Ulumuna

23-58

Authors: Mutawalli

The Islamic law in Islamic thought tradition is viewed as significant knowledge for development of other Islamic knowledge. However, in an epistemological area, the concept of Islamic law provokes debates in terms of its implementation, for example, whether it is considered syarî‘ah or fiqh? Such question is always raised by contemporary Muslim thinkers like Muhammad Sa‘îd al-Asymâwî. Al-Asymâwî’s question is related to his paradigm that firmly differentiates syarî‘ah (Islamic law) as religious teachings and fiqh (religious thoughts). Syarî‘ah is Allah’s ways and methods consisting of values and principles that are flexible following community movement. While fiqh is Muslim scholars’ deduction, exploration and interpretation of Al-Qur’an and Sunnah, it is limited to times and spaces. Consequently, according to such paradigm, some Islamic orders that are considered authoritative by the majority of Muslim scholars should be reviewed such as Islamic inheritance, criminal and political laws. With this approach, Al-Asymâwî is claimed as a real guard of liberalism and secularism among Muslim thinkers.

81-108

Authors: Kasjim Salenda

Terminologically, the term of terrorism is not found in Islamic knowledge treasures. However, terrorism as an action has occurred along the Muslim history. This writing tries to trace concepts that contain meanings of terrorism in Islamic law. Examples of the concepts are al-irhâb (irhâbiyyah), al-hirâbah (robbery), al-baghy (rebellion), qâthi‘ al-tharîq or quththâ‘ al-tharîq (hijacking), and al-‘unf (an antonym of gentleness). Actions meant in such concepts are categorized as terrorism because they bear violence, cause people’s panic, material and physical damage, and have political aims. Such terror actions, even if they are committed based on Jihad order, such as murder, hijacking, bombing, robbery and intimidation are forbidden and can not be legitimized because they are contradictory to Islamic teachings which forbid acts of damaging in the earth, to the principles of al-dlarûriyyât al-khams (preserving five human basic needs), humanity, justice and deliberation in Islam.

141-169

Authors: Rusli

This paper deals with the controversy that occurs between Akhbârî and Ushûlî within Syî’ah Imâmiyyah’s thought. The controversy lies on the legal methodology employed in understanding the will of God after the great occultation of the twelfth Imam. Akhbâri, which is literalist in nature, tends to absolutely get rid of reason as a means of deriving Islamic laws, while insists on revelation and akhbâr of the Imams. They strictly hold that Shi’ites must absolutely follow such twelve imams, since it is only they who are able to accurately interpret the Quran. On the other hand, Ushûlî allow the use of ijtihâd (legal reasoning) into a great deal in making legal decisions, and also argue that a Shi’ite must abide by mujtahid (legal experts), as well as the Imams. Therefore, they can come up with vital concepts in a religious life of Shi’ites nowadays, such as marja‘ al-taqlîd and wilâyat al-faqîh.

189-216

Authors: Ahmad Arifi

Fiqh as a product of thoughts always faces changes and developments. Similarly, NU’s fiqh develops in line with NU communities’ dynamics. Therefore, differences and diversities in NU fiqh must exist. In this context, the principle of al-muhâfazhah ‘ala al-qadîm al-shâlih wa al-akhdz bi al-jadîd al-ashlah, which is attributed to NU, compromise two contradictory sides, that are classical heritage (al-turâts al-qadîm), which becomes a source and base for NU religiosity, and changing forces of eras and communities (al-tajdîd). This process, then, results in emergence of three groups in NU: the first accepts al-turâts as a final truth and a source for solving any problem in present communities, the second accepts al-turâts but it must be contextualized by considering communities’ benefits, the third views al-turâts as out of date and irrelevant to the present contexts so that individual interpretation and judgment (ijtihad) is a must.