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NUANSA FIQIH SOSIAL By Sahal Mahfudz


 

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KH. MA. Sahl Mahfudh (Rais Aam NU) is an expert on Fiqh (Islamic law). His skill in the field of Islamic law was no doubt. Since young, he seemed to have hard-wired to master the science of usul fiqh, the Arabic language, and Social sciences.
This fact clearly can not be separated from family factors. Mahfudz was born of a family set in boarding schools, on December 17, 1937. Therefore, from childhood he was educated and brought up in the spirit of maintaining the degree of mastery of the traditional religious sciences. Moreover, under the tutelage of his father, Kiai Mahfudh Salam, who is also a powerful kiai, and a younger cousin of the deceased Rais Aam NU, Kiai Bisri Syansuri.
After that, Mahfudz then Nyantri to Kiai Kiai Muhajir in Kadiri and Zubair Sarang, Lasem. In itself there is a tradition of absolute obedience to the law in the books of fiqh and total harmony with the moral ideal of the traditional clergy demanded. Or in terms of boarding schools, there is a spirit tafaqquh (deepening knowledge of religious law) and the spirit tawarru '(moral sublime).
No wonder Mahfudz Gus Dur-term borrow-then 'be good' from a young age. Not yet reached the age of 40 years, he has demonstrated a powerful ability in fiqh forums. Proven at trial Bahtsu various Al-Masail held quarterly Syuriah NU Central Java, ai already active in it.
This book is a true summary of some of the (only) Mahfudz scattered writings on various pages of newspapers, scientific journals, and seminar papers. In many instances, Mahfudz always urge people to understand the contextual fiqh. According to him, the assumption of formalistic Jurisprudence remains a latent problem, so it is not uncommon-fiqh in this book of yellow-regarded as the second holy book after the Qur'an should be treated as the norm dogmatic and inviolable. Therefore, exploring the nuances of Social Jurisprudence is very urgent effort. What is social jurisprudence?
Can be briefly formulated, the paradigm of social jurisprudence based on the belief that jurisprudence should be read in the context of three types of solutions and fulfillment of human needs, which is the primary requirement (dharuriyah), secondary needs (hajjiyah), and tertiary needs (tahsiniyah). Social jurisprudence not merely as a tool to look at every issue of white sunglasses, as usual jurisprudence perspective we find, but more to put social fiqh jurisprudence as a paradigm of social meaning.
As the result of a series that has been formulated in collaboration with NU halaqah Rabithah Ma'ahid Islamiah (RMI) and the Association of Islamic School and Community Development (P3M), social jurisprudence has five main features that stand out: First, the interpretation of fiqh texts contextually. Second, the pattern changes bermadzhab, from bermadzhab textually (qauli) to bermadzhab methodologically (manhaji). Third, where the teaching of basic verification of the principal (usul) and where the teachings of the branches (furu '). Fourth, the jurisprudence presented as social ethics, rather than the positive law of nations. Fifth, the introduction of methodological philosophical, mainly related to cultural and social.
In view Mahfudz, the idea is not too excessive. Yet contextual understanding does not mean to leave and took fiqh absolutely. It is precisely with such an understanding, all aspects will be terjiwai kehidupoan behavior by conceptual jurisprudence and jurisprudence do not deviate from the rail itself. At a minimum, yellow book will not only favored by the students, but also by anyone who is interested in reviewing references of Islamic thought.
It can not be denied, this idea appears with increasing socio-political meaning of anarchy in Indonesia. Thought jurisprudence, like it or not, and then experienced a shift: the truth of jurisprudence as a paradigm of orthodoxy became the paradigm of social meaning. If the former subjecting reality to the truth of jurisprudence, the latter used as a counter discourse of fiqh in the wilderness of the ongoing interpretation. If the former shows a black and white nature of looking at reality, then the second shows a nuanced character, and sometimes complicated in dealing with reality.
Well, Mahfudz Explores the social jurisprudence of the real struggle between religious truth and social reality that is still lame. A real test of the relevance of religion in the lives of actual companies to create a nuanced jurisprudence social character.


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