'URF - BUDAYA SEBAGAI SUMBER HUKUM ISLAM | Ngaji Ushul Fiqh 13 untuk Pemula - Harakah Islamiyah

Summary

The video discusses the role of culture as a source of Islamic law, referencing Sheikh Muhammad Mustofa az-Zuhaili’s view in his book 'Al-Wajiz Fi Ushulil Fiqh al-Islami.' It explores how cultural practices, or 'urf,' can serve as legal evidence in the absence of clear guidance from the Quran, Hadith, or consensus. The video distinguishes between different types of 'urf'—linguistic, habitual, universal, and specific—and outlines conditions for their acceptance as Islamic law. It emphasizes that cultural practices must align with religious texts and be universally recognized to be valid sources of Islamic jurisprudence.

Takeaways

• 😀 Culture can serve as a source of Islamic law when there is no clear guidance from the Quran, Hadith, or consensus (ijma').
• 😀 Sheikh Muhammad Mustofa az-Zuhaili argues that positive cultural practices can be used as legal sources in Islamic law.
• 😀 Culture is considered a valid source of law when it aligns with Islamic teachings and does not contradict the Quran or Hadith.
• 😀 The concept of 'urf' (culture) in Islamic law includes various types, such as language, habitual practices, and technological advancements.
• 😀 'Al-'Araf al-Khali' refers to cultural practices related to language, like how 'meat' can have different meanings in different cultures.
• 😀 'Al-reef al-‘Amaliah' refers to habitual actions, such as the annual tradition of 'mudik' (returning home) in Islamic communities.
• 😀 'Al-harfu al-‘Amma' includes universal cultural practices, like the global use of digital payments.
• 😀 'Al-harfu al-Khas' refers to specific cultural habits practiced by individuals or specific communities, such as reading Yasin on Friday nights.
• 😀 There are two main opinions regarding culture as a source of law: one supports it if it aligns with Islamic values, while the other says it must not contradict the Quran and Hadith.
• 😀 Scholars have agreed in practice to use cultural practices in legal rulings, but only when these practices meet certain criteria: they must be universal and in harmony with Islamic texts.

Q & A

What is the main topic discussed in the video?

The video discusses the role of culture as a source of Islamic law, explaining how cultural practices can sometimes be used as legal evidence in Islamic jurisprudence when there is no clear directive from the Quran, Hadith, or Ijma (consensus).

Who is the Islamic scholar mentioned in the video, and what is his view on culture as a source of Islamic law?

The Islamic scholar mentioned is Sheikh Muhammad Mustafa al-Zuhaili. He states that positive cultural practices can serve as legal evidence (dalil syari) in Islamic law, especially when there is no clear guidance from the Quran, Hadith, or Ijma. In some cases, culture can even take precedence over other sources of law.

What does the term 'urf' refer to in the context of the video?

'Urf' refers to cultural practices, traditions, or customs that can be considered in Islamic law. It includes various types of cultural practices, such as language (al-'urf al-lisani), habitual actions (al-'urf al-amali), and specific local customs (al-'urf al-khas).

How does the video explain the concept of 'al-'urf al-lisani'?

The video explains 'al-'urf al-lisani' as cultural practices related to language, such as the specific way certain words or terms are understood within a community. For example, the term 'daging' (meat) in some cultures may refer only to land animals, excluding aquatic animals.

What is 'al-'urf al-amali', and can you give an example?

'Al-'urf al-amali' refers to cultural habits or actions that become ingrained over time in a society. An example given in the video is the annual tradition of 'mudik' (returning home for holidays) in Indonesia, which is widely practiced and brings comfort and joy to the people.

Can you explain 'al-'urf al-khas' as mentioned in the video?

'Al-'urf al-khas' refers to culture or customs specific to a particular individual or community. An example from the video is the custom of reading Surah Yasin on Friday nights in some communities, which is a practice not necessarily followed by all Muslims.

What are the two main groups regarding the use of cultural practices (urf) as a source of Islamic law?

The two groups are: one group believes that cultural practices can indeed be used as a source of Islamic law, as supported by Quranic verses like Surah Al-A'raf, while the other group rejects it, stating that any cultural practice must be measured against Islamic texts (Quran and Hadith) to ensure it does not contradict established law.

What is the Quranic verse referenced to support the use of culture in Islamic law?

The Quranic verse referenced is from Surah Al-A'raf (7:199), which mentions the importance of forgiveness and following the customs and traditions of a society, implying that cultural practices can be a legitimate part of Islamic law.

What are the two conditions that must be met for culture to be considered a valid source of Islamic law?

The two conditions are: (1) the cultural practice must be universal, meaning it is practiced widely across society, and (2) it must not contradict the core texts of Islam, such as the Quran and Hadith.

What is the conclusion made by Sheikh Muhammad Mustafa al-Zuhaili regarding the use of culture in Islamic law?

Sheikh Muhammad Mustafa al-Zuhaili concludes that the debate over the use of culture in Islamic law is largely theoretical. In practice, Islamic scholars do consider cultural customs when formulating Islamic legal rulings, as long as these customs align with Islamic principles.