By Muhammad Habibi Siregar
Lecturer in State
Institute for Islamic Studies, North Sumatra (IAIN-SU)
Faculty of Dakwah and
Communication
Abstract
The harsh
statement by Robert N Bellah one of the prominent sociology toward Muslim
society “the social structure was made by prophet Muhammad is too sophisticated
in the uncivilized society in his era. The modern attitude was built in prophet
era to accommodate the all stake holders in society to form the desired society
for all. The charismatic leadership performed by the prophet astonishing the
native residents in Medina to acclimate him as the leader of Medina people. The
concept of the Medina tractate was forward step beyond their era is perceived as the first constitution
as a nation.
Key
Word: Sharia, Hadith, Modern, Ijtihad
A.
The
History of inter-connect between Fiqh and Canonical Hadith
Fiqh cannot be separated with tradition, therefore the
work done by Wael B. Hallaq that Islamic law is still dynamic with new ijtihad
(rational hermeneutic method) of the scholars throughout the phase questioned
by Calder.[1] Calder
questioning what exactly is Islamic law that the original is still there, for
him since the 10th century until the 19th century there was no law of Islam
which was born from the original methodology uses clergy and Islamic sources.
Because according to Islamic law during the 9th century adopted laws only from
the outside at least not only dwell on the problems that were discussed clerics
before the 5th century because the products produced by legal scholars began
after Imam Shafi'i stagnates with al-Risalah. It can be seen from the business
Qanun in the Ottoman Empire by importing products from the French commercial
law then labeled in Arabic and Muslims regard as Islamic law.
Unlike Calder, Wael B. Hallaq further understand that
Islamic law is dynamic and evolving, meaning he understands Islamic law is a
legal product that is practiced daily and legitimized by clerics who have
authority.[2] The
meaning of scholars who have authority here fatwas scholars who discuss issues
and then the fatwa fur'iyah practice within the larger community due the
support of the Islamic scholar who always deal with the different situation.
Although Coulson rejected individual fatwas after the 5th century H because it
has no scientific authority, he suggest that fatwa favored collective scholar
opinion in term of the current situation.[3] For Wael
B. Hallaq wait communally fatwa will take a long time meanwhile social behavior
changes very fast need to be responded
by giving fatwa furu '.
Indeed, when examined allegations that Calder ijtihad
in Islamic law already covered a point on one side when it refers to the fact
in the constellation ijtihad of the scholars until now only make the
process of Islamization of the products of existing law from West product. This
claim appear because no scientific evidence to prove the continuity of new
legal jurist product since the twelve centuries. Wael B. Hallaq also implicitly
recognizes that changes in Islamic law had evolved to the work done by contemporary
scholars fatwa furu' labeling effort initially Islam. It seems that
contemporary Muslim scholars acknowledge hard to get out of the circle of
stagnation there over the years. So the first step taken by labeling them
Islamic or borrow a phrase Ismail al-Faruqi and Naqib Alatas 'Islamization of
knowledge' when resources already meet the scholars will find the original ijtihad
in answering all the problems in the community, so Wael B. Hallaq using
terminology evolution in Islamic law. Since it is impossible to make Islamic
law Islamic revolution when the ingredients of the revolution came from mixing
outside (read: the West).[4]
further, Josep Schacht also acknowledge the opinion
that said the establishment of Islamic law began in the 3rd century AH, this is
due to the codification of a hadith sunnah (prophetic tradition) actually
created in this period that the establishment of Islamic law began in the 3rd
century AH that Joseph Schacht claimed the formation of hadith texts that later
became the basis of law. If so, how did the prophets of since Prophet Adam to
Prophet Moses, they did not receive the revelation of God in the form of book
or article but since the Prophet Moses to the Prophet Muhammad. Consequently
when referring to opinions of Joseph Schacht formed the basis of the law should
refer to the written sources means the prophets before Prophet Moses as
Prophets Noah, Abraham, Lot, and others they do not carry and spread the law of
God. Meanwhile, one of the main functions of a prophet delivered the law / rule
of God to the people respectively. Because humans since 3200 BC recognize text
with reference age of the letters contained in the wall pyramid (heliography)
in the ancient Egyptian as Pharaoh II or Pharaohs who oppose the teachings of
the Prophet Moses.[5]
Due to the rational back ground was why Allah sent
down a revelation the first time in the sacred text because people Moses era
had known the writings, it would be naive for Allah if he sent down revelation
in written formation to the people whom are not familiar with writing. However,
that does not mean the law has not been established in community before Prophet
Moses while the writing has not been found, and it was impossible.
Despite Muslim scholars will continue to experience
difficulties in term producing the original ijtihad coincide people's
growing problem. The obstacle will continues to experience tremendous growth
while using only conventional patterns (classical fiqh method). Amid one of the
weaknesses of the scholars so far in producing results that original ijtihad
latter are due less critical of the methodology classical scholars in
understanding the Qur'an and hadith, especially in matters of hadith. Even
though ijtihad stagnation became critical issue among scholars of law.
Because the pace of development of society is not comparable with the ability
of scholars to produce sufficient diligence in answering the question of
current issue. So often unwittingly dichotomy between religion and social
issues as the clerics who formed the de facto authority in solving society's
problems are not considered to have the capacity to solve the existing
problems.
The study of jurisprudence that focuses on behavioral
aspects mukallaf in society tend to be responsive, it means the study of
fiqh just reactive to societal attitudes with arguments based on texts or
ijtihad of the scholars. while the object of usul fiqh studies concerning the
Qur'an and hadith texts, the texts used as social engineering. Thus the study
of fiqh and usul actually interrelated and complementary but more study
jurisprudence can explore the area more freely because based on the dynamics of
the community. The problem is the study of jurisprudence that should be able to
reach all aspects of human life hindered by provisions that emphasizes
hierarchy classic books of traditions on top of that tends to privilege aspects
of ritual worship. So it can be proved so long Muslims are bound by the rules
that are ad-hoc as-canonical six book of hadith hierarchy regarded as something
that should not be contested if you do not want to say cult.
Then there are differences among scholars on the
subject of Sunnah, Sunnah tasyri'iyyah (prophetic legal tradition) and
non-tasyri' iyah (non-prophetic legal tradition).[6] The
challenge of the authentic of prophetic tradition emerged the perception the traditions
of the Prophet Muhammad shows that as a human beings are also wrong. Such as
the Hadith about palm fruit pollination event when Prophet Muhammad rebuked
their actions in the pollinated fruit and dates. Because apparently reprimanded
their palm crops being dropped so they complained about it. Meanwhile the
Prophet replied, "you know better the affairs of the world."
Traditions that match that showed the weaknesses of the Prophet Muhammad as a man that how al-Qarafi split the role of
Muhammad as the Messenger , leader or head of state, or as a human being.[7]
The magnitude of the effect hierarchy books of
traditions can be seen how well experienced classical scholars until now when
talking about the obliged ritual worship (mahda), so sometimes ordinances
of worship such as prayer may indicate to understand theology or in the case of
Indonesia (read: understand religious organization) incurred because of the
many opinions of scholars on the issue of worship ritual. But when they are
asked to solve problems arising from the escalation of development in
civilization and technology, they reluctant to answer due incapability. While
the Muslims’ confidence get a warranty from Allah, even Prophet Muhammad has
been to ensure that Islam is perfect religion which can answer all the
challenges nay time and any place. This claim usually remain embedded in the hearts of Muslims.
The Suggestion
is exactly what makes a variety of different perceptions among Muslims
represented by the scholars. There are sensible in Islam that Quran and Hadith have to answer
all the problems, they often apologic back to God's law, namely the Qur'an and
hadith but when they are asked how the essence of texts can be extracted in
response to the challenges.[8]
Sometimes there are also people who have a more realistic understanding the situation by trying to borrow methodology
or procedure scholarship from the outsiders and are used to address social
issues such as the problems of jurisprudence by using the Islamization. This is
in contrast to Western societies that have multi-players of the scientific
community that connects from the top level such as in Islamic Studies Ignez
Goldziher, Josepht Sacht weretranslated by Coulson, John Wansbrough, and was
greeted by Johansen, Gibbs, and described by the researchers centered in
Western universities.
The trick of infidel label, ingkar al-Sunnah, and
other misguided labels still haunts Muslim scholars, so many Muslim scholars
did not dare to resist mainstream opinion even its some unlogic. Meanwhile the
West has done with this issue ten centuries ago with the death of Bruno,
Capornicus were convicted as infidel as they opposed to church’s dogma. It can
be seen that Hadith scholars such as Imam Bukhari and Imam Muslim almost be
considered the equivalent to Quranic sacred text for many Muslims. Although not
spoken or written clearly but in practice criteria prophetic traditions of both
well known clerics are considered final and thus no longer changed. It triggers
the stagnation within Muslim world because there is no Islamic jurist as
capable as four founder mazhab (Islamic school of thought) after them, due
difficult for studies to develop jurisprudence.[9]
On the issue of the development of study about hadith
likely face the solid brick for scholars because of afraid the allegation to
whom questioned both in terms of the sanad and matan tradition, they will be called ingkar al-Sunnah.[10] In
contrast to scholars who study the Qur'an, they are rather free to challenge
the authenticity of Quran, without scaring
to be called ingkar Quran. Because Quran is considered a high authority
that it is impossible tainted.
B.
The
Ambiguity to face Modernity But Stuck in Past Glory
If
Modernity was defined as the something designated for advanced better
life for human being, surely Islam as the most categorized modern religion.
Because almost all aspects to endorse the modernity attached with Islam. Even
the first Surah al-Alaq ( The Clot, Read
!) in al-Qur’an mentioned with iqra’ mean recite ! the connection
modernity in positive aspects is very strong. Because Muslims’ contribution to
world civilization undeniable, Islam endorsed all the Muslims potency to become
the giant civilization in medieval era. And the invention by many Muslim in
mathematics, astronomy, medicine, philosophy, biology triggered many scientific
works by Muslims scholar far before westerns society know about the scientific
work.[11] But the
Muslim contribution was denied for long time by them only for recent days
little by little they want to recognize Muslim scholars for world civilization.
The different modernity between
Muslims and westerners, mostly Muslims scholars always connected his scientific
works with Islam and Allah, besides Muslim scholars identically with Islam. But
for westerners, they are not connecting with Christian, because their religion
almost unconnected with the advance and forward. And while Muslims were in peak
advance in wealth and knowledge was never found the moral problems in Muslims
society, because of the balance life between material and immaterial in Islam.
Unfortunately, reverse in western ultimate goal in science and technology but
in the other side inhumane themselves and many of western society lost their
faith to God and became immoral. The appear of atheist, hippies, chauvism as
the excess of the advancing science and
technology. There is missing here, the divine essence, for Islam almost
impossible to dismiss the role of divine essence of every Muslims in this
world. The divine essence must be involving in every aspect of life, without it
human will lost the path way to have happiness in world and next.
For Muslims the modernity as the gift to help them more understanding
about Islam and Allah. Look in pilgrim to Mecca is easier right to reach there
than past time with planes. Even the sophisticated technology can make Muslims
closer to Allah, Because many illustrations were described in al-Qur’an can be
proved by technology. Look at how al- Qur’an have described thousands years ago
about lake under sea, now it has be proven in Mexico’s sea. Or in the cave of ashabul
kahfi (young people fled from dictator king were asleep by Allah more than
three centuries) was found in Jordania . Or the body of fir‘aun (the second
pharaoh or Ramses two) not perish like Allah promised in al-Quran.
Actually, the modernity in Islam as the good news to develop humanity
and to explore the content of Quran and hadith. For others religions modernity
as the threat of their legitimacy because it consequently the transparency of
religion’s truth.[12] It
force their prominent scholars or clerics to change and renew the text of their
holy books instead of unrelated or contradicted with the current value.
The role of Islam in this term is very important unless Islam can
fulfill the missing link between knowledge and moral value. But the biggest
obstacle coming from Muslim alone, because many of Muslims still rigid to
implement of al-Qur’an and Hadis. It’s ever said by Mohammad Abduh who was the
former rector of al-Azhar University the oldest university in this world and
the prominent cleric Muhammad Abduh in nineteenth century that “Muslims were
left behind by Muslims alone.”[13]
There are three categories of Muslims to perceive about Modernity;
People who rejected the modernity and consider as the product of western
society who are assumed as infidels. People who accept the modernity but just
for the specific items to easier their acceleration but for some cases they are
still restricted in rigid manners like in Saudi Arabia.[14] Muslims
who believe that modernity is the solution to advance and regain their glory in
past time amid still observe the obligation to Allah without sacrifice their
own belief and value.
The Muslims who are living now but their
imagination about Islam still in medieval era, they implement Islam on behalf
obeying Islam totally until want to follow the behavior and style of life like
their predecessors. So they reject everything which is not practiced by the
early Muslims even they accuse the democracy as the result of modernity as the
rejecting value because of coming from western value. But in fact, if they
check carefully the value of the democracy if the democracy is assumed as the
people’s voice was practiced in the khulafaurrasyidin succession ( the firs caliphate after the death of
prophet Mohammad). The Muslims like this can be categorized like Taliban in
Afganistan or the few extreme conservative Muslims, their numbers are just few
but because their existence are often in spot light that make their numbers
likely majority in Muslim world but actually
very few.
The Muslims are perceived in this
category was the likely modern but in the reality not. Surely, if the
modernity’s definition was the using the most current tools like luxurious
cars, hotel, planes, or the high skyscraper buildings.[15] But the
mind of modernity to more transparency in any sectors was less, it make the
Muslims in this category to be more consumers of technology than the producers
of technology. The new trend of thought can be seen as the threat for conservatives
who enjoyed the status quo. And the new uprising of Muslim in Middle East
indicates the rejection toward the status quo but the cost of the revolution is
too expensive. The uprising in Middle East in 2011 starts in Tunisia and cross
to Egypt finally spread to whole of the region including Libya, Yaman, Bahrain,
Oman Syria,etc. The uprising appears to the surface because the attitude of the
ruling Government don’t want accept the change of opportunity and transparency
as the requirement living in modern world today.
The Muslims are categorized to the
people who hails the modernity as the chance for Muslims to resurrect from the
backward by affirming the science and technology and the modernity’s value to
energize the giant sleeping potency of Muslims. So for Muslims in this stage
mostly adapt the good value of modernity and reject the bad excess of it. In
fact, no perfect example about it but at least to close to the sample likely
Turkey now day under President Abullah Gull and Prime minister Tayyib Erdogen
who tried to transform Turkish from total secular begin to mix with spirit of
Islam. As long as they far away from Islamic Value makes them more suffered and
looked like alien the other dimension. So now, they redefine the existence of
themselves by referring the real glory of the past time. They realize that they
can be only with Islam to be the world ruler, so while Europe likely reluctant
to accept it as Member’s EU (European Union) make Turkish try to build the
economic connection with their neighbors and right now Turkey as the power
house in this region with the fifth largest economic in Europe and 16th
in this world.
Modernity in Islam is the path way to
refresh of Islamic atmosphere which is stagnant thought to reload of fresh idea
to pursuit the glory of Islam again. Modernity in Islam is designated to
combine the spirit of searching science and technology and to fill in the bad
excess of modernity itself with the divine essence. The Islamization of Ismail
al-Faruqi and sayyed Hosen Naser is the
formation of spirit modernity in Muslim scholars. Even though the idea is
criticized because just to waste energy of Muslim but the message of it clearly
that the importance of the divine essence inside spirit of modernity in order
to keeping modernity on track for the goodness of human being.
There are many interesting points about Islam in Islam
which came about 13th century AC; mostly priests came from (Yemen)
and Gujarat (Northern India). One of them that Islam had been coming to
Indonesia without invasion or bloody weapon. But Islam came by trading process
and marriage with noble indigenous people. The traders poised as the impressive
men attract native people to obtain the welcome from them. Muslim traders’
ability in the era interacted with local people in business activities and
spreading Islam. The other supporting idea above, spreading Islam quickly is
making contact to the local rulers in Indonesia. In the time, Indonesia had
many small kingdoms. The brilliant way to build business networking was taken
step by traders due hidden mission to spread Islam. The habit of local rulers usually married to
success merchant whom they were mostly foreigners to royal family. This
situation made Islam was easy to spread overwhelmingly this country. And
finally, many local rulers converted to Islam.
Indonesian
characteristic predominantly is patriarch, particularly, for rural society. The
converted royal family is likely the indirect command to its people to accept
Islam as new state religion. This characteristic remains right now in
Indonesian society to follow their leader in any social activities and behave
likely to their mentor. In rural society, particularly, in Indonesia this
characteristic brings positive impact or negative impact. Positive impact of
patriarch can be seen by more easily engineering of society to the pattern of
the ruler’s. The negative impact of them is more resistant for something except
for something is legalized by their ruler. And fortunately, Indonesia history
most rulers’ kingdom own more flexible to accept for new faith coming from
outside. Actually, Indonesian anciently original faith is animism and dynamism
that they inspired all Indonesia ancient life and some of their practical
belief can be found in rural life. For example kejawen in some area in Java,
jamu laut in limited area in northern Sumatra, but the practice is instilled by
Islamic culture.[16]
Here, in Indonesia can assimilate Islam with local culture is not found in
other Muslim countries. The uniquely Islam in Indonesia poise Islam in
Indonesia more tolerant rather than Islam from its original in Middle East. So
the history of peaceful and harmonies with different faith was built for long
time ago since the first settler in Indonesia. But lately, terrorism become new
stigma in Islam because Trans- national thought was brought from Middle East.
And this group get attention from media so they become big image, due the
silent majority is moderate and they hate the terrorism action on behalf Islam.
Islam came
into Indonesia in 13th century which predominantly from Sufi ( mystical in Islam) which can enter to
structure society, because Sufi emphasize toward the esoteric of Islamic value
was easy adapted for local social religious practice. And behavior of Sufi priests so polite and gentle without
confront with the all faith but adapt ate and assimilate Islam and all faith in
social religious activities. Likely, many traditions in Keraton Yogyakarta
which is combined between Islam and all faith value. The combined tradition
between Islam and culture is called Islam cultural. This approach make Islam
more acceptable to most area in Indonesia, due many Muslim puritans toward this
step but in many cases proved the link Islam and Local culture to enrich new
Islam is not in Middle East performance.
The effect
of Islamic law in Indonesia that under Islamic law marriage does not alter the
Muslim woman’s legal status as full personality, capable of owning and
disposing of income and property as she pleases. Neither does marriage alter
woman’s name. Her residence and conduct in life are regulated by the contract
of marriage. Islam regards men and women as absolutely equal in their religious
and civil duties, although it does not understand this equality as implying
equivalence of natural capacities and talent, or as identity of role. The
Islamic family is not a nuclear one, consisting only parents and children. It
is extended to include the grandparent, grandchildren, uncles and aunts and
their progeny[17].
The dark
side Islam spreading in 13th century while Muslim world facing in
decreasing era in science and civilization, but mystic in Islam (Sufi) grew
likes fungus in rainy season. Islam entered to Indonesia is assumed when
Islamic golden age in science and civilization began to collapse changed in
Sufi or thariqat. The consequently
Islam which came in this era not give any contribution in science or
civilization, although Islam gave contribution to renaissance in Europe through
Muslim Spain civilization /Andalusia.
Few contribution by Islamic local kingdoms, basically, is
in domestic area which adapted to books were written by Muslim scholars from 8th
century until 10th in Middle East. The domestic area here was in
marriage rule and few about poet and no evidence that Islamic kingdom era
creates the new invention in science in Indonesia. Even though Islam spread
quickly in Indonesia but Islam here has not rooted in science. And the history
of Indonesia was described how the Islamic kingdoms became the looser face to
face the formidable colonials make the grade of Islam decreased among
Indonesian people who had little pride about Islam in their own history. The
attitude of majority of Muslim in Indonesia looks Islam as theology matter, and
make Islamic state in Indonesia is more difficult here because majority Muslim
rejects to transform Indonesia become Islamic state.[18] Why
majority Muslim in Indonesia rejects to change Indonesia become Islamic state,
because Islam value is never actualized in comprehensive value only in theology
and few of Islamic domestic law.
One of the interesting points about Islam in Indonesia is
exist in this country by peace way without invasion, or colonial make Islam
spread and became the biggest Muslim population in this world. Before coming Islam
in this land, there are many faiths exist, so Islam in Indonesia has contacted
with much faith and makes Islam more tolerance and more acceptances. Basically,
the growing Islam in Indonesia owns two aspects are the positive aspect and the
negative aspect. The positive aspect Islam grows in Indonesia related to Islam
which came without invasion make Islam grow easily. But the negative aspect
Islam with enter thirteen centuries Islam begin to collapse in civilization, so
Islam did not give any contribution toward civilization in Indonesia.
The defeated story the Islamic kingdoms toward the
colonials makes feeling inferior among Muslim in Indonesia until to blur their
confidence to Islam as rule of life. So their rejection toward implementation
Islamic Law can be described their inconvenience toward it. But Islam in
Indonesia has specific characteristic which try to build new identity on behalf
Islam.
This
book will show the true toward Islam whether Muslim in Indonesia will form a
secular country or formal Muslim institution is based on their own history.
This research will formulate the modern social theory toward Muslim attitude
particularly in their perception about Islam whether Muslim must create Islamic
state or secular state like in Turkey or even to make new moderate Islamic
state.
Indonesia is the unique country because it has the largest Muslim
in this world which lies outside of Middle East as the center of Islam.
Indonesia traditionally has scent tolerant to other faith in their behavior
daily. But now days, Indonesia must face the difficult situation with
complicated influence from outside, the influence sometimes to force to change
the value was held by the majority of the people. The force is not only to
poise in life style, ideology, politic, even faith. Here Indonesia must wise to
determine the suitable things for them, because Indonesia is very fracture to be
collapsed like in former Uni Soviet which had variety of ethnic, language, and
separated islands. But if the things are managed well, Indonesia can be a ideal
of Muslim country that Indonesia can become modern country without escaping
from both their traditional value and faith.
In Islamic
history perpective the prophet’s pilgrim (hijrah) to Medina as the great
momentum to form the ideal society in Islamic society. This prophet’s step to
consolidate the muhajirin and anshar which indicate the forward strides in the
time. It’s the rare assimilation occurred within tribal society likein Arab.
After reaching the integrated society within society in Medina the nesxt step
is to make MoU (Momerandum of Understanding) to non Muslim native residents in Medina
was known the Medina Tractat. This tractat is assumed as the vision step of
Muslim to maintain the peaceful among the stake holders within society. The tractate
of Medina can be perceived as the phenomenal agreement was achieved by the new
birth religion. This agreement is seen as the written evidence in tribal
societies which they had known in barbaric style. This tractate is the most
early recorded which inspired the United Nation to make the declaration of
human right in 1948.
The description above is likely apology with unfair judgment
to compliment ourselves in Muslim side perspective. Unfortunately, the
normative description is far from the real situation currently, the stigma of
intolerance is exposed by media to put the militant minority as the Muslim
cover as the general. even the allegation to put Muslim community as the
intolerance society due not a single society in current situation can be similarly
like prophet Muhammad era. The harsh statement by Robert N Bellah one of the
prominent sociology toward Muslim society “the social structure was made by
prophet Muhammad is too sophisticated in the uncivilized society in his era.
The modern attitude was built in prophet era to accommodate the all stake
holders in society to form the desired society for all.[19]The
charismatic leadership performed by the prophet astonishing the native resident
in Medina to acclimate him as the leader of Medina people. The concept of the Medina
tractate was forward step beyond their
era is perceived as the first constitution as a nation. This agreement is also
perceived as the birth of nation.[20]
In the constitution consist the equal right of the
ethnicity diversity is conceived as one nation. If any threat come to endanger
of the tribal ethnicity must be perceived as the threat of whole nation. This
situation prevent the infidel Quraisy to penetrate Muslim amid facing it will
trigger the whole power to confront the infidel threat from Mecca. This MoU
also make prophet had more time to empower and consolidate Muslim power face
the future threat. The agreement which consist the rule to evaluate the social
life, including law, economy and culture make the social life more comfort than
before. The juxtaposition of the Medina Tractate can stimulate the harmonic the
plural society emerged to become the united nation.
Conclusion
The
mobility of Medina people in demography aspect increase dramatically,
especially after the futuhat of Mecca (conquering Mecca). The heterogeneity of
people lived in Medina had created the amal ahli Medina which’s taken by
Imam Malik one of the reputable sources in Islamic law. Quran is the main
source of Islamic law for Muslim society sometimes the global verse of Quran
was not problem for sahabat in the time due to ask directly to prophet about
the confusion problem. But the problem while prophet died the real constellation
of Islamic law begin to emerge because Quranic verses or prophetic traditions
didn’t evoke to solve the upcoming issue. It’s not problem while prophet
Muhammad alive, sahabat could ask directly the solution for their issue.
Prophet
prohibited his sahabat to write down the hadith due to prevent the mix between
Quranic text and hadith. Thus the figure of prophet Muhammad as a prominent man
to attract all of sahabat to imitatae his activities, later this was called as
sunnah. The ideal of prophetic tradition birth was to bridge the normative
value and practical of law due those make prophet as the ascribed pious Muslims
around the world until now. The content of prophetic traditions mostly about
submission to Allah, muamala related to economy activities, the political
attitude, or as the Islamic evangelist.
Consequently,
the increasing of Medina residents the spread of Islamic wing power in prophet
era unavoidable the new problem was the social stratification. The stigma slave
to his master, Arab to non-Arab were very difficult to erase, Islam try to
vanish the barbaric heritage slowly that it to avoid the shock within society.
That why were the slave issues still prevail in many classical Islamic law. The
incoming Islam purpose to put the strong foundation to create the respected
society within society, later in modern life is known as the civil
society.Prophet Muhammad in Islam is describe the mediator between God (Allah)
as creator to human. Quran is very seldom to talk about lam explicitly but it
talk more about the principle of moral value. Amid the universal value consist
in Quran that need the explaination of hadith.
[1]
Look Norman Calder, Islamic
Jurisprudence in Classical Era, edited by Colin Imber ( Cambridge
University Press, 2010), 14.
[2] Look Wael
B. Hallaq, An Introduction to Islamic Law (London: Cambridge University
Press, 2009), 38-40.
[4] Wael
B. Hallaq, An Introduction to Islamic Law (London: Cambridge University
Press, 2009), 38-40.
[5] James.
P. Allen, Middle Egyptian, An
,Introduction to The Language and Culture of Hieroglyph, Second Edition. (
London: Cambridge University, 2010), 15.
[6] Al-Amidy,
al-Ihka>m fi> Us}u>l al-Ahka>m, Juz I, (kairoh: Muhammad Ali
wa auladuh, 1968 M), 277.
[8] Sayyed Hosain Naser, Ideal and Realities in Islam, (Boston:
George Allen and Unwin, 1975), 100.
[9] Jonathan A.C Brown, Did The Prophet Say it or Not ? The Literal,
Historical, and Efective. Truth of Hadiths in Early Sunism, Journal of The
Oriental Society, 2009
[10] Al-Qadi
‘Iyadh, al-Syifa’ bi Ta‘ri>f Huqu>q al-Musht}afa, (Beirut: Da>r
al-Fikri, 1988), 180-195.
[11] Ali Aftan Mian, Muslim Political Philosophy and the Afective Turn:
Al Farabi on Language, Afect and Reason, Journal of Shi ‘ah Islamic Studies,
Vol IV, 2011, 47-50.
[12] Illias Bantekas, The Disunity of Islamic Criminal Law and the
Modern Role Ijtihad, (Interntional Criminal Law, Martinus Nijhoff
Publisher, 2009, 651-656
[13] Almanar Magazine which published in 19 centuries.
[14] A. Dallal, Origin and Objective of Islamic Revivalist Thought,
Journal of American Society, 13, 1993, 340
[15] Yves lambert, Religion in Modernity as a New Axial Age:
Secularization or New religious Forms, Journal Sociology of Religion, Fall,
199, 5-8.
[16] George Ritzer, Modern Sociological Theory,( New York :The
McGraw-Hill Companies, INC, 1996), 235
[17]
Ismail R. al Faruqi and Lois Lamya al Faruqi, The Cultural Atlas of Islam, (New
York: Macmilan Publishing Company, 1986), 150
[18] Look at the history the erasing of the Jakarta Tractate in
Indonesia History while many eastern part Indonesia rejected the tractate.
[19] Robern N. Bellah, Beyond Belief,Berkeley, University
of California Press, 1991, h.161
[20]
Munawir Syadzali, Islam dan Tata Negara, (Jakarta:UI Press,1990),58.
