2. Afkaruna_Alif Rizky Ramadhan and AI Fatimah_Revisi 1
There are two major competing groups in Islamic jurisprudence. The first is the value-laden scholars’ group which
believes that religious authority comes from conservative and collective understanding, and the second is the
value-free scholars’ group which considers that religious authority comes from progressive and individual
understanding. These two groups have contested the highest authority between collective ijtihad and individual
ijtihad in producing Fiqh products. This article aims to discuss a discourse on the contestation between
value-laden and value-free. This research was conducted through a qualitative method based on case studies. It
also focused on the literature review of various primary and secondary sources. We identified and selected many
relevant sources that linked very closely to both the substance of the topic as well as to the theories that we used
to strengthen the research’s arguments, data analysis, and findings. However, Kuntowijoyo’s theory of ‘Islam as
Science’ is used as the main tool to construct a new and neutral authority. As a result, this research offers the
middle way of Fiqh that can bridge the two major groups and be used as an alternative discourse to construct a
new, moderate, and neutral meaning.
Keywords: Religious authority, Qur’anic interpretation, Fiqh, Muslim scholars, Indonesia
ABSTRACT
ARTICLE HISTORY
Received: 12 May 2023, Revised: 13 June 2023, Accepted: 25 May 2023, Published: 30 June 2023
University of Muhammadiyah Prof. Dr. HAMKA, Jakarta, Indonesia
Corresponding Author: fatimah_nf@uhamka.ac.id
Religious Authority in Islamic Law: A Debate on
Conservative and Progressive Methods
Jurnal AFKARUNA Vol. 19 No. 1 June 2023
University of Muhammadiyah Prof. Dr. HAMKA, Jakarta, Indonesia
alifrizkyr@uhamka.ac.id
DOI: https://doi.org/10.18196/afkaruna.v19i1.18507
Ai Fatimah Nur Fuad*
Alif Rizky Ramadhan
The legal tradition discourse has become one of the major and important studies in Muslim society.
This discourse significantly determines how a Muslim acts in dealing with various kinds of cases in
accordance with the Sharia (Islamic canon Law) that has been revealed by God to the prophet
Muhammad.1 This study has its roots in the companions scattered throughout the Arabian Peninsula,
Africa, and Mesopotamia who were tasked with answering the needs of Fiqh (Islamic Jurisprudence)
products that had to be fulfilled in the midst of Islamic society that had just converted and also in
different areas in Mecca and Medina. In the process, schools of Fiqh emerge with different
methodologies due to their different geographical locations and conditions.2
One of the issues that developed in the study of legal tradition is the discussion on who has the
authority to interpret the Qur'an. The study of Ushul Fiqh (The principle of Islamic jurisprudence) is
answered in the chapter Allah as Al-Hakim.3 However, it needs to be understood that in achieving the
INTRODUCTION
meaning that Allah has embedded into the Qur'anic verses, it is necessary to conduct interpretive studies
to achieve the real meaning.4 This discussion has led to a polemic between the various schools in Islamic
studies. This case can be seen when the Khawarij used the slogan "la hukma illa lillah" that the highest
authority in interpreting the intentions and commands of Allah to Muslims is Allah. Therefore, those
who contradict the principles and ideology of Khawarij are infidels, and their blood is halal (lawful) to
be shed.5
A similar issue emerged again when the legal tradition and its tools had been perfected. Many people
at that time used the phrase "Pintu Ijtihad Telah Tertutup" (The gate of ijtihad is closed). The legal
tradition was considered complete and answered important issues in Muslim society at that time.6
Thus, the authority of meaning at that time only orbited on the study of the companions and the imams
of the madhhab without any research, which would later lead to blind taqlid (imitating others without
any knowledge) amongst the Islamic community.7 This had an impact on the product of Fiqh, which at
that time experienced stagnation and only revolved around some legal tradition thoughts without any
studies nor criticism. Therefore, this period gave rise to various Muslim thinkers who tried to change the
status quo that occurred in the intellectual study of the legal tradition of the scholars.8
These issues will lead to the rise of two poles of thought in Islamic society, firstly, those who
understand religion in a traditional way that emphasizes value-laden understanding, and secondly,
those who understand religion in a modern way that emphasizes value-free.9 Value-free paradigm
regards a well-established value as a key standard in understanding a text or a thought.10 Thus, in its
process, value-laden refers to an interpretation that adjusts to an assessed value according to the
condition of a system to be applied and implemented as a whole. While value-free is contradictive to
value-laden because it considers there is no key standard value to be implemented in a certain system.11
Thus, this paradigm opens a wide interpretation until not bound to one established value only.
Therefore, value-laden places more emphasis on understanding pre-existing interpretations without
developing interpretations if they are not urgently needed. On the contrary, value-free emphasizes more
understanding to open wider spaces for new scientific interpretations that are religiously and logically
accepted.
These two poles have different paradigms in answering the authority that can determine the meaning
of the content of the Qur'an. Thus, there are differences of opinion and perception of various problems
that approach Muslims today. This issue led to the dynamic shifting power that determines and
emphasizes who holds the highest authority in understanding the Qur’anic verses and Islamic
messages.12 This can be seen from how Muslims answer how far ijtihad in Fiqh products is independent
of a mazhab (school of thought) authorities13 and how the Western and Eastern worldviews affect an
individual in making decisions in producing a Fiqh.14
The issue that arises above is itself a continuation of the polarization process between Ahlul Hadith
and Ahlul Ra'yi, which debates who has the highest authority in determining a law to humans.15
However, it should also be understood that in this modern setting, the development of the
ingkar-sunnah movement raises the narrative of the sole use of the Qur'an.16 Also, it causes issues that
have developed in the past to experience a new evolutionary phase in the discussion and debate among
Islamic scholars.
This paradigm, divided between traditional and modern understanding, eventually leads to instability
in religious discourse and practices between fellow believers and other religions.17 Therefore, we have
to reformulate a methodology of thinking that builds the paradigm of Islam as a non-violent religion
and also a religion of peace and tolerance towards others and not a bloodthirsty religion and forbids
20 Vol. 19 No. 1 June 2023
everything considered contrary to its understanding.18 Islam has a core role in building and organizing
a tolerant society and reconciling the people of those who live within the plural society.19 Therefore, it
is necessary to conduct da'wa in a modern era that is moderate and tolerant toward the plurality within
Islamic society while maintaining Islamic identity.20
Based on that reflection, research is needed to highlight and contribute to the issues that arise in the
lives of Muslim communities. In its process, Muslims can unite without mutual suspicion between one
firqoh (group) and another firqoh. In this era, there has been paranoia and a tendency where fellow
Muslims are suspicious of each other instead of collaborating. Thus, this research tries to offer a
middle-way Fiqh. This Fiqh is based on wasathiyyah (moderate or middle path) values in answering Fiqh
products that are friendly to tradition but also modern and progressive in practice.
In exploring this discourse, the researchers borrow the theory of gradual Qur'an developed by Sukidi
Mulyadi as a way to understand the Qur'anic texts.21 Although this theory developed in the realm of
Qur’anic exegesis, studying the authority of meaning is crucial, especially in understanding Fiqh
products that are strongly influenced by the interpretation of a mufassir.22 Another theory the
researchers borrowed is qabdh wa basth, or the theory of contraction and expansion developed by
Abdolkarim Soroush in the realm of Qur’anic exegesis.23 This theory will affect the understanding of the
authority of meaning that is liberal and also open to the interpretation of individual laws.24 Finally, the
researchers borrowed the theory from the sociology of religion, namely the theory of “Islam sebagai
Ilmu” developed by Kuntowijoyo.25 The understanding of the authority and meaning must be read in
transcendental structuralism so that legal discourses in Islam must be understood and dialogued
carefully and neutrally towards both parties.26
21AFKARUNA
This research employed a qualitative method focused on reviewing primary and secondary data
sources, which were processed to become cohesive data.27 The research processes collected, identified,
and selected relevant sources from These sources are linked very closely to both the substance of the
chosen topic as well as to the theories that we used to strengthen the research’s arguments. The diverse
literature was then carefully reviewed through content analysis and made some notes on different issues
and other relevant sub-topics.
We noted that a wide range of references could build a concrete and tangible framework for
thinking about the issues being raised. This is then juxtaposed with several cases that happen in today's
society. Accordingly, it can be seen from the current issue of child-free that speak up by Gita Savitri that
emerged in a discussion on the legal discourse of Islam.28 This example issue and other contemporary
issues need a careful examination and reformulation of the methodology and law that place God and
human beings as an inseparable legal unity. Finally, we found necessary and relevant data to respond
to the case studies and concluded key analysis and findings to write down logically and chronologically
throughout this paper.
RESEARCH METHOD
The Islamic legal tradition, as previously described, has undergone significant development from its
inception to the present. This has led to many attempts at refinement in legal tradition discourses,
which makes Islamic Fiqh perfect in answering the core problems among Muslims at that time.29
Therefore, some Muslims argue that with the completion of this study, there is no longer a need for a
DISCUSSION
Value-laden for Maintaining Traditionalism
22 Vol. 19 No. 1 June 2023
The concept of “the door of ijtihad is closed” that has been discussed earlier has sparked great
controversy among Islamic thinkers in the 4th century of hijriyah. This issue was strongly voiced by Ibn
Taymiyyah and his student Ibn Qoyyim as a form of blind taklid to consensus and scholarly opinions
without any constructive criticism. In the paradigm of these two scholars, Fiqh products experience
saturation by only orbiting on old opinions without formulating the answers to current problems.
Therefore, Ibn Taymiyyah and Ibn Qoyyim vocally started the movement to return to the Qur'an and
sunnah as an answer to the problems that existed in Muslim society at that time.
This paradigm of returning to the Qur'an and sunnah has experienced its ups and downs, but it is
agreed that this thought became a major topic in the period of Islamic renewal in the 19th century. At
that time, the emergence of scholars, such as Muhammad Abduh, tried to break the saturation of
religion by developing religious science that was value-free from conservative views. This action became
the pattern of the revivalist and modernist Islamic movement in the 20th century, marked by various
national and world organizations that tried to work on rationalistic struggles in building value-free Fiqh
products from an existing firqoh (group).
Value-free and Modernism Paradigm
new ijtihad. This attitude gives rise to a paradigm of traditionalism within Islam that seeks to protect the
traditions passed down by previous scholars to be maintained and preserved.30
This issue corresponds with the ideas developed by Sukidi Mulyadi regarding the gradual theory of
the Qur'an. In his thought, Sukidi considers that the process of returning to the Qur'an and Sunnah
should be through the thoughts of the salaf mufassirs (classical Qur’anic interpreters) and cannot be
done directly without any intermediaries. This is conducted to protect classical Islamic thought from the
dangers of new ideas that do not conform to the traditions of the classical ulama. Thus, according to
Mulyadi, Islamic discourses must be built on the paradigm of classical ulama or mufassirs that are
packaged in a modern context.31
The idea of the concept of gradual Qur'an in Sukidi Mulyadi's thought comes from the thought of
Muttaqil bin Sulayman. A mufassir during the time of the Companions introduced the concept of
gradual Qur'an as a method of interpreting verses in the Qur'an.32 Thus, Sukidi explained that the
gradual Qur'an was built as a paradigm to understand that the Qur'an cannot be understood by itself.
Thus, it takes the interpretation of a salaf mufassir to explain the true meaning of the Qur'an.33
Because of the process of the Qur'an being interpreted by the early mufassirs, Sukidi concluded that
the authority of meaning in the Qur'an is held by a mufassir, which the process of returning to the
Qur'an and sunnah can only be done if it passes through the classical mufassirs and must be in
accordance with these mufassirs. Meanwhile, the process of reading the Qur'an and sunnah
independently without taking the opinions of classical mufassirs is considered to damage the
interpretation of the Qur'an because of the distance between humans today and the time of the
prophet Muhammad in the past.34
The idea developed by Sukidi Mulyadi can be considered an example of a value-laden paradigm in
reading Islamic legal tradition. The product of Fiqh is built on the premises developed by classical
scholars and linked to the new issues at hand, while the process of reading the Qur'an adapts to what
has been issued by classical scholars. This is certainly chosen as a careful decision not to violate the rules
of Allah. Thus, in building this value-laden mode of thinking, traditionalists fortify themselves with
previous fatwas as their basis for doing a furuiyah action.
23AFKARUNA
This value-free ideal of modernism reached one of its highest points when Abdolkarim Soroush
issued a theory that he named Qabdh wa Basth (contraction and expansion). Through this theory,
Soroush wants to explain the emergence of a difference between religion and religious understanding.35
Therefore, in the process, the understanding of religion experiences an expansion of meaning and, at
the same time, also undergoes a contraction of meaning. In this theory, Soroush tries to emphasize that
the dynamic relationship between humans and the meaning of the text causes the reading of the Quran
to be understood dynamically as well, without being bound by previous interpretations that have been
established and accepted by people.36 In Soroush’s thought, contraction is an attempt to reduce things
no longer relevant to the times, such as slavery, while expansion brings up different themes, such as
democracy.37 Soroush wants to position the reading of the text and meaning of the Qur’an dynamically
following the times without being strictly bound like the value-laden group.
In this paradigm developed by Soroush, he believes that in understanding the Qur'an, we must
abandon the thoughts that came from classical scholars.38 This is because they are merely debatable
human ijtihad, while Islam is something absolute and concrete.39 Soroush believes that in trying to
understand the Qur'an, humans must make an independent ijtihad to contemplate and understand the
content of what is contained in the Qur'an. This is done because the needs of humans are different from
one another.40 Thus, Soroush considers the need to construct a value-free reading of the Qur'an
without coercion of a party in order to read the meaning of the Qur'an following to the mainstream.41
Through this value-free paradigm, the authority of the meaning of the Qur'an cannot be contested
because, according to Soroush, it belongs to the individuals themselves and not to a party.42
The Qabdh wa Basth (contraction and expansion) paradigm developed by Abdolkarim Soroush is
one form of representation of how value-free understanding in the study of Islamic legal tradition. Thus,
in its Fiqh products, modernism believes that returning to the Qur'an and sunnah becomes the main
process in taking the legal basis of the Fiqh product to be issued or made.
It is undeniable that in the study of legal tradition, authority is the core issue that causes a law to be
implemented, even though some people do not agree with the perspective taken from the law.43 This
has led to the emergence of various kinds of fatwas (rulings) that contradict each other and are
enforced to be implemented by certain firqoh (groups) in Muslim society. In the Indonesian context, we
recognize the NU’s Bahtsul Masail (NU Jurisprudence Council), the Muhammadiyah’s Tarjih and Tajdid
(Muhammadiyah jurisprudence council), the Persis’s Misbah council, and so on and so forth. Fatwa
institutions are formed to construct a paradigm of thinking in accordance with the official direction of
the organization.44 Thus, many fatwas in the same issue are, to a certain extent, different between one
organization and another.45 This issue is indeed limited to the study of furuiyah (a smaller branch of
jurisprudence issue), but in fact, this does not stop many parties from debating and pitting the fiqh
products created by these fatwa institutions. Thus, claims of authority over the meaning contained in
the Qur'an frequently appear as justification for their firqoh or group’s claim.46
In response to this issue, Kuntowijoyo’s book "Islam sebagai ilmu" (Islam as Science) highlights the
importance of the Islamic proactive and relevant paradigm toward the current dynamics of Muslims. An
understanding of transcendental structuralism is needed, which has the tools of integralization and
objectification to read and understand the structure of the Qur'an as a whole and transcendent to the
top.47 Reading the Qur'an is done through the process from text to context. While also Islamic scholars
examine a natural phenomenon through what is contained in the verses of the Qur'an.48 This is inversely
Neutral Authority of Meaning as a New Method to Produce a Fiqh
24 Vol. 19 No. 1 June 2023
proportional to the thinking developed in the modernism paradigm, which emphasizes the movement
from context to text and only looks for verses that can be connected to a natural phenomenon.49 The
traditionalism paradigm only performs an act of de-codification and repeats the same issues described
by previous scholars through syarh (commentary) or ikhtisar (summary).50 Thus, in this new paradigm
initiated by Kuntowijoyo, we take a middle path or position between value-free and value-laden, aiming
to reconcile the two different positions.
The methodology of transcendental structuralism stems from the paradigm of structuralism that has
developed in Western society, which believes everything in nature has a structure.51 In Kuntowijoyo's
perspective, this is not accompanied by a transcendent essence in formulating how to organize the rules
of the structure of an object, which causes Western structuralism to tend to be subjective and secular.52
Thus, Kuntowijoyo believes that transcendental structuralism is built on understanding the message of
universality in the Qur'an.53 It differs from the secular reading that tries to build a paradigm from what
already exists and is owned and projected into the Qur'anic text.
Reading with the transcendental structuralism paradigm forces an interpreter to understand the
structure of the essential values of the Qur'anic verse originally and then contextualize them.54 Thus, in
the paradigm of transcendental structuralism, Tawhid (belief in God) is indeed the foundation of
everything that will have an inner structure that has different tasks in answering the given issue to be
applied according to the inner structural space occupied by the issue. It should also be understood that
Islam has built a solid structure of various issues, and it will not change except for issues related to
muamalah (civil or human interaction). Thus, transcendental structuralism tries to answer the human
problems in their daily lives.55 Of course, to build this transcendental structuralism paradigm, the tools
of objectification and integralization play an important role in formulating a Fiqh product whose
authority of meaning is neutral from various firqoh or groups.56
Having the above explanation, we realized that transcendental structuralism needs a tool to be
practiced. Thus, Kuntowijoyo introduced the principle of objectification as a method to reconcile several
disputes of meaning in making a fatwa decision.57 Kuntowijoyo realizes that every root problem of
khilafiyah (alternative jurisprudence reasoning) can basically be resolved without the need for divisions
that occur as it is today.58 According to him, objectification is built to find the root of the problem and
reconcile all parties from the conflict. Of course, in the context of Islamic legal tradition, it is very
complicated to reconcile all parties with many different methodologies between one firqoh and
another. However, Kuntowijoyo believes that essentially in the context of transcendental structuralism,
all disputed issues have a common denominator that can be used as a foothold to objectify the
problem.59 Therefore, although each firqoh still believes in their opinion, there is a common
understanding and common word between the firqoh in questioning and debating the furuiyah issues.
Then another tool used by Kuntowijoyo in building the transcendental structuralism methodology
is integralization. This is intended to build a common understanding and common word that has been
discussed previously. In his study, Kuntowijoyo discusses this issue in the context of the West and Islam.
However, his theory of integralization can also be practiced within Islam.60 We can see how the conflict
and intention of firqoh still haunt Muslims with the emergence of various new groups. Integralization
is therefore needed to rectify the suspicions of each group towards the other. Integralization itself
emerges after the objectification process in which there is information on disputes and claims
developed by each group.61 Of course, most groups have arguments that are equally strong. Therefore,
integralization helps to integrate various existing arguments and bring them together with the common
denominator of the issue. Thus, each argument can be compared and structurally ordered until it
becomes a cohesive unit and is able to formulate the new meaning contained in the Fiqh product.62
These two tools work gradually, resulting in an alternative way of reading the issue. From there, the
alternative reading is directed and made into a universal structural understanding that many people can
accept. Thus, this long process is called transcendental structuralism.
25AFKARUNA
The debate over who has the right to conduct ijtihad is the key issue of this study. In the value-laden
paradigm, the effort is only made by the madhhab because collective authority such as the madhhab is
more reliable and verifiable. While in the value-free paradigm, ijtihad must be done by everyone who
has the competence to do so. This happens because humans are endowed with the ability to think and
distinguish what is right and wrong in naqli (theological reasoning) through the intermediary of the
Qur'an and sunnah and aqli (logical reasoning) through rational human logic. Thus, this polemic
appears to be a long debate space between the two paradigms.63
In fortifying from various kinds of errors in understanding legal-formal, value-laden thought believes
that the use of ijtihad mazhabi is a concrete form in formulating a Fiqh product. This is done by
considering that the authority developed from the school of Fiqh has been long and firmly established
for almost thousands of years. Then, it also needs to be understood that the school of Fiqh has
produced a lot of fuqoha who are always there in each generation so that the teacher-disciple sanad
remains connected in the development of the times that occur. Then, because of the many fuqoha born
from the school of Fiqh, the sources of records and information owned by the school of Fiqh are
numerous and rooted in many interconnected sources. The traditionalists believe that through using
this mazhabi ijtihad, Fiqh products will be guaranteed quality from various kinds of shubhat (vague
within the jurisprudence discourse).64
The thought developed by these traditionalists in the modernist paradigm is considered a form of
structured and massive ignorance where the authority of the school of thought that is too powerful in
a region will become auto-critical and make its school the only one in power.65 Therefore, in the
value-free paradigm, personal ijtihad is a good choice for answering and adapting to contemporary
issues in the Islamic legal tradition. In practice, this ijtihad integrates related sciences such as nature and
humanities without only talking in a narrow religious context.66 This personal ijtihad is favored by
contemporary academics and scholars who believe that understanding the Qur'an should not only stop
at understanding divinity but also relate to other studies. Then, in the value-free paradigm, many books
are tailored to the area of their readers in the hope that the message and thoughts of ijtihad carried out
can be captured properly by these people.67
One of the concrete issues is how the influence of ijtihad independency can be seen during the holy
month of Ramadhan. The thought of mazhabi ijtihad, in this case, represented by Nahdlatul Ulama,
considers the determination of the beginning of the month of Ramadan must be done through the
process of Rukyatul Hilal (moon observation methodology).68 While at the same time, personal ijtihad
represented by astronomers, Falak (Islamic astronomy), and the Muhamadiyah in general, considers
that with the development of established technology, the use of Rukyatul Hisab (astronomical
mathematic methodology) is more appropriate. Then, a big question arises, how should this law run if
the roots of its views seem to be contradictory and incompatible?69 The above issue is a long-standing
issue that continues to play out. An alternative way is urgently needed. Thus, we will apply the
transcendental structuralism developed by Kuntowijoyo to draw a concrete conclusion on this issue.
Ijtihad Independency in Fiqh Product
26 Vol. 19 No. 1 June 2023
In this objectification process, we will see and examine the basis of the views of both groups. In NU's
view, the month of Ramadan can only be noticed when we see the change of the old moon to the new
moon as Hadith of the prophet Muhammad70 so that the process in accordance with the sunnah of the
prophet is to do Rukyatul Hilal at various points to ensure its validity. While in the view of Falak,
astronomy experts, and Muhammadiyah, the meaning of the word month of Ramadan must be
understood contextually. Where humans cannot see the month of Ramadan like people cannot see the
month of August, therefore, to reach the right understanding of the month, it is necessary to mobilize
thinking power to find the time when the month of Ramadhan enters. Of course, the prophet
suggested using Rukyatul Hilal because the Arabs were an ummi (illiterate) community, so they argued
that with the development of accurate technology regarding the determination of the month of
Ramadan, the process was replaced by Rukyatul Hisab.
From the above arguments, if we align, a common denominator is the key to this problem.
Regardless of how to achieve and determine the entry of Ramadan, both parties basically only question
how many elongations and degrees are needed to be considered the entry of Ramadan time. NU takes
3 degrees, while Muhammadiyah considers the existence of a new moon even if it only rises for 0.1
degrees and is declared the entry of Ramadan. Therefore, we can see that the essence of the problem is
not the method but the decision of how many degrees is considered as the entry of the new moon.
In the process, the integralization paradigm can be seen that regardless of the methods used by NU
and Muhamadiyah in achieving these results, in the end, it is the decree that causes the conflict and the
method. However, some will later argue that the decree is a package with the method. But the fact that
the degree decree can be changed proves that determining the Ramadhan includes a leniency process
in that matter.
From the process of objectification and integralization, we conclude that transcendental structuralism
and the growing issue of determining the month of Ramadan must be re-read in a maslahat (benefits)
and constructive manner. This issue has led to a split between the determination of how many degrees
a new month will come. Thus, in the process, this moderate Fiqh product must establish a standardized
and agreed-upon degree determination by Islamic groups determining when the month of Ramadan
comes.
From such discourse, we reflect and rethink how Fiqh products are made and useful not only for
certain communities such as Muhammadiyah or Nahdlatul Ulama. Rather, a Fiqh product must be in
line and give benefits to all groups and communities. Therefore, we can prioritize dialogue with all
groups or Islamic communities to achieve a wasathiyah-based Fiqh or middle way of Fiqh, a product of
Fiqh that can be used by everyone and give benefits to all civilizations in the global Muslim world.
In this study, the debate is on the issue of how Fiqh products are built on the paradigm of Western
and Islamic worldviews. In the value-laden paradigm, the traditions of classical scholars have formed a
superior paradigm and are in line with Islamic personality.71 Thus, Muslims no longer need to follow
what non-Muslims do. This is because it is tantamount to imitating a people. Meanwhile, in value-free
thinking, no barrier distinguishes between what is Islamic and what is not. So, Muslims must weigh the
two and take the one that is most suitable to practice in Islamic society.72 This paradigm issue has
developed into a contentious issue.
Western and Islamic Worldview Paradigm in Fiqh Product
27AFKARUNA
Value-laden thought, which believes that Islamic tradition has accommodated everything in this
world, believes that what is developed in the Western paradigm has more harm than good. Therefore,
according to traditionalists, applying Western thinking to the Islamic paradigm will cause many
problems in the future. Thus, this thought is better prevented.73
In the thought of Syed Muhammad Naquib Al-Attas, he believes that an Islamization of the Western
worldview is needed to build arguments in accordance with shari’a. Al-Attas promotes a value-laden
paradigm because, according to him, the Western worldview emphasizes secular and liberal
understanding, which is not in accordance with the more well-established Islamic worldview. Al-Attas
believes that Islam has developed many established values
since the time of the prophet Muhammad.74 Islam has formed its value-laden that cannot be replaced
by a value-free understanding derived from the understanding of Western freedom.75
Therefore, everything must be Islamized to preserve the purity of Islam from the shady ideas of the
West.76
In contrast to the views expressed by value-laden who are afraid of mixing Western and Islamic
paradigms, the value-free group does not consider it as a problem and even examines the progress of
the Western worldview as an obligation to improve the weak points in Muslims’ thoughts. Therefore,
instead of hiding, Muslims are involved in building a paradigm that all plural groups of society can
accept. Thus, going to school and studying in the West to explore and learn its thinking methodology
is not a problem whatsoever.77
In Hassan Hanafi's thought, he believes that Islam must learn more from the West while criticizing
things considered incompatible with the individual in Islam. This is done to keep Muslims from blindly
following the Western worldview while scrutinizing and mastering Western knowledge and
methodology. Then, Hassan Hanafi also understands there is no need to link Western science with
Qur'anic verses because the Western worldview will reject the supernatural understanding contained in
the Qur'an and Sunnah.78
The latest phenomenon of this topic is the growing issue of being child-free which has been echoed
by some people, for instance, Gita Savitri in recent months.79 Where this issue divides Muslims into two
poles, and one group is absent. In the value-laden paradigm, Allah and the prophet Muhammad have
given the virtue of having many children. This is interpreted by some fuqoha (Islamic Jurists) as a process
for Muslims to become a great force and help each other. But at the same time, in the value-free
paradigm, this issue is seen as an effort to reduce the human population that has reached a far
difference from the available space. Reflecting on this issue, how do we answer the dilemma of the two
arguments above?
The above new issue rapidly gains popularity in recent years. An alternative way is needed. Thus, we
can apply the transcendental structuralism developed by Kuntowijoyo to draw a concrete conclusion on
this issue.
In the objectification process, we see that the child-free rejection group builds its argument on naqli
(theological) arguments that have a strong basis and can be accounted for. Because in fact, the prophet
Muhammad competed with other prophets about who could bring the most followers in the field of
mahsyar (the land of destination for all humans). But at the same time, the argument developed by the
child-free support group is also not wrong. Where currently, there is a mis-proportion between people
and places to live. As a result, there are many displaced and marginalized people with the current
system. They are forced to live in the streets and under bridges. Meanwhile, Islam, as the religion that
cares and respects the mustad'afin (weak people), prohibits Muslims from humiliating their neighbors.
28 Vol. 19 No. 1 June 2023
If we align the two arguments above, we will find a common denominator in which both groups
look at the issue from the right perspective, but the application is in the wrong place. The issue
developed by the value-laden group speaks to the context of a small Islamic society as it happened in
Mecca and Medina in the early pioneering days. But at the same time, the value-free argument is also
correct in that an uncontrolled population explosion also causes harm. Thus, when conditions do not
allow having many children, it is desirable to have just enough children, to maintain the maqashid
shari’a (Islamic legal objectives) that each child has.
From the explanation above, we can integrate the two views by taking the alternative route of
accepting the value-laden theory as the initial condition in which Muslims are essentially depopulated.
This is like what is happening now in Japan, which is experiencing severe depopulation. Thus, this law
applies to every citizen in the Islamic context. However, this does not apply and may even be prohibited
if the region is like India, where the population is overpopulated but still wants to have many children.
Therefore, we must apply the value-free theory to answer the issue.
From this process of objectification and integralization, we conclude on transcendental structuralism
that when speaking in Fiqh products that question the worldviews of Islam and the West, we must place
both in equal positions while making the right decision without offending the other. This can be seen
in how we are demanded to have many children in Sharia. However, the current conditions make it
impossible for the law to be annulled to protect many people from oppression and marginalization.
This reflection shows that dialoguing opposing thoughts can give us an important lesson in which
the issue can be read from different perspectives. Therefore, with this Middle Way Fiqh, we can
construct or issue Fiqh products that listen to and consider both sides while formulating policies that are
moderate and accepted by all parties.
The polemics in the legal discourse on the study of Islamic jurisprudence have been reflected in the
debate over religious authority. There are two poles of thought in Islamic society, firstly, those who
understand religion in a traditional way and emphasize value-laden understanding, and secondly, those
who understand religion in a modern way and emphasize value-free. The two poles have different
paradigms in answering the authority that can determine the meaning of the content of the Qur'an.
The first example is a polemic in understanding the beginning and end of Ramadan. The value-laden
group understands the meaning of reaching the month through direct observation of the new moon. In
comparison, the value-free group achieves this month through mathematical calculations structured
using technology. It raises a long polemic between the accuracy of direct vision and mathematical
calculations. But in fact, through the methodology developed from Kuntowijoyo's paradigm, we find
that the common denominator of this problem is not in the method to reach when the moon arrives but
how high the degree and elongation that the moon needs to reach. Thus, the polemic can be answered
by unifying and directing groups toward a common bond where everything is carefully considered.
Another example of polemic that arises is the case of child-free. The value-laden group understands
this issue as a form of resistance to God's law, while the value-free group sees it as an effort to restrain
the overpopulation rate that occurs in many countries with a large populations and certainly does not
support their lives. Through a study using the methodology of the Kuntowijoyo paradigm, we can draw
a common denominator that all the recommendations developed by both parties have different
bargaining positions. Thus, it cannot be equated and generalized but becomes dynamic to keep up with
the changing problems at different times.
CONCLUSION
29AFKARUNA
The polemic that develops between value-laden and value-free is an issue that cannot be resolved
without neutral dialogues. This is very difficult because everyone always has a bias toward an idea.
However, it is expected that the concept of the neutral authority of meaning based on the paradigm
developed by Kuntowijoyo can help us to formulate a moderate solution. Transcendental structuralism
is used as its formulation tool. Thus, the discourses on Fiqh products, such as the problem of
determining the beginning of Ramadan or child-free, can be approached through this paradigm. This
research is part of the efforts to build the Middle way of Fiqh (Fiqh jalan tengah) that prioritize moderate
opinions.
ENDNOTES
Khaled Abou El Fadl, “The Islamic Legal Tradition,” in The Cambridge Companion to Comparative Law, ed. Mauro
Bussani (New York: Cambridge University Press, 2012), 295–312.
Irwansyah Saputra, “Perkembangan Ushul Fiqh” in Jurnal Syariah Hukum Islam 1, no. 1 (2018): 38–49.
Muhammad Abū Zahrah, Ushul Fiqh (Jakarta: Pustaka Firdaus Kerjasama dengan Perhimpunan Pengembangan
Pesantren dan Masyarakat (P3M), 1994).
M. Quraish Shihab, Kaidah Tafsir (Tangerang: Lentera Hati, 2013).
Saleh, “Khawarij: Sejarah dan Perkembangannya” in El-Afkar: Jurnal Pemikiran Keislaman dan Tafsir Hadis 7, no. 2
(2018): 25–34. Khawarij is a sect that emerged in early Islam because of dissatisfaction to the decision of Caliph Ali
bin Abi Thalib who accepted arbitrate (tahkim) and did not fight Muawiyah. They broke away from the Caliph Ali’s
group. See also. Yunan Yusuf, Alam Pikiran Islam Pemikiran Kalam (Prenada Media, 2016). 43-51.
Hamdi Yusliani, “Pintu Ijtihad Tertutupkah?” in Jurnal Ilmiah Islam Futura 6, no. 2 (2018): 37–50.
Muzakir, “Periodisasi Fiqh (Perbandingan Fiqh dari Masa Rasul SAW sampai Modern)” in Jurnal Ilmiah Islam Futura
7, no. 1 (2018): 25–41.
M. Nasri Hamang, “Sistem Ijtihad dalam Hukum Islam (Metodologi Pembaruan Ibnu Taimiyah)” in DIKTUM: Jurnal
Syariah Dan Hukum 8, no. 1 (2010): 37–46. Ibn Taymiyyah was one of the most vocal voices on the idea of "Return to
the Qur'an and Sunnah" during this period. This idea then caused his name to become famous in Muslim circles at
that time as a person who went against the highest authority by trying to bring back ijtihad in the paradigm of Islamic
legal tradition. His legal tradition thought later became the basis for some reformist groups to challenge the paradigm
that had been intact in Muslim society.
Naila Farah, “Pemikiran Kelompok Tradisionalis dan Modernis” in JURNAL YAQZHAN: Analisis Filsafat, Agama Dan
Kemanusiaan 5, no. 2 (2019): 31–46.
Zina B. Ward, “On Value-Laden Science,” Studies in History and Philosophy of Science Part A 85 (2021): 54–62.
Robert N Proctor, Value-Free Science: Purity and Power in Modern Knowledge (Harvard University Press, 1991).
Ai Fatimah Nur Fuad, “Female Religious Authority among Tarbiyah Communities in Contemporary Indonesia,”
Archipel, no. 102 (2021): 187–207.
Mohammad Hashim Kamali, “Moderation in Fatwa and Ijtihad: Juristic and Historical Perspectives” in Islamic
Civilisational Renewal 7, no. 3 (2016).
Syed Muhammad Naquib Al-Attas, “Islamic Philosophy: An Introduction” in Journal of Islamic Philosophy 1, no. 1
(2005): 11–43.
Safrudin Halimy Kamaluddin et al., “The Characteristic of Popular Schools Madhab Change and Renewal in the
Islamic World,” Al-’Adalah: Jurnal Syariah dan Hukum Islam 6, no. 2 (2021): 316–35.
Abdul Majid Khon, “Paham Ingkar Sunah Di Indonesia (Studi Tentang Pemikirannya),” Jurnal Theologia 23, no. 1
(2017): 57–74.
Khoirul Huda, “Fenomena Pergeseran Konflik Pemikiran Islam dari Tradisionalis vs Modernis ke Fundamentalis vs
Liberalis” in ISLAMICA: Jurnal Studi Keislaman 3, no. 2 (2009): 20–42.
Maksimus Regus, “Islam and the Making of a Non-Violent and Peaceful Public Sphere in Indonesia” in Afkaruna:
Indonesian Interdisciplinary Journal of Islamic Studies 18, no. 2 (2022).
Mohammad Takdir, “Contestation and the Roles of Islam in the Public Sphere: A Sociological Analysis of Religious
Secularization in Indonesia and the West” in Afkaruna: Indonesian Interdisciplinary Journal of Islamic Studies 16, no.
2 (2020): 154–74.
Ai Fatimah Nur Fuad, “Modernity and The Islamists Notion of Active Da’wa” in Afkaruna: Indonesian Interdisciplinary
Journal of Islamic Studies 15, no. 2 (2019): 187–202.
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Sukidi Mulyadi, “The Gradual Qur’ān: Views of Early Muslim Commentators” (Harvard University, 2019). 73-86
Mulyadi. 78-79
Abdolkarim Soroush, Reason, Freedom, and Democracy in Islam: Essential Writings of Abdolkarim Soroush (Oxford
University Press, 2002). 30-38.
Charles D Fletcher, “The Methodology of Abdolkarim Soroush: A Preliminary Study,” Islamic Studies 44, no. 4 (2005):
527–552.
Kuntowijoyo, Islam sebagai Ilmu : Epistemologi, Metodologi, dan Etika, 2nd ed. (Tiara Wacana, 2006). 1-25.
Kuntowijoyo, “Muslim Tanpa Masjid: Esai-Esai Agama,” Budaya dan Politik dalam Bingkai Strukturalisme Transendental
(Bandung: Mizan, 2001), 2001. 9-29.
Imam Gunawan, Metode Penelitian Kualitatif: Teori dan Praktik. (Jakarta: Bumi Aksara, 2022).
Uswatul Khasanah and Muhammad Rosyid Ridho, “Childfree Perspektif Hak Reproduksi Perempuan Dalam Islam,”
Al-Syakhsiyyah: Journal of Law & Family Studies 3, no. 2 (2021): 104–28.
Frank Vogel, “Closing of the Door of Ijtihad and the Application of the Law” in American Journal of Islamic Social
Sciences 10 (2017).
William A Graham, “Traditionalism in Islam: An Essay in Interpretation” in The Journal of Interdisciplinary History 23,
no. 3 (1993): 495–522.
Sukidi Mulyadi, The Gradual Qur’ān, 43-50.
Mulyadi. 39-41.
Mulyadi. 1.
Mulyadi. 159-162. Prof. Dr. M. Yunan Yusuf, an Indonesian mufassir, criticized Sukidi's view because he considered
that the view developed by Sukidi made the interpretation of the Qur'an blind to classical mufassirs. Whereas the
Qur'an, which is rich in vocabulary and meaning, can cause the interpretations developed by classical mufassirs to
become obsolete. This can be seen in various issues such as zarroh, whose meaning is always different in every era.
Yunan Yusuf argues that Sukidi's idea of returning to the Qur'an and Sunnah through the interpretation of classical
mufassirs needs to be reviewed for validity.
Abdolkarim Soroush, Reason, Freedom, and Democracy in Islam.
Aulia Rahmat, “Abdulkarim Soroush dan Evolusi Pemahaman Agama: Sebuah Asumsi Dasar dalam Ijtihad,”
IJTIHAD 37, no. 2 (2021): 91–100.
Ali Akbar, “Abdolkarim Soroush’s Approach to ‘Experience’as a Basis for His Reform Project,” Islam and
Christian–Muslim Relations. 28, no. 3 (2017): 313–31.
Abdolkarim Soroush, Reason, Freedom, and Democracy in Islam.
Charles D Fletcher, The Methodology of Abdolkarim Soroush, 527–52.
Aulia Rahmat and Amin Abdullah, “Abdulkarim Soroush: Hermeneutika Epistemologis dalam Evolusi Pemahaman
Keagamaan,” in Paper Filsafat Ilmu (Yogyakarta: Universitas Islam Indonesia, 2020.
Abu Sufyan and Irwan Irwan, “Agama VS Ilmu Agama: Sebuah Pembacaan Teori Epistemologis Abdul Karim
Soroush”, TAJDID: Jurnal Pemikiran Keislaman Dan Kemanusiaan 6, no. 1 (2022): 14–21.
Al Mas’udah Al Mas’udah, “Agama dan Pemikiran Keagamaan (Membedah Teori Abdulkarim Soroush tentang
Qabdh Wa Bast)” in Jurnal Al Himayah 2, no. 1 (2018): 1–16.
Jasser Auda, “Maqasid Al-Shariah: An Introductory Guide” in Herndon: International Institute of Islamic Thought,(IIIT),
2008.
Zuhroni, “Studi Komparasi Metodologi Penetapan Hukum Islam Lembaga-Lembaga Fatwa di Indonesia” in ADIL:
Jurnal Hukum 3, no. 1 (2012): 46–72.
Ajub Ishak, “Daya Serap Lembaga-Lembaga Fatwa di Indonesia Terhadap Masalah Hukum Kontemporer” in Al-Mizan
(e-Journal) 11, no. 1 (2015): 102–18.
Abdi Wijaya, “Respon Lembaga Fatwa Terhadap Isu Fikih Kontemporer: Studi Komparatif Lembaga Fatwa MUI,
Majelis Tarjih Muhammadiyah dan Bahtsul Masail NU” in Mazahibuna: Jurnal Perbandingan Mazhab 1 no. 2 (2019).
Kuntowijoyo, Islam Sebagai Ilmu, 27-80.
Kuntowijoyo. 9-11.
Achmad Baiquni, Alquran, Ilmu Pengetahuan dan Teknologi (Yogyakarta: PT. Dana Bhakti Prima Yasa, 1996), 161. In
Prof. Dr. Achmad Baiquni's paradigm, although science can be connected to verses in the Qur'an, he strongly opposes
understanding science enveloped in Qur'anic verses. This is because science is not something that is certain and will
always experience developments in every era. As for the Qur'an, this does not apply because Allah has protected it from
various kinds of attempts to corrupt and destroy it. Modern paradigm has a few weaknesses that can cause danger if
not paid attention continuously.
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44
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47
48
49
Kuntowijoyo, Islam Sebagai Ilmu, 6-7.
Kuntowijoyo. 27-34.
Kuntowijoyo, Identitas Politik Umat Islam (Bandung: Mizan, 1997).
Muhammad Fadli, "Interpretasi Khaira Ummah Surah ‘Ali ‘Imran Ayat 110 (Studi Analisis Pemikiran Kuntowijoyo
Tentang Sosial Profetik)” in Thesis UIN Raden Fatah Palembang (2022).
Kuntowijoyo, Muslim Tanpa Masjid.
Kuntowijoyo, Islam Sebagai Ilmu, 38-47.
Kuntowijoyo. 49-80.
Kuntowijoyo, Identitas Politik Umat Islam (Bandung: Mizan, 1997), 84-86.
Akhmad Sulaiman and Nur Ikhlas, “Objektifikasi Qisas dan Diyat: Sebuah Tawaran Pembaharuan KUHP” in
Al-Ahkam Jurnal Ilmu Syari’ah Dan Hukum 3, no. 1 (2018): 69–84.
Kuntowijoyo, Islam Sebagai Ilmu, 29.
Kuntowijoyo. 49-56.
Kuntowijoyo, Identitas Politik Umat Islam (Bandung: Mizan, 1997), 86-88.
Kuntowijoyo, Islam Sebagai Ilmu, 38-47
Muhammad Zuhdi Karimuddin, “Kedudukan Mazhab, Taklid dan Ijtihad dalam Islam” in Al-Qadha: Jurnal Hukum
Islam dan Perundang-Undangan 6, no. 1 (2019): 55–65.
H Amir Syarifudin, Ushul Fiqih Jilid II, vol. 2 (Prenada Media, 2014).
Muhammad Yusran Hadi, “Mazhab Fiqh dalam Pandangan Syariat Islam (Mengkritisi Pendapat Mewajibkan Satu
Mazhab)” in Dusturiyah: Jurnal Hukum Islam, Perundang-Undangan dan Pranata Sosial 7, no. 2 (2018).
Abi Hasan, “Ijtihad Tidak Membatalkan Ijtihad yang Lain” in Bidayah: Studi Ilmu-Ilmu Keislaman 27 (2018): 1–12.
Abd Wafi Has, “Ijtihad Sebagai Alat Pemecahan Masalah Umat Islam” in IAIN Tulungagung Research Collections 8, no.
1 (2013): 89–112.
Puad Rijal, “Hisab dan Rukyat Menurut Nahdlatul Ulama dan Muhamadiyyah dalam Penetapan Awal Bulan
Qamariyah” in Diploma Thesis UIN Sunan Gunung Djati Bandung (2019).
Ali Imron, “Pemaknaan Hadis-Hadis Hisab-Rukyat Muhammadiyah dan Kontroversi yang Melingkupinya” in Jurnal
Studi Ilmu-Ilmu Al-Qur’an dan Hadis 15, No. 1 (2014): 1–22.
This hadith appears in the Ibn Majah’s kitab, which explains that the Arabs are an ummi nation so they do not perform
hisab.
Muhammad Abdullah and Muhammad Junaid Nadvi, “Understanding the Principles of Islamic World-View” in
Dialogue (Pakistan) 6, no. 3 (2011).
Abdelaziz Berghout, “Toward an Islamic Framework for Worldview Studies: Preliminary Theorization” in The
American Journal of Islamic Social Sciences 24, no. 2 (2009): 22–43.
Shahrbanou Tadjbakhsh, “International Relations Theory and the Islamic Worldview,” in Non-Western International
Relations Theory (Routledge, 2009), 184–206.
31AFKARUNA
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