Memahami Fiqh Sosial Kh. Ma Sahal Mahfudh “Fiqh Sebagai Etika Dan Gerakan Sosial”

Abstract

Understanding of fiqh (Islamic law) - by linking it to the socio-cultural conditions of Indonesian society and the spirit to restore its function as a 'guide' - continues to be made by Muslim scholars and intellectuals in the country. Throughout the years 1970 to 2000, appeared figures whose ideas and ideas surfaced. Their thinking becomes a topic in various discussion forums of Islamic law, both in the environment of pesantren, civitas academika, and in social institutions. One of these figures is KH. M.A. Sahal Mahfudh who not only carry the discourse with his book 'Nuansa Fiqh Sosial', but also has done a lot of social movements in the framework of implementation of his thinking. Fiqh as a practical derivation of the teachings of the Qur'an and Hadist actually has a position that distinguishes it apart from other scientific disciplines. Fiqh also serves as a normative foundation for behaving Muslims, either individually or collectively. However, the formalistic fiqh character is not infrequently invite a contradiction with the theological life of the human life. Therefore, KH. MA Sahal Mahfudh carries the Social Fiqh which he calls 'the development effort of madhhab qouli and manhaji in the framework of fiqh is no longer as a rigid positive law, but denotes it as social ethics and the foundation for social movements in realizing the ideals of human life , sa'adatuddaraini (happiness in the world and the hereafter).

Bureau of Boarding and Community Development (BPPM) and Actualization of Social Fiqh Kiai Sahal

“…(Mahfudh 2011). Fiqh in Kiai Sahal's concept of social fiqh strengthens his anthropocentric character, namely the perspective that makes humans the target of maqāşid al-syarī'ah (Rohmah 2017). Human needs in social fiqh are seen as a consideration in the application of fiqh that is in harmony with human life.…”

“…Because when fiqh is enforced as a positive state law, the executor in its implementation tends to be repressive, imposes will, and is punished by law enforcement officials. If fiqh is applied like this, it is likely that what will happen is that fiqh which is the positive law of the country becomes a public ghost (Rohmah 2017), not the ethical awareness of humans as taklif bearers and holders of the mandate of khalīfatullah fī al-arď.…”

Fiqh Sosial Paradigm for Understanding Universal Values of Pancasila

“…Kiai Sahal menyatakan bahwa memahami sejarah perkembangan fiqh dengan hanya mengandalkan paradigma ilmu-ilmu sosial tidak akan sampai pada kesimpulan yang benar. Demikian pula sebaliknya, apabila fiqh hanya dilihat sebagai sesuatu yang sakral, maka akan terjebak pada hasil kajian yang tidak bijaksana (Nurur Rohmah, 2017).…”