Pendekatan maqasid shari'ah dalam fiqh Indonesia: studi tentang evolusi metode ijtihad di majelis tarjih Muhammadiyah

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Kholishudin, Kholishudin (2020) Pendekatan maqasid shari'ah dalam fiqh Indonesia: studi tentang evolusi metode ijtihad di majelis tarjih Muhammadiyah. PhD thesis, UIN Sunan Ampel Surabaya.

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Abstract

This dissertation inspired from the phenomenon of Muhammadiyah fiqh which is not single but reflects multiple faces. Since the formation of the Tarjih Council in 1927 until now, in the course of its historicity after crossing several phases and at certain phases which has given rise to characteristics of fiqh that are different from other phases, such as textual, rigid, purification, substantial, and contextual features. To analyze the phenomenon above the maqasid al-shari ’ah approach will be used, Ibn Bayah's perspective and Hassan Hanafi's fiqh theory applied as a reading tool in the evolution of the Tarjih Assembly ijtihad method. In this study, it answers the formulation of three questions: 1) What is the view of the Tarjih Council about maqasid ?; 2) How is the implementation of ijtihad maqasidi ?; 3) What is the evolution of the ijtihad method in the Tarjih Assembly? The results of this study are: First, Tarjih Majelis figures have the same perception that maqasid in Islamic teachings bring benefit to humans. They differ in their scope and method of revealing maqasids. Some figures interpret maqasid in the scope of classical maqasid which originates from the argument of qat'i. Since 1995, the Tarjih Assembly has seen and developed maqasid towards the scope of contemporary maqasid content. Second, ijtihad maqasidi is applied in contemporary muamalah problems, the legal status of the problem uses textual and contextual methods. Third, the evolution of ijtihad method in tarjih manhaj has crossed 3 phases, namely: a) mono disciplinary method, since 1927-1964 istinbat style with direct interpretation from the source of the law of the Qur'an and al-Sunnah. Without involving instruments or methods are built by the proposals, the product of fiqh is about the faith and worship of the Mahdah. b) istinbat law from the al-Qur'an and Sunnah, and using paratextual methods, such as qiyas and others as a means of law disclosure, fiqh products about muamalah, c) multi-disciplinary namely the method of istinbat not only using al-ulum al-shar 'iyyah but also other disciplines such as history, sociology, anthropology as a response to the complexity of the problems faced. This research has implications for the emergence of a paradigm shift in the management of the Tarjih Council from mono-discipline to multi-disciplinary while giving birth to diverse fiqh typologies because between istinbat methods and fiqh patterns there is always a correlation. Thus the Tarjih Council which has developed and used the multi-disciplinary tarjihmanhaj is expected to continue to perform tajdid in line with the dynamics of his time. Because fiqh products are contextual in nature, general benefits are born from multi-disciplinary management.