Applicating Hermeneutica on Women Islamic Law: Study on Khaled Abou el Fadl Thought on Women Fiqh in CRLO Fatwa

摘要

The debateble issues of fiqh which is still considered an unfinished reading, are the questions about "female jurisprudence". So far, fiqh products on women issues are considered discriminatory, disrespectful of women's rights even seem to harass women. In this sense, sharia is always regarded as the best, fair and balanced, while fiqh is just an attempt to achieve the ideals and goals of sharia (maqashid al-syari'ah). This article aims to analys the critique of Khaled Abou El Fadl to fatwa of Council for Scientific Research and legal Opinion (CLRO) which seems tend to textual authoritarianism model. Trough hermeutics approach this article finds that one of the most important breakthroughs presented by Khaled Abou El Fadl to fight authoritarianism is against the attempts of forcible conquest and the closing of the text by the reader. For him, the text remains free, open, and autonomous. In fact, the same idea was also presented by Farid Esack by understanding the Koran as "progressive revelation". The Living God is actively involved in the affairs of the world and Muslims. One of his manifestations is to send prophets as instruments of his progressive revelation. The characteristics of the Koran are also active and progressive as the gradual decline of the Qur'an (tadriji). Therefore, to avoid authoritarian attitudes is to remain aware that the text "a constantly changing work" or a "progressive revelation." So that all forms of interpretation and understanding will continue to be active, dynamic and progressive.