Syariah Sebagai Kritik

This Android application is an explanation of Sharia as a critique of everyday life, politics and the future of Indonesian Islamic law by Mohamad Abdun Nasir. In Pdf format.

The history and contemporary dynamics of Indonesian Islamic law reveal a unique, not to say contradictory, phenomenon. Islamic law here includes a broad understanding, both in the sense of sharia (the norms and provisions of absolute and universal Islamic law based on texts, both the Koran and hadith), fiqh (Islamic law produced by fuqaha through ijtihad) and kanun (Islamic law that has been passed into state law) as well as its expression in various dimensions and contexts.

On the one hand, Islamic law is developing very rapidly and progressively, however, on the other hand, it is facing problems and even anomalies. The progressiveness of Islamic law can be seen from its broad scope and application for Muslims, such as worship and Islamic family law (both informally/voluntarily and formally through state institutions, such as in religious courts/syar'iyyah courts). It doesn't stop here. Islamic law has also been integrated into regional regulations,1 and has become part of the national legal system, such as sharia economic law which is applied in bank and non-bank financial institutions, both sharia and conventional.

Meanwhile, the other side shows the phenomenon of daily life among Muslims themselves which does not fully reflect the commitment to the "normativity" of Islamic ethics and law (ahkamul khamsah). The empirical-actual experience of everyday life of Muslims is still characterized by ambiguity and contradiction with the ideality and normativity of Islamic law, both regarding the areas of worship (ritual), muamalah (Islamic business law) and akhwalus syakhsiyah (Islamic personal and family law). ).

The realization of muamalah contracts such as in buying and selling, renting, wages, pawning and profit sharing, to name a few examples, is not completely free from elements of speculation and fraud (gharar). Likewise, the fields of marriage, divorce, inheritance and wills in the realm of Islamic family law are not yet completely free from coercion (ikrah), for example underage marriage, as well as exploitation and injustice (dzulm), for example in fulfilling the rights and carrying out obligations of husband and wife, which are very is strongly opposed to Islamic sharia.

Issues of the normativity of Islamic law are less the focus of in-depth and serious academic study among Muslim scholars at Islamic universities and rarely become the basis for self-assessment and scientific criticism of the actualization of Islamic law.

Academic attention to the study of the normativeness of Islamic law is generally limited to research carried out mostly by undergraduate students with a normative study approach which questions whether the issues being studied are in accordance or not in accordance with Islamic law; an approach that is less popular because it is considered apologetic, justificatory (judgmental in nature) and pseudo-theological.


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