THE CHANCE ON ISLAMIC FAMILY LAW STUDY IN INDONESIA

Abstract

Among the numerous problems frequently discussed by Islamic jurists is the separation of Muhammad's functions between as a Prophet or Apostle and as the head of a state. Sunnah as a reflection of the former must be carried out as it is, while the sunnah that represents the latter should be seen through adjusting the context to particular places and times. In general, the former is much related to the issues of ritual practices (Ibadah / God worshiping) which are regarded static or fixed in nature; probability of changes and development does not seem to appear in this domain although diversity does exist. Contrawise, a study on Muhammad's function as the head of state will experience progressive changes because it involves changes of variables such as time, place, circumstance, motivation, and tradition. However, due to the nature of bidimensionality of Islamic law, Muhammad's gait as the head of state is inseparable from the textual content of revelation which is rigid in nature; such particular content will stay unchanged across space and time. This content is called "value" (e.g. Syamsul Anwar), or maqāṣid al-syarī`ah (al-Ghazali, al-Syāṭibī, al-Ṭūfī, Ibnu Asyūr) or — ratio legis (Fazlur Rahman). The law can experience changes in adjustment to space and time under the same textual content in use as a guide