SUMBER HUKUM ISLAM Oleh Ulul Huda, S.Pd.I., M.Si.

Summary

The speaker discusses the sources of Islamic law, focusing on the differences between Sharia and Fiqh. Sharia is described as fundamental and unchanging, derived directly from the Qur'an and Hadith, while Fiqh represents human interpretation, which leads to diverse understandings among scholars and communities. The speaker emphasizes the importance of respecting differing opinions, such as those between Nahdlatul Ulama and Muhammadiyah, as they arise from human interpretation, not fundamental principles. The talk also touches on the goals of Islamic law (Maqasid al-Shariah) and the importance of ijtihad in addressing contemporary issues.

Takeaways

• 🕌 The discussion centers around the sources of Islamic law, emphasizing the importance of *syariah* as the fundamental and eternal law from Allah and the Prophet Muhammad.
• 📜 *Syariah* is singular and unchanging, but its interpretation by humans results in *fiqh*, which can vary depending on scholars' understanding.
• 📖 The Quran and Hadith are absolute and unquestionable in their truth, while *fiqh* is the human interpretation of these sources, and thus open to differences.
• 🧠 *Fiqh* is not absolute but speculative (*zhonni*), allowing for diverse interpretations, which explains differing views in Islamic practices, such as those of NU and Muhammadiyah.
• 🛐 Differences between major Islamic organizations like Nahdlatul Ulama and Muhammadiyah are not rooted in the Quran or Hadith themselves but in their interpretations, making them non-fundamental.
• 🧑‍⚖️ The *fiqh* diversity is a result of varying scholarly backgrounds, social environments, and approaches, as seen in the different schools of thought (e.g., Hanafi, Shafi'i, Maliki).
• 📘 The methods of *Usul al-Fiqh* (principles of Islamic jurisprudence) also contribute to these differences, further showing that diversity in interpretation is natural and not problematic.
• ⚖️ Islamic law aims to serve five core purposes (*Maqasid al-Shariah*): preserving religion, life, intellect, lineage, and property.
• 🕋 The Quran and Hadith are the primary sources of Islamic law, followed by *ijtihad* (independent reasoning), which includes *ijma'* (scholarly consensus) and *qiyas* (analogical reasoning).
• 🔄 *Ijtihad* allows for the development of new rulings based on contemporary issues, such as zakat on modern professions, reflecting the adaptability of Islamic law to current times.

Q & A

What is meant by 'syariat' in the context of Islamic law?

'Syariat' refers to the fundamental and singular law from Allah, which is eternal and unchangeable. It encompasses the core teachings of Islam as derived from the Quran and Hadith.

How is 'fiqh' different from 'syariat'?

'Fiqh' is the human interpretation of 'syariat', specifically the Quran and Hadith. While 'syariat' is absolute, 'fiqh' is relative and may vary due to differences in interpretation among scholars.

What does 'koti' and 'zonni' mean in relation to Islamic teachings?

'Koti' refers to the absolute, unquestionable truths in Islamic teachings found directly in the Quran and Hadith. 'Zonni' refers to interpretations or opinions that are not absolute, resulting from human understanding of these texts.

Why do differences in fiqh arise among scholars?

Differences in fiqh arise due to varying interpretations of Islamic texts, influenced by the scholars’ social, cultural, and intellectual backgrounds, as well as the methods of reasoning they apply.

What is the nature of the differences between organizations like Nahdlatul Ulama (NU) and Muhammadiyah?

The differences between organizations like NU and Muhammadiyah are related to fiqh, not core principles of Islam. These differences are based on interpretations of Islamic teachings, but they share common beliefs in the Quran and Hadith.

How does Islamic law view the concept of interpretation within religious practices?

Islamic law recognizes that interpretations (fiqh) of religious practices can vary among scholars due to differing backgrounds, expertise, and contexts. Such variations are natural and accepted as part of the diversity in Islamic jurisprudence.

What are the five key objectives of 'Maqasid al-Shariah' mentioned in the transcript?

The five key objectives of 'Maqasid al-Shariah' are: (1) safeguarding religion, (2) protecting life, (3) preserving intellect, (4) safeguarding wealth, and (5) ensuring the preservation of lineage.

What role does 'ijtihad' play in Islamic law?

'Ijtihad' is the process of using reasoning and intellect to derive legal rulings for situations not explicitly addressed in the Quran or Hadith. It allows scholars to produce new legal opinions or rulings.

What is the difference between 'ijma'' and 'qiyas' in Islamic law?

'Ijma'' is the consensus of scholars on a particular legal issue, while 'qiyas' is analogical reasoning used to apply principles from known cases in the Quran or Hadith to new situations.

How does the concept of 'qiyas' apply to contemporary issues?

'Qiyas' applies to contemporary issues by drawing analogies from past rulings. For example, substances like alcohol were prohibited in the time of the Prophet Muhammad, and 'qiyas' extends this prohibition to modern intoxicants like certain drugs.