Ibrahim Hosen’s Nine Methods of Ijtihad to Anticipate Religious Social Problems

摘要

According to Ibrahim Hosen, the flexibility, elasticity and dynamism of Islamic law (syari'ah) makes itself compatible for all conditions and situations and applicable throughout the ages. The element of dynamism and flexibility would appear to be more prominent in Islamic law category. Not only because of the role of ijtihad in it, but also, in terms of its application fiqh should follow the conditions and situations as well as the times. This studyshows that though his book, Islamic Law Reform in Indonesia, Ibrahim Hosen offers new principles of ijtihad. All of Ibrahim Hosen’s thought related to the issue of construction, way of thinking,academic arguments, articulation and rules of ijtihad and its implications in responding and anticipating social and religious problems are very interesting to study through his books and writings directly or written by others. In accordance with the research problem, this research found: 1. The Nash both Qura’ n and Al Hadith are not the sources of the legal proposition which requires method for understanding (contextual) in its application. Classification should be carried out in Al – hadith including Tasyri'ul Ahkam hadith and the one which does not include Tasyri>'ul Ahka>mhadith. Similarly, the application of Fiqh should follow the conditions and circumstances accordance with the demands of the times. The main goal of Fiqh is to benefit people, then the exact meaning of Ibrahim Hosen’s 9 rules is to perform ijtihad Qat}’i become fiqh through ta'aqquli approach. 2. Both Syari>'ah and fiqh are based on simplicity and spaciousness principles which are based on seven principles: Isqat, Na’qs, Tabdi’l, Taqdi>m, ta’khi>r, tagyi>r and Rukhs} ah. With these principles, Ibrahim Hosen analyzes texts from mafhu>m side, instead of Mantu>q side through tafsir and ta'wil bil-aqli which stems from understanding dalalah Isyarah nash and dala>lah Nas}. This is the thing which makes Ibrahim Hosen’s legal thought progressive - revolutionary and looks to a better improvements even though his fatwa often differs from the mainstream and invites contraversies but it’s scientific truth must be upheld. 3. Ibrahim Hosen is one of Indonesian fuqaha' who tried to open widest door of ijtihad through manhaji sect implementing scientific truth principles. From here born two models, namely juristic or language analysis ijtihad model and context analysis model which created ijtihad anticipatory type, integralistic type and elective type. 4. By expanding the scope of social changes that affect all aspects of life where the pattern of utilitarian life becomes popular, then grow the spirit of al- intiqa'i both old and young ulama’(scholar). By tinkering texts and making qat’i into fiqh on tatbi law, then fiqh becomes progressive in responding to religious and social problems such as family law, economic, social, political and state structure through a renewal meaning of the methodology with rational considerations . Key words : ijtihad, nine methods, anticipate, social problem,