EPISTEMOLOGI HUKUM ISLAM YUSUF AL-QARADAWI DALAM KITAB MIN FIQH AD-DAULAH FI AL-ISLAM

Sudarto, B.A., M.P.I, NIM: 1630016003 (2021) EPISTEMOLOGI HUKUM ISLAM YUSUF AL-QARADAWI DALAM KITAB MIN FIQH AD-DAULAH FI AL-ISLAM. Doctoral thesis, PASCASARJANA.

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Abstract

Three academic unrests in this dissertation are as follows. (1) A prominent Muslim law scholar with his fatwa or papers and socalled the international mufti Yusuf al-Qaradawi did not explicitly write the epistemology of Islamic laws (usu1 al-fiqh) despite the closely related between law products and their concepts and methodology. (2) In many papers that he published, Yusuf al- Qaradawi claimed himself moderate, but scientific evidence is needed because of his considerable influence in the world of Islam in academic, law, missionary work, and politic. (3) Fiqh of politic in his book entitled Kitab Min Fiqh ad-Daulah fi al-Islam and others are popular among Islam activists, politicians, and Islamic law observers in Indonesia. This study aimed at elaborating the construction of Yusuf’s epistemological thoughts in Islamic law and politic, formulating the type of his political thoughts and discovering new ideas from his epistemological thoughts found in his book Kitab Min Fiqh ad- Daulah fi al-Islam. To read the logic of Yusuf’s political fiqh needs the theory of knowledge from ‘Abid al-Jabiri. The sources of data used to discuss the object of study were primary and secondary data. The primary data sources were relevant papers and articles to the object of study written by al-Qaradawi while those related to al-Qaradawi’s thoughts, in particular on Islamic law epistemology discourse, written by other authors were the secondary ones. Both data were analyzed using interpretation method with deductive and inductive rationale. The method was meant to reach accurate understanding on his thoughts of Islamic law epistemology, his ideas on moderation of political thoughts and his political fiqh logic. The results were as follows. The construction of Islamic law epistemology by Yusuf al-Qaradawi was revitalized of theories from usuliyyin in terms of sources, methods and validity. His political thoughts was moderation type, maintaining good old values and utilizing better new ones and combining fiqh an-nass and fiqh maqasid asy-syari’ah as well. The structure of his political fiqh logic was exclusive-moderate constructed upon the religions and state’s integration while the logic criticism was an integration between bayani, which is predominant, and burhani. His bayani logic appeared in positioning text a source of law or qiyas’ reference and placing bayani-lugawi and qiyasi a method of searching law. His burhani logic was in the Islamic law rationalism clung to maqasid asy-syari’ah principles. The coalescence of the two logics was due to two factors, the general and global source of political fiqh law and the practical method in ijtihad, i.e. at-taisir and al-wasatiyyah principles.

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