TRANSFORMASI METODOLOGI ISTINBAT HUKUM DALAM KEPUTUSAN BAHTSUL MASAIL NU TENTANG STATUS KEWARGANEGARAAN NONMUSLIM DI BANJAR JAWA BARAT TAHUN 2019

Muhammad Syakur, NIM.: 20303011003 (2023) TRANSFORMASI METODOLOGI ISTINBAT HUKUM DALAM KEPUTUSAN BAHTSUL MASAIL NU TENTANG STATUS KEWARGANEGARAAN NONMUSLIM DI BANJAR JAWA BARAT TAHUN 2019. Doctoral thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Post the emergence of nation-states, citizenship has become a new discourse of paramount importance in Islamic law. The transition from religious-based states to democratic states has brought about issues related to citizenship, where the centuries-old discrimination based on religious differences has struggled to adapt to the evolving forms of the state. The Islamic jurisprudence (fiqh) that serves as a reference for Muslims still classifies individuals into several categories: Muslims, Dhimmi, Musta'man, Harbi, and Mu'āhad. Despite the passage of centuries, these books continue to be studied and understood as they were. The mechanism of deriving Islamic law, especially concerning citizenship, has so far still adopted the views of past jurists that are within the context of an Islamic state (khilafah). Recognizing this, scholars from Nahdlatul Ulama' (NU) discussed this issue during the bahtsul masail ad-dīniyyah al-mawḍu'iyyah (thematic) conference at the NU National Conference in Banjar, West Java. As a result of these discussions, the NU National Conference in 2019 decided not to categorize non-Muslims in the public context as Mu'āhad, Musta'man, Dhimmi, or Harbi. Instead, non-Muslims in the nation-state are considered citizens (Muwathin) with rights and obligations equal to other citizens. This decision has opened up a new discourse on the methodology of deriving Islamic law within NU, which needs further exploration. The academic problem that serves as the focal point of inquiry in this thesis is several fundamental questions regarding the dynamics of NU's thinking about citizenship, the transformation of methodology in NU's legal istinbat, the paradigm used by NU in determining the citizenship status of non-Muslims, and its theological foundation. To answer these research questions, the researcher employs four approaches: first, usul al-fiqh (principles of Islamic jurisprudence) with the theory of the evolution of legal fatwas (at-taghayyur fī al-fatwa); second, a manhaji approach with the theory of ijtihad based on legal causes ('illat) (al-ijtihād fī al-’illat); third, a philosophical approach with the theory of intersubjective testability; and fourth, a scientific approach with the theory of the methodology of scientific research programs by Imre Lakatos. The dynamics of NU's thinking on citizenship result from four vulnerability centers related to Islam in today's context. First, the status of non-Muslims, where classical fiqh texts concerning non-Muslims are perceived as discriminatory in the context of nation-states. Second, the issue of the caliphate. Third, Islamic law (sharia) and state law. Fourth, conflicts between Muslims and non-Muslims. In addition, there are seven strong reasons that drive Nahdlatul Ulama (NU) to undergo transformation in various fields, including its methodology of legal reasoning, especially concerning contextual jurisprudence (fikih-fikih kontekstual): (1) To make the application of Islamic law relevant to contemporary challenges. (2) To address advancements in technology and knowledge. (3) To preserve the identity of moderate Islam. (4) To foster relationships with the government. (5) To facilitate peace and interfaith tolerance. (6) To build the capacity and qualifications of religious scholars (ulama). (7) To strengthen a multidisciplinary approach. The transformation of the methodology of Islamic legal istinbat in the resolutions of the bahtsul masail at the 2019 NU National Conference shifted from a textual approach to a contextual one, transitioning from a theological perspective on citizenship to a sociological one, with an intersubjective thinking pattern capable of facilitating dialogue between ethical perspectives rooted in religious beliefs (theistic subjectivism) and objective rational arguments (rationalistic objectivism). This is an effort to find common ground between religious views and rational thought in the context of ethics and morality. The theological foundation of NU's resolutions during munas/konbes 2019 falls under the category of applying fiqh concepts with tahqiq al-manath or the examination of legal objects as its methodology. This method represents a form of ijtihad linguistically (etymologically) rather than ijtihad in terminology, as it is practiced within the domain of mujtahids, who serve as the gateway for jurists and followers of schools of thought (not the imams of the schools) in issuing legal judgments or providing fatwas. The principle of safeguarding the primary sources of Islam by Nahdlatul Ulama through the mechanisms of contextualization of jurisprudence (fikih), transformation of methodology, and the evolution of fatwas into research findings. The primary sources of Islam that are protected are the universal values contained in the holy texts elaborated in usūl al-khamsah (the five fundamental principles); hifzh ad-dīn, hifzh al-nafs wa al’irdh, hifzh al-‘aql, hifzh al-nasl, hifzh al-māl.

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