STRUKTUR HUKUM ISLAM “STUDI PEMIKIRAN FAZLUR RAHMAN”

Abstract

The legal aspect in Islam is closely related to the process of its
determination (istinbat al-ahkam) according to jurisprudents. In the
method of extracting Islamic law, the jurists, hierarchically, refer to alQur‘an, as-Sunnah, Ijma` (consensus) and Qiyas (analogy). However, the
above hierarchy is not fully used sequentially. In other words the jurors
are not in the same opinion how the application of the existing methods.
Like the practice adopted by one of the contemporary Islamic thinkers
Fazlul Rahman.
According to Fazlur Rahman, in interpreting the qur`an, it is appropriate
to use a method called "double movement" that is the pattern of
presentation as inductive reasoning and deductive reasoning. Rahman
positioned the Sunnah of the Prophet as the highest precedent above the
sunnah precedents of the Companions who were developing into ijma`
(mutual agreement). Rahman viewed ijma` not to have the position as
formalized by the ulama before, but to make ijma` that could accept the
ijtihad (interpretation) process using the Qiyas method (analogy).