) KUTBUDDIN AIBAK NIM 07.31.569S3 OTORITAS DALAM HUKUM .pdf Restricted to Repository staff only Download (4MB)

Abstract

This dissertation aimed to examine Abou El Fadl 's thoughts about authority in Islamic law. This was motivated by the rise of authoritarianism in the interpretation by using the power of God which began rampant and inherent in religious fatwas and the presence of tension between the authority-text and construction-text that was authoritarian, which led to authoritarianism. The formulations of the problems in this dissertation were how Abou El Fadl thought about the authorities in Islamic law and the construction of authoritarianism in Islamic law as well as how Abou El Fadl' s thoughts showed relevance to contemporary issues oflslamic law. This was a library research, focusing on the authority of [slamic law initiated by Abou El Fadl. The primary sources used were the papers by Abou El Fadl. This research was descriptive-analytical with a hermeneutic approac h. The research results revealed that firstly Abou El Fadl built a concept of authority in Islam by the doctrine of the Sovereignty of God and the Will of God. God as the first and foremost authority holder had His Wills will stated and described in His words written in the Qur'an. The Prophet as a second holder of authority left his traditions after death which were later codified in the form of the Sunnah. This authority was then passed on to the fuqaha as a third authority. Abou El Fadl split the authority into two, coercive authority and persuasive authority. Secondly, authoritarianism was a behavior that did not adhere to the requirements of self-control and involved false claims that led to impact abuse of the Divine Will. The phenomena of authoritarianism in Islamic law were the results of procedural-methodological errors associated with the relationship among the three elements, author (competence), text (determination of the meaning), and readers (representative). Thirdly, hermeneutics of Abou El Fadl had relevance not only in the interpretation of the Qur'an, but also in other Islamic texts. In Abou El Fadl 's view, Islamic legal discourse was a discourse of jurisprudence that was inclusive. tolerant and progressive. To restore Islamic laws in the discourse of jurisprudence which experienced a lot of diversity, refreshment, renewal, and progressive, there were at least three things that Abou El Fadl had attempted to formulate. ( 1) Qur'an and Sunnah as the authoritative sources of Islamic laws as an 'open text', (2) putting back the discourse of Islamic laws at the begi1ming of the spirit, which reaffirmed ijtihad as an optimizing mobilization of efforts in the human ability to perform tracing, study or discussion, investigation, and understanding of God•s will, and (3) the revitalization of classical Islamic legal methodology. Scientific contributions of this dissertation are that, based on Gadamer's hermeneutics, in the development oflslamic law there are, first, openness to other schools maintained, second, the absence of fanatic behaviors in the understanding and school adopted, and third, the spirit of ijlihad in Islamic law for change.

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