Crisis Of Fiqh Reasoning (Interpreting The Perspective Of Jabirian And Hamadian Epistemology)

Abstract

Many people believe that fiqh is no longer dynamic, adjusting to any changes which take place among Muslim community. Worse, fiqh is considered as the greatest challenge which hinders development because it has not covered various legal aspects. Therefore, it is not surprising that fiqh now seems to be paralyzed provided that it now suffers from serious problem. This article discusses crisis of fiqh reasoning using the epistemology introduced by Muhammad Abed Al-Jabiri and Muhammad Abu Al-Qasim Haj Hamad. By the presence of this article, it is expected that fiqh could return to its healthy state and could respond to various classical and contemporary questions using the perspective of Jabirian and Hamadian epistemology. The Jabirian perspective was explored systematically, analytically, and logically using a very monumental work by Al-Jabiri, namely “Madkhalila Falsafat al-‘Ulum al-Aqlaniyyah”. In fact, the cultural composition which shapes classical reasoning to understand the Quran can only be explored using the latest epistemology or philosophy, combined with Islamic concepts. Al-Jabiri explained the dominance of Bedouins and their impacts in interpreting the Quran. On the other hand, Haj Hamad wanted to maintain Islamic law as a religion of mercy and to free the Quran from the narrow-mindedness of theology into universal horizon. Therefore, Al-Jabiri and Haj Hamad interpreted tasyri` al-munazzal and explained the relativity of tasyri` by correlating it with historical conditions, thus the interpretation will not lose fiqh reasoning.