This thesis studies the proposal for an Indonesian fiqh, articulated by Muhammad Hasbi Ash Shiddieqy (1904-1975) as an effort to bridge the tension in Islamic law between revelation and reality (‘ada) in Indonesian society.
While such an indigenous fiqh can only be created through ijtihad, most Indonesian Muslims believed the gate of ijtihad to have been irrevocably closed and thus they vehemently opposed any suggestion toward creating an Indonesian fiqh. To make ijtihad possible once again, Hasbi worked hand in hand with the reformists with the call of “Back to the Qur’an and the Sunna.” The reformists’ program consisted of attempts to eliminate “non-Islamic” elements from Muslim life, to open the gate of ijtihad, to bring an end to blind imitation (taqlid) and to allow for talfiq, a comparative study of fiqh. In order to preserve the reformed law, Hasbi supported his idea of an Indonesian fiqh with a double principle, proposing the Indonesian fiqh’s focus on human relations (mu’amala) only with exclusion of the fundamental beliefs and rituals. He made consensus (ijma’), analogy (qiyas), juristic preference (istihsan), and custom (‘urf) together with the Qur’an and the Sunna, the proofs (adilla) of ijtihad, and hence, the sources of law (masadir al-ahkam). On the other hand, he made them the methodologies of ijtihad (turuq al-ithbat), by emphasizing the collective ijtihad (al-ijtihad al-jama’i/) or consensus as the only procedure that Indonesian Muslims should adopt. Hasbi also believed that a school of law (madhhab) would develop faster when adhered to by a government. An effort has been made in this thesis, therefore, to relate Hasbi’s otherwise abstract ideas of collective ijtihad to the political structures of the Indonesian Republic. This rather liberal interpretation is offered to help Indonesian Muslims hasten their attempts at creating an Indonesian fiqh, and at casting aside the “reception theory,” an expression of the Dutch legal politics of divide et empera which has no place in independent Indonesia.
Title: Hasbi’s theory of Ijtihad in the context of Indonesian Fiqh
Author: Yudian Wahyudi
Length: 50 pages