ARAH BARU EPISTEMOLOGI HUKUM ISLAM: STUDI KOMPARATIF PEMIKIRAN MUHAMMAD ABID AL-JABIRI DAN HASAN HANAFI

Muhammad Anis Mashduqi, NIM.: 1130010003 (2017) ARAH BARU EPISTEMOLOGI HUKUM ISLAM: STUDI KOMPARATIF PEMIKIRAN MUHAMMAD ABID AL-JABIRI DAN HASAN HANAFI. Doctoral thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

This research attempts to trace the formulation of Islamic legal epistemology offered by two Islamic thinkers, Muhammad Abid al- Jabiri and Hasan Hanafi. Abid al-Jabiridan Hasan Hanafi represents an Islamic thinker who is able to dialogue with the achievements of philosophical scholarship in the West, especially philosophy of science and epistemology. Their contributions in the realm of epistemological transformation of Islamic law will be the focus of research. The work of both of them touches the realm of various Islamic disciplines with the sharpness of the methodology used and the power of data they have. The results of the two studies suggest the path for studies by the next thinkers in the epistemological discourse of Islamic law. Furthermore, this study explains the differences in the Islamic legal epistemology paradigm offered by Abid al-Jabiri and Hasan Hanafi. In the framework of the history of science theory, both Abid al-Jabiri and Hasan Hanafi offer epistemology paradigm which is a form of shift (paradigm shift) from the previous paradigm. The paradigm of Islamic legal epistemology was at least formulated first time convincingly by asy-Syafi'i in ar-Risalah. This formulation can be a single paradigm that involves in the investigation and research of Islamic law in the following phases. The efforts of al-Ghazali in the 11th century AD and asy-Syatibi in the 14th century AD to give a new touch and shift the epistemology of established Islamic law did not obtain good results. The new direction of Islamic legal systemology offered by Abid al-Jabiri has a tendency to adopt textual rational thinking (bayānī) with rational reasoning (burhānī), while Hasan Hanafi initiates the strengthening of the role of praxis awareness (al-wa ‘ y al-'amalī) and reduces the dominance of historical consciousness (alwa ‘ y at-tārīkhī) and eidetic awareness (al-wa ̒ y an-naẓarī). In many of his accounts, Abid al-Jabiri rejects qiyāsfiqhī and repositions it with qiyāsmantiqī or Aristotelian syllogism, while Hanafi regards qiyās as a method that cannot be ignored in Islamic law investigations and research. However, according to Hanafi, the application of this method must be strong in the realm of taḥqīq almanāt by considering the analysis of rational scientific achievements in the field of science and humanities. Thus, the new direction of the Islamic legal epistemology of Abid al-Jabiri that takes a non-cummulative or discontinuity pattern when he decides to do qiyās, while Hanafi’s ideas are a cummulative form of the previous paradigm based on qiyās. Both are in harmony in appreciation of rational methods other than qiyās such as istiḥsān, istiṣlāḥ and others.

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