KONTEKTUALISASI HUKUM ISLAM (Telaah Atas Pembaharuan Hukum Islam Di Indonesia )

Abstract

Ideas and movements on contextualizing Indonesian Islamic law has been initiated in conjunction with the reformation of Islamic thought as a whole. However, so far Islamic law reform has been approached in partial. Meanwhile the study on the understanding of the contextualization of Islamic law conducted by scholars, Indonesians and foreign scholars, has flourished. There are many thinkers and observers concerned about the problem with varied pattern of understanding, including contextual understanding. Identification is not always correct. However, from the point of view of university and pesantren scholars, this may be correct. Thinking about the need of Islamic law reform necessitates consist and high concern from Muslim thinkers in accordance with the methodology of Islamic law formulated by previous scholars. But Islam is a universal religion and not limited by space and time. The quran states that Islamic teachings apply to all mankind. Therefore, Islam should be accepted by all people regardless their situation and condition. This also in the case of modern society, Islam is certainly required to be able to face the challenges of modernity, because Islam is shalihun li kulli zaman wa makan. Islamic civilization is nothing but the result of the accumulation of Muslims struggle when dealing with the dialectic between normativity doctrine and historicity of Muslim experience changing through the time. Relations between those two dimensions have always enlivened Islamic thought. To what extent the normativity of doctrine encased in historical experience of humans can be practiced in the present and future. Dialectical process has accurs along with the expansion of humans problem in life and this will necessitate Islamic law reform as an answer or solution.

Keywords: Contextualization, Islamic law, Indonesia