IJTIHAD MAQASIDI DAN POLITIK PENGETAHUAN: PERGUMULAN DISKURSUS KEAGAMAAN REVOLUSI MESIR YUSUF AL-QARADAWI DAN ‘ALI JUM‘AH

Akhmad Sulaiman, NIM.: 18300016014 (2022) IJTIHAD MAQASIDI DAN POLITIK PENGETAHUAN: PERGUMULAN DISKURSUS KEAGAMAAN REVOLUSI MESIR YUSUF AL-QARADAWI DAN ‘ALI JUM‘AH. Doctoral thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The production of Fatwa as a religious discourse is a public discipline action. Ijtihad to formulate a fatwa should make sharia objectives (maqāṣid) run. The Egyptian Revolution of 2011 became a religious discourse struggle of ulama of similar ijtihād maqāṣidī; Jum’ah, who was a nation mufti, called a demonstration halt, while the opposing ulama al-Qaraḍāwī opined the opposite and asked for the president to step down. Looking at this problem, this research aims to answer the question: “how does religious discourse as knowledge standing on ijtihād maqāṣidī manage to influence public?” from which follow-up questions derive. 1) What ijtihād maqāṣidī epistemology construction did religion actors (i.e. al-Qaraḍāwī and Jum‘ah) make in response to the Egyptian Revolution of 2011? Why did discrepancy in fatwa occur while they both put maqāṣid the basis of law formula? How did ijtihād maqāṣidī as a methodology work for social religious discourse? The study discovered that the construction of maqāṣid is the philosophical basis with which particular arguments to establish law are in harmony. Besides, to gain benefits (maṣlaḥah) from a fatwa, mujtahid, a fatwa maker, has to take account of the act of mukalaf being judged, the situation before act, and the impacts afterwards. The root of fatwa discrepancy between al-Qaraḍāwī and Jum’ah was the different maqāṣid construction between them. al-Qaraḍāwī maqāṣid construction consisted of six inevitabilities (religion, mind, intelligence, descendant, wealth, and nobility), democratic values (freedom, justice, and human rights), and several essential moral values. Jum’ah maqāṣid construction, on the other hand, contained five inevitabilities (mind, intelligence, religion, human glory, and ownership). According to al-Qaraḍāwī, the situation before the demonstration blast was mafsadah due to authoritarian and corrupt government. People’s protests were a wasilah (effort) to throw evils away and to build a democratic and just nation (dar’ al-mafsadah wa jalb al-maṣlaḥah). The impact consideration was that demonstration could pressure the authority to step down then democratic and just nation would begin (maṣlaḥah). To Jum’ah, on the contrary, the country was in good condition (maṣlaḥah), stable and the people’s needs were fully met; thus, demonstration (chaos) was evil (mafsadah). The impact consideration was that if protests continued, there would be more lost lives, properties, and eventually a government vacancy would occur. The distinct maqāṣid construction was due to distinct interests of the two. The Egyptian revolution was the time where interests met the momentum. al-Qaraḍāwī was interested in emancipatory (releasing Muslim from authoritarianism practice), while Jum’ah’s interest was nation stability. These interests eventually led each of them to stand partially. The act of fatwa as the continuation of ijtihād maqāṣidī and politics of knowledge proved that non fiqh factor has influenced the working process of maqāṣid-oriented law. The researcher discovered three essential findings concerning social practice and politics of knowledge toward ijtihād maqāṣidī. 1) The interest and political position of mujtahid affected by practical experience influence the way they search for maṣlaḥah. 2) Ijtihād maqāṣidī activities involve tanṣīṣ efforts to drag the power of naṣṣ into fatwa. 3) Ijtihād maqāṣidī activities require mujtahid to synchronize maṣlaḥah with the domain discourse which eventually emerges maṣlaḥah fluctuation. The researcher calls these points negotiation of orthopraxy against orthodoxy.

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