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The Idea of Maqashid in Understanding Islamic Law
By: Saifuddin Dhuhri | The writer is an analyst of Islamic Law and Islamic Boarding School System in Aceh.

 

  The use of words sharia -Islamic Law- and democracy in contemporary context used by Mashudi SR (Sharia within today's context (02/02/07) and Towards democratic sharia  (01/17/07) needs redefinition.  

 

         This great Sharia teachings will be blurred were we trapped into wrong interpretation. For example, understanding Islam in the contemporary context and democracy (Mashudi on Aceh Institute website) was a contradictive understanding. It was misleading and might lead to distort understanding. Aren’t sharia (Islamic law) and democracy in ‘contemporary context’ two different words?

Democracy is governance system which covers division of authority to executives, legislatives, and judicative. Connecting sharia and democracy is misleading even distorting, because democracy is a system of authority and sharia is religious teaching which does not only focus on authority, but also goes to current and life after death matters.

Contemporary context is term often used to define text. Context is the opposite of text. Text is a written or explicit construct which consist of words. Context or an inferred meaning is thought(s) and background that create text. To combine text with current situation can then mean as trying to change the text of the Holy Koran sent during the era of The Prophet Muhammad (PBUH).

Defining current context may lead into changing all the teaching or sharia and creating a new meaning even new teachings asserted as Islamic Protestant (the idea was suggested by Fuad Mardhatillah in Aceh Institute mailing list, yet no further explanation was given regarding the subject). Subjectivisms are often caught up in diminishing the words which later lead into misleading interpretation or epistemology. This is dangerous because it creates soulless or transcendental words (Immanuel Kant) and Idea (Plato).

This phenomenon started since the era of Sophia where Socrates and Aristotle had to clarify all the confusion for Gorgias. In term of sharia, it was caused by poor methodological analyses, looking at religion as an absolute difference from Christianity or church power.

Islam is a flexible religion that embraces the past, present, and the future. The idea of Maqashid (plural form of ‘will’), for example, helps us view the religion in time and space scheme. Sharia is divided into two Maqshud (will). First is called “God’s will” and second is called “human’s will”. God’s will is all sharia or Islamic teachings and they are absolute or tsawabit (an Arabic word for absolute). People chose either to accept the absolute nature of the law or decline it. To accept is called to be a Muslim and to decline is to be a non-Muslim. This is aqidah (basic teachings of Islamic faith), fixed and absolute rules (qad’I dilalah and tsubut). For example, believing in oneness of Allah (the God), believing in the responsibility to observe shalat (prayers) five times a day, the two-raka’at (set of prayer ritual) dawn prayer, four-raka’at mid day prayer, and so on.

We might question why should absolutism exist in Islam? Human are not to interpret these principles to avoid principle differences in Islam as it has happened in fiqh (Law retrieved from Koran and hadith by Islamic scholars) resulting in the foundation of mazhab (interpretation of Islamic rules) Hanafy, Maliky, Syafi’y, and Hambaly as been noted by Muhammad Dayan, S.Ag in his journal in Serambi Indonesia: “Syari’a: way of truth” (02/16/07). Had we done so, as if we had allowed Moslem to have ten Gods, do not observe prayer, can convert to any faith and finally they will lose their Islamic identities.

Absolutism does not only appear in Islam. In fact, it is true for all religions and sciences as well. Let see mathematics truth analogy (Axioma). Axioma is an absolute truth and without logical reasoning to receive or refuse it. Why do we claim 1 + 1 = 2 is true? Why not 10, 20 or else? Using logic and experiment, this mathematics problem is evident. A scientist will lose his credibility once he does not believe in logical reasoning and analogy. 

Refusing the absolute truth of aqidah (Islamic tenet) is refusing oneself from Islam. Taking it in, on the other hand can be a foundation for Muslim to believe in ijtihad (effort done by Islamic scholars to draw law from Koran and hadith), create the law, develop one’s religious understanding, and so forth. Recognizing absolutism in religion does not necessarily mean that our religion is rigid or out dated. In fact, only 20% of Islamic law, including about God, is absolute, meanwhile another 80% is open for ijtihad and interpretation. 

This huge portion, 80%, accommodates social and worldly affairs. It is relative, subjective, and can change depend on time and context. This part is also known as maqashid ibad.

Understanding text without considering transcendental portion may lead into misleading comprehension resulting in distorted epistemology.  The use of words ‘syari’a and democracy’ in contemporary context as written by Mashudi SR (Syari’a in contemporary context (Wednesday, 02/07/07) does, therefore, concern me.

Should we look deeper into the matter, there is no reason to take democracy in, while putting religious absolutism away, because democracy is recognized in Islam and, in reality, part of ijtihad. What it is good for Muslim to run the country is also good for religion; in contemporary context, also, Islam provides its followers huge opportunities for worldly gain which is called in maqashid syari’at as: “jalbu mashalih wa dar’ul mafashid” –obtaining the good and leaving the bad.  

Probably, the primary problem in Islam is how to deal with some people’s assumption that western civilization is standard of development and modernism is always translated into contemporary context and westernized-democracy. The fact that Islam is very moderate and open its door for the Western civilization, does not have to mean that Islam will have to adjust to anything from the western world.

Throughout the history, Islam has three views towards the West. The first: completely against everything from the West, especially with westerners; thus resulting in series of terrorism actions to accommodate their point of view. However, this point of view does not root from Koran and hadith; rather from accumulation of desperation to accept the fact that we are far left behind and authoritative exercises against the grass root.

The second: taking everything from the West. The writer assumes that some of us are trapped in the scheme of idolizing western culture. The third is the middle party; selective and critical in their interaction with western culture as the later has also been very critical toward “the oriental”. This attitude is promoted and used in Islamic law application. The first attitude is mainly drawn by resentment or over defensive action. The second is by inferior-complex. It was shocking when a secular Young Turkish Movement stated “There is only one civilization, which is European civilization. That is why we have to borrow western civilization, its roses and thorns”.

As part of Islamic law implementation, dialogue and interaction with the West, there are at least five steps we can do:

First: maintaining Muslim identity by learning more about both religious and other disciplines founded after the Prophet until the end of Islamic glory time. To get true and original source, Muslim intellectuals and scholars need to read from the first hand sources in their original language. It is hard to keep originality learning from non-Muslim Orientalist in English, France, German, or Italian.

That’s why Islam should be learned from books written by Muslim scholars in Arabic, not Indonesian, Persian, Urdu especially English, France, and other western languages. Once Islam is learned not from its original language and source, epistemological distortion will occur which resulting in self-truth claim as pointed by Snouckian (Snouck Hurgronje, a Dutch scholar studying Aceh and its people for the colonial power during the Aceh-Dutch war).

Second: learning western culture and the knowledge thoroughly. Muslims are supposed to learn western culture to increase their knowledge, unity, and prosperity, because a culture will not exist without a heritage from other culture. For example, caliph Umar bin Khattab learned from Rome’s and Persian development. Similarly, same practice was done by some of kings in Muawwids dynasty like Makmun and Muktasim 661 M – 749 M and in Abbasids like Al Manshur, Harun Al Rayid 750 M – 1258 M who transferred huge knowledge from Rome, Greek, India and Persia. 

Should we agree that early Islamic civilization was inherited from Greece, Persia, Rome, India, and China as part historical fact, we should also consider learning and translating all western knowledge to create the civilization. Meaning that running away or concealing from the west is wrong, choosing all without a proper selection is even worse, however, being selective of the benefits and the disadvantages of their nature are strongly advised.

Third: As when transferring the Islamic knowledge to the west, the Europeans were very selective, then, why should not we? The Europeans transferred practical knowledge only like medical, cosmology, mathematics, astrology, chemistry, veterinary, historiography, and botany. In addition, they also brought religious scholars and transfer Islamic studies into Christianity, as was done by Gerbert from Aucrillac. For his effort, later, he was promoted to Pope (999-1003).

Ironically, with Muslims today, instead of transferring practical knowledge, we incline to transform mind and soul of the West and impose culture, religion and our behavior to be like them to create Islam pluralistic. We supposed to have taken western practical technology and civilization and used it in the context of Islam preventing heartbreaking fraction experience to reoccur.

          Fourth: after all the previous processes, then we can start creating or recreating a real Islamic civilization. One thing for sure, the civilization will come and it belongs to Muslims, but either we start creating or, worse, ruining it?

          Muslim intellectuals should stand fast from the current. Roger Garudy in his book Islam promises (Bulan Bintang, 1984) described that Islam civilization is the third heritage for modern civilization after Greek and Judeo-Christian. Thoughtful mastery and understanding towards natural and social sciences are root for great civilization development.

Again, the question is, why did we force our selves towards one understanding? (Translated by TA)