Sharia: Indonesia Islamic Culture

Year of circulation: 28/01/2008

Allah Subhanahu Wata'ala down in the form of Shariah law is not ready. Al-Quran and Hadith are legal materials (mashaadir shar'iyya). To process the legal materials into Shari'a law, Allah Almighty shower full authority to the people (scholars) in accordance with the capacity and capabilities. The scholars then perform ijtihad. Clergy who perform ijtihad called mujtahid.


Text of the Qur'an and Hadith are part of religious teachings. The understanding (interpretation) one of these texts is not necessarily a part of religion unless the public understanding tested through a process called scholarly consensus'. If the majority (jumhur) scholars said, that understanding of the elements of the net error, then the understanding of religious legitimacy and obtain a legal reference.

That is the process of scholarly consensus' which is an active process whose function is to filter an understanding of the elements of error. However, scholarly consensus' scholars of religion is guaranteed. He was spared much of the element of misguidance. Therefore, the lack and the rejection of the public test is part of the characteristics of a cult.

Ijma 'qiyas different. If the process of ijtihad done by analogy to Shari'ah law who have been there, the process is called qiyas. Qiyas is taken for legal reasons or equations based on comparisons with things that already exist in Islamic law.

Thus, turuqul ijtihad (ijtihad methodology) that both are the sources of Shari'ah law consists of four stages: the Qur'an, Hadith, Ijma ', and Qiyas. The fourth source of Shari'a law is that until now the main holding Muslims.

Some of the wisdom behind the granting authority for ijtihad to the people, among them: 1). Shariah law will not exceed the limits of race, because people own the process. 2). The existence of motivation science, so that people become educated and understand. 3). Delegation of authority given birth differences of opinion among the scholars that eventually produced some legal alternatives in the same issue. Thus, born some schools. And until the end of time, there are four recognized schools: Hanafi, Maliki, Shafi'i, and Hanbali.

4). In the books of comparison schools, none of the clerical schools that use phrases like "This opinion is correct, while the opinion was wrong." The sentence is always used by them are: "This opinion is correct, opinion is more correct; opinion was strong, the weak opinions; In this issue there are two or more opinions, and so on." These expressions indicate that tolerance very strong differences of opinion. In addition, they also field hearts of truth claim (claim justification for the opinion itself) because it is in the jurisprudence is not justified the claim that the most correct opinion. Moreover, an opinion or force schools to anyone.

Laymen who are not involved in the process Shariah law, they were given the right to choose schools berijtihad in a fit of conscience, reason, and condition, with no element of coercion from any side.

As a result of this berijtihad freedom, clearly visible in reality: Madzhab Shafi'i madhhab regarded as suitable in tropical areas like Indonesia, Malaysia, and Brunei. These schools flourished into schools of the majority. Hanafi and Hanbali very cocak in subtropical regions such as countries in Central Asia: India, Pakistan and the Middle East such as Saudi Arabia, Kuwait. Maliki madhhab in the fertile region near the poles as Andalus and North Africa as Marako, Tunis and Algeria.

Race was also given the authority to to the application of ijtihad in the Shari'ah law. In this case, people have to ijtihad in different ways: Some do ijtihad through the formalization of religion; Some do ijtihad through political channels; Some do ijtihad through religious cultures, namely the application of Shariah law is based on the condition of the people.

On the application of Sharia Base Condition

Shariah law in certain limits, is still-idealistic theoretical status. So-called, because the final was not located at the level of the concept, but the pad is a condition of its application. Thus, Shari'ah law is highly conditional. This is what shows Kondisionalitas Islamic Shari'ah is very flexible and not rigid.

Something must be according to Shariah law, if in practice not possible because not fulfilled because of factors, terms and existence of constraint factors, whether economic or health; then the law must be changed that. For example, the pilgrimage according to Shari'ah law is obligatory even one of the pillars of Islam. But a Muslim because of economic factors or health conditions that have not been possible, the law must be changed to not required.

So, finalization or primary determinant in the implementation of Shariah law is the ability and the condition of the people who become targets of the Shari'ah law. These capabilities and conditions outlined in the science of Usul al-Fiqh by ahkaam al wadf'iyah, namely because the factors, conditions, and the presence of obstacles.

That way, the application of Shari'a law is in tune with the religious policies can be enforced through the efforts of conditioning people in the sociology of language is often called point-cultural-religious culture. In these conditioning, Allah SWT is always to order the people to avoid all that difficult. "We're not down this Qur'an to thee to be difficult." (Surah Taha, 2).

PART 2
Religion is one source of culture. In the application of Shariah law, local culture (local culture) was even more rich by the new values. In the case of such dress. Fiqh of Islam through IImu only gives the norm (meaning or essence). Norms and meaning of limits that must be covered private parts.

As in the case of fashion, religion does not demand a particular mode such as age fashions Messenger SAW. Because religion view mode (meaning symbols) as part of the creative spirit of tradition, culture. The spirit of creativity that can be changed in every community, place and time. Conversely, the provision closing the border is part of the private parts of religious norms are not changed. So also in other cases.

Islam is derived in the Arab cultural environment, and the Messenger Muhammad was an Arab. But in this case, Islam is not identical with the Arabs. Or conversely, the Arab is not synonymous with Islam. With provisions like this, Islam will be acceptable to flourish in all places, community and age. His teachings can be applied to the characters and cultures of each race. That evidence, that Islamic values flexibility.

Related to the implementation of Shariah law, Hadith says: You, friends, living in an era (era of Prophet saw), if you leave 10% (ten percent) of the religion (ie, has implemented 90%), then you will destroyed punished by God. But later, there will come a time, although they were able to apply the new 10% (sepeluh percent) only from this religion, they will be safe from the threat of punishment. (H.R Turmudzi).


Rasul SAW Apostle mentions the 10% benchmark in terms of end-time salvation. The mention of this figure is contextual. That is, - Wallhu a’lam - Rasul SAW understand the impact of globalization on human difficulties in the application of Shari'a law perfectly. That is why the Apostle SAW suspect, more precisely predict, there will be an indication of quantity and quality decline in the application of Shari'a law in the life of the pad a final time. Apart from that, Hadith far reaching future of this (futurist) can be viewed as a moral-spiritual encouragement for people to make extraordinary efforts in the implementation of Shariah law limited their ability.

Although in the end it is difficult to apply it perfectly. Is not Allah SWT is often asserted, was cautious in accordance with the levels of ability, Ittaqullah mastatha'tum. The higher the level of difficulty in the implementation of a job, the higher the value of the award he received from Allah SWT.

This award regardless of success or failure the job. Because that would be asked Allah swt then later on the day is: What efforts are you? and not what you results. Because, the effort is a right hand man possessed, while the nature of critical success in the hands of God Almighty absolutely. That is why Allah Almighty did not ask his servant about something in his hand. That is, success.

Extremism in the application of Sharia Law

Still related to the implementation of Shariah law, Rasul SAW warned the extremists who tend to do violence in religious life. Ekstrimitas is an act that crosses the line (radical) which usually tends to be rigid. Ekstrimity of religion means the act relating to the implementation of religious teachings which tend to be excessive or rigid. Given the dangers posed by this ekstrimity, there are many Hadith which gives a warning. The warning stated in the Hadith of the following:

Be careful with extremism in religious life since the destruction of the previous race because of extremism in religious life. (Narrated by Ahmad and Nasaa'i).

Woe extreme people! (spoken by the Prophet SAW to three times). (H.R Muslim). (Hadith narrators say): The extreme are people who commit violence are not in place in religious life.

The question is, why ektrimisme in the application of Shari'a law prohibited Prophet saw? Why did he even warned his people, the destruction of the previous race occurred due to the extremism? In the religion, there are limits of human authority as a servant of God Almighty. When someone preaching in accordance with the authority in order to implement Shariah law, it has limitations, especially regarding the inability of someone to give guidance to the object of propaganda (mad'u). He must realize, God Almighty does not give authority to anyone to be able to provide guidance to others. Provision of guidance is the absolute authority of Allah SWT.

Surely you will not be able to give guidance to people who you love, but God gives guidance to those who wills, and Allah knows those who would accept hid father. (Surah al-Qasas, 56).

Far from ordinary Man, Abraham level though, is not able to give guidance to his father. Prophet Noah as not able to give guidance to their children. Prophet Lut as not able to give guidance to his wife. In fact, the Prophet Muhammad himself, was not given the authority to be able to give guidance to his uncle, Abu Talib. Especially with most other human beings.

On the basis of human authority's boundaries, religion prohibits all forms of coercion in the name of religion. Action is prohibited, including violence and ekstrimitas in religious life. The following hadith Prophet SAW gave affirmation.

By Allah, if you do not sin, God you replace with a new generation of sin. However, they always ask for His forgiveness and give forgiveness Forgiving them. (H.R Muslim)
At first glance, it seems Hadith us aware that man so prone to sin. In every human being has slipped by Allah SWT various elements lust. Inside was a bad and good opportunities. However, the truth is "disputed" by God Almighty is: Why are people reluctant to ask forgiveness of Him? Why humans are also a heavy heart to go back and repent to Him? And Allah is Forgiving, and He loves to give forgiveness.

The main purpose of God Almighty sent His Messenger Muhammad is to perfect his ethics, morals and noble character. Rasul SAW said: Verily I (Prophet Muhammad) was sent (by Allah) to perfect his akhak (ethics) is noble. (Narrated by Ahmad).

This hadeeth was stressed the importance of ethics, morals and noble character. In particular, the application of Shari'ah law. Such an emphasis can be seen also from the word of God Almighty; "And if you (Prophet) is not friendly and hard-hearted (in proselytizing was) then surely the people away from you." (Q. S. Ali Imran: 159)

In this verse, Allah reminds Muhammad Rasul to maintain ethics in the proselytizing melaksakan task. So, whoever is not justified "on behalf of" the application of Shari'a law in a way violated the ethics, morals and noble character. This means that, in the circumstances however, he must still refer to and are in the corridor.

In addition, the reality of what happened in the field showed that all the efforts made by humans - including the missionary effort bil-bil oral and things - the level of success and failure in terms of getting the guidance, fully into the absolute authority of Allah SWT. Involvement and any man who attempted to show, God Almighty and the capacity to appreciate the position of man as the Caliph on earth. However, serious efforts were successful in the hands of his power. Similarly, the agenda must be running on the field is the agenda and His will. Something that is common to humans, as do the efforts of the Shari'a law enforcement through the religious cultures are, trust and depend only to God Almighty. That way, keshalehan race, religious devotion, a nation that virtuous and noble cultured, prosperous country, prosperous, secure and prosperous, may be soon realized.

Conclusion

The dynamics of Islamic law, turned out in it there are some pretty interesting things to be observed, including:

1. Allah Almighty, while having absolute authority over the servants of his, but I appreciate him when he set the Shari'a law by involving the Ummah in his legal process.

2. Allah participatory approach to position the community as an active subject-valued, and not as a passive object-dictated. This involvement took place starting from the legal process, legal alternative to choose at the time of the application of Shari'a law, and they are His servants.

3. The existence of the character and dynamics found in Islamic law, actually provides a golden opportunity broad to Muslims to be more pro-active with the at creating flexible, without rigid in the application of Shariah law is based on ability, local cultural conditions and age conditions in which Muslims were. And of course, includes us as Muslims living side by side with people of other religions in the Republic of Indonesia that the principles of Pancasila and the 1945 Constitution.

For some people who do not understand the relationship between religion and culture, especially the less able to distinguish between things that are normative religion and culture as applied by the Prophet of Islam Muhammad and the people within the Arab culture. So in his application of Islam in Indonesia is happening is Arabization Indonesia on behalf of Religion. In fact, according to the Character and Dynamics of Islamic Law, when the values of Islam applied in Sundanese, the Sundanese born Islamic Culture, as well as Islamic Javanese Culture, Culture Islamic Buginese and so on.

By:
Kyai Haji Thonthowi Diauhari Musaddad, MA
Caregiver Pondok Pesantren Al Rais Washilah and Syuriyah PCNU Garut, West Java, Indonesia. Chairman Inkopontren (Pesantren Coop)