Fikih kebangsaan Hadrat Al-Shaikh Kh. Muhammad Hasyim Asy'ari: studi tentang aktivasi Maqasid al-Shariah dalam Pemikiran dan Fatwa

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Syamsuri, Syamsuri (2020) Fikih kebangsaan Hadrat Al-Shaikh Kh. Muhammad Hasyim Asy'ari: studi tentang aktivasi Maqasid al-Shariah dalam Pemikiran dan Fatwa. PhD thesis, UIN Sunan Ampel Surabaya.

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Abstract

This study explores the theological foundation, characteristics,and application of maqasid al-shari'ah for Fiqh in Nationality of Hadrat al-Shaikh KH. Muhammad Hasyim Asy'ari. Kiai Hasyim, on the one hand, is known as a 'traditionalist ulama who is more inclined to the sect of qauli. On the other hand, his fatwa and perspectives are related to the notion of nationality approving the renewal of fiqh, which suits the context of its time.The research questions of this study are 1) What theological foundation is used and how are the characteristics of Kiai Hasyim’s Fiqh in Nationality? 2) How is maqasid al-shari 'ah applied in the context of KH. Hasyim’s Fiqh in Nationality? The research employs qualitative descriptive library research, which is also known as bibliographic research, and uses the theory of maqasid al-shari’ah by Ah}mad al-Raisuni as an approach.The research found that: 1) the Nationality Fiqh of Kiai Hasyim has a strong theological foundation on the basis of QS al-Hajj: 39-40 and hadith both in the form of aqwal (word) and af'al (action) of the Prophet, which shows his love for Medina. Kiai Hasyim's Nationality Fiqh has three characteristics, namely: Choosing harsh laws that give a negative/detrimental effect on invaders, choosing easy laws that provide benefits to Indonesian people, and reinforcing religious identities to fuel the struggle against invaders.2) The idea of Nationality Fiqh of KH. Muhammad Hasyim Asy’ari establishes ijtihad based on maqasid al-shari’ah. The application of maqasid al-shari 'ah in Kiai Hasyim's Nationality Fiqh can be perceived from these three points: maqasid 'ammah (general purpose), maqasi d khassah (special purpose), and maqasid juziyyah (particular purpose) of the Nationality Fiqh product. The determination of maqasid al-shari'ah in the Nationality Fiqh of Kiai Hasyim consists of primary and secondary sources. The primary sources are al-Qur'an and hadith, whereas aqwa l al-fuqaha becomes the secondary one. The method of determination of maqa>sid al-shari'ah found in the Nationality Fiqh of Kiai Hasyim understands nass through zahir al-nass, continues up to the understanding of maqasid al-khitab/al-kalam and maqasid al-ahkam. Kiai Hasyim as a loyal follower of mazh ab, however, does not have an independent understanding of nass, in the sense that he adopts opinions of other scholars scattered in the Book of turath as supporting references.Typology of KH. Muhammad Hasyim Asy'ari in determining maqasid al-shari'ah belongs to the group of nasusi - Turathi - maqasidi, which involves turath as the mediator between nass and maqasid. Such typology is developed from that of the determination of maqas id nususi - maqasidi introduced by al-Raisni.