The Progressiveness of Sharia Economic Fatwas: Direction of Islamic Legal Thoughts within NU and Muhammadiyah

Abstract

This research aims to analyze the Islamic legal thoughts of Nahdlatul Ulama (NU) and Muhammadiyah concerning Islamic economics in Indonesia. The research is based on fatwa documents from Lembaga Bahtsul Masail NU and Majelis Tarjih Muhammadiyah from 2000 to 2019. This study found that the method of ijtihād used by NU has shifted from a textual-conservative (qawlī) approach to a contextual-progressive and methodological (manhajī) approach. Meanwhile, the method of ijtihād used by Muhammadiyah is characterized as progressive-dynamic, employing three approaches: bayani, taḥlīlī, and istiṣlāḥī. The decisions of LBM NU in Islamic economics predominantly use the qawlī method, followed by the ilḥaqī method, and subsequently, the manhajī method. The qawlī method is most frequently used because it adheres to the procedural stages of NU's traditionalist pattern, where every legal issue is ideally referenced to authoritative madhhab books. If the issue cannot be resolved using the qawlī method, the ilḥāqī and manhajī methods are employed. This indicates that the manhajī method is used when the qawlī and ilḥaqī methods cannot provide a legal answer. On the other hand, Muhammadiyah's MT method in Islamic economics has evolved. Initially, the tarjīḥ methodology was monodisciplinary, referring issues back to the Quran and the Sunnah. Subsequently, the tarjīḥ methodology became monodisciplinary-pretextual by employing various methods. Eventually, the tarjīḥ methodology became multidisciplinary regarding methods, approaches, and techniques.