MASALIK AL-‘ILLAH K.H. MA. SAHAL MAHFUDH DAN UPAYA PENGEMBANGAN ISTINBAT HUKUM ISLAM INDONESIA

Agil Muhammad, NIM.: 20200011036 (2022) MASALIK AL-‘ILLAH K.H. MA. SAHAL MAHFUDH DAN UPAYA PENGEMBANGAN ISTINBAT HUKUM ISLAM INDONESIA. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The development of era rises a new problem in Islamic law that always demand the presence effort of istinba>t} Islamic law. In general, the kiai or Indonesian traditional mufti does not frankly in doing ijtiha>d and istinba>t} Islamic law based on circumspection. However, KH. MA. Sahal Mahfudh (Kiai Sahal), as one of the figure from kiai’s circle, more adventurous in doing -even promote- means ijtiha>d to this kiai through the offer of the istinba>t} method by extending masa>lik al-‘illah theory which exist in us}u>l fiqh’s discussion and needs to explain about the concept and the limitation. The researcher emphasizes in Sahal’s masa>lik al-‘illah concept included in qiya>s methods in us}u>l fiqh realm, and not too deep in Sahal’s social fiqh discussion. This research aim to explain Indonesia’s law istinba>t} that uses expansion of Sahal’s masa>lik al-‘illah concept studied from his works. This thesis uses library research method with historical-philosophical approach and Kuntowijoyo’s intellectual history theory. The object of this research is Sahal’s masa>lik al-‘illah concept through his works in the field of thought of us}u>l fiqh Indonesian kiai. This research found; first, Sahal’s masa>lik al-‘illah concept is a integration and harmony between Sahal’s masa>lik al-‘illah and mas}lah}ah al-‘a>mmah in trying to make sa‘a>dah al-da>rain. This view is different with previous mufti’s opinion which not requisite availability of ‘apparition’ mas}lah}ah, while kiai Sahal necessitate in order the society is easy to accept and practicing fiqh, and avoided from abandonment of fiqh cause their incomprehension on the nature of fiqh. Second, the role of kitab kuning that strong on the expansion of masa>lik al-‘illah shows that the target idea from kiai Sahal is the kiai which understood and expert in kitab kuning, not in general society. Even in the implementation that the kiais still did not have the guts in doing ijtiha>d as frankly caused circumspection of their fiqh-sufistic pattern. Third, Sahal’s masa>lik al-‘illah concept cannot be released from social fiqh thought that he initiated. The expansion flow of Sahal’s masa>lik al-‘illah keep starting from madhab qauli> that when confronted with context and social reality still considered incapable to answer social fiqh issues. By using close reading on context and social reality, madzhab manhaji> applied by using integration and harmony between masa>lik al-‘illah and mas}lah}ah al-‘a>mmah to realize sa‘a>dah al-da>rain to wide society. This research is one of the efforts to study Indonesian us}u>l fiqh thought.

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