Postmodernism Approach is Islamic Jurisprudence
Postmodern Fiqh : An Analysis On Gender Issues
Abstract. The history of Islamic law (hukm) gone through fluctuations of phases. From the time of the Prophet PBUH, it continuously to become a dynamic force in fulfilling the contemporary needs of the Ummah. After the period of taqlid, Islamic jurisprudence gone through the process of tajdid in order to rejuvenate Muslim society to the practice of
Ijtihad. Changes that happened in social circumstances and the developments in the field of science dan technology caused some of the products of fiqh seen to be obsolete or don't really meet the contemporary needs of society. The new developments also bring about new issues which their answers cannot be traced in the works of classical fiqh. According to that scenario, some new trends start to exist in the typologies of the contemporary
Islamic law and one that has stood out is the postmodernism approach in fiqh. It refers to a new trend in Islamic law that utilize contemporary approaches in deciding the Islamic law (hukm). This trend tends to utilize the postmodernism approach in the process of interpretation of the divine texts. Eventually, the conclusions that they made show some radical differences from the conclusion of the classical jurists and also of some Muslim mainstream scholars. The important figures that are in this classification are persons including Muhammad Syahrur, Fatima Mernissi, Ashgar Ali Engineer, Amina Wadud and others. This group of thinkers and scholars seems to neglect the normative guide in classical Usul al-Fiqh and tend to formulate new approaches in law deciding process such as deconstruction, hermeneutics, limitation theory, and double movement theory.
This article tend to discuss this new discourse of 'Postmodern Fiqh' and analyze some of its new conclusion especially in laws that relate to gender issues such as polygamy, inheritance, and woman's testimony.
Keywords: Islamic law, school of thought, postmodernism,
Abstract. The history of Islamic law (hukm) gone through fluctuations of phases. From the time of the Prophet PBUH, it continuously to become a dynamic force in fulfilling the contemporary needs of the Ummah. After the period of taqlid, Islamic jurisprudence gone through the process of tajdid in order to rejuvenate Muslim society to the practice of
Ijtihad. Changes that happened in social circumstances and the developments in the field of science dan technology caused some of the products of fiqh seen to be obsolete or don't really meet the contemporary needs of society. The new developments also bring about new issues which their answers cannot be traced in the works of classical fiqh. According to that scenario, some new trends start to exist in the typologies of the contemporary
Islamic law and one that has stood out is the postmodernism approach in fiqh. It refers to a new trend in Islamic law that utilize contemporary approaches in deciding the Islamic law (hukm). This trend tends to utilize the postmodernism approach in the process of interpretation of the divine texts. Eventually, the conclusions that they made show some radical differences from the conclusion of the classical jurists and also of some Muslim mainstream scholars. The important figures that are in this classification are persons including Muhammad Syahrur, Fatima Mernissi, Ashgar Ali Engineer, Amina Wadud and others. This group of thinkers and scholars seems to neglect the normative guide in classical Usul al-Fiqh and tend to formulate new approaches in law deciding process such as deconstruction, hermeneutics, limitation theory, and double movement theory.
This article tend to discuss this new discourse of 'Postmodern Fiqh' and analyze some of its new conclusion especially in laws that relate to gender issues such as polygamy, inheritance, and woman's testimony.
Keywords: Islamic law, school of thought, postmodernism,