Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Disclosing the Side of Islamic Legal Methodology Out of the Syafii Fiqh Mazhab on the Interpretation of Muslim Scholars Constellation and the Dynamics of Fiqh in Serdang Sultanate (1856-1946)

Author(s): Nispul Khoiri

The Syafii fiqh mazhab became the official mazhab of the Serdang Sultanate. It is not only a religious practice but also a legal methodology as a reference. However, when advocating for contemporary legal cases, the Muslim scholars develop istidlal processes outside the Syafii fiqh mazhab. First, the reason for the benefit, this is a priority. Legal arguments such as istihsan, maslahat al-mursalah, sad al-dzariah and maqashid al-sharia, which in fact are based on mazhab outside of Syafii fiqh, in which the substance teaches about benefit, is actually used in cases of law during the Sultanate of Serdang, such as the law of injections to save many people therefore the law of injection is allowed. Second, the development of the istidlal process. There is a tendency that the pre-muslim scholars' mind today is more open-minded, not dwelling on just one mazhab, with this openness can solve legal problems that arise. Third, the need for law in advocating for problems that arise, requires legal arguments such as istihsan, maslahat al-mursalah, sad al-dzariah and maqashid al-sharia are seen as solutions in the midst of legal dynamics. Fourth, the support and democracy of the Sultanate of Serdang for the istidlal process, has made Islamic law quite developed. The Sultan was not too strict and rigid in using the Syafii mazhab even though it was the official royal mazhab. On the other hand, the Sultan gave room to the istidlal processes of other mazhabs. The process of determining the law is carried out through an istidlal process outside of the Syafii fiqh mazhab. Such as the use of istihsan argument, maslahat al-mursalah, sad al-dzaraiyah and maqashid al-Sharia. This legal methodology as a solution is accepted by all muslim scholars and the output of the law is issued containing benefits felt by the Islamic community of Serdang. In other words, the legal methodology (ushul fiqh) used was not only text-oriented (al-taqlidi) but muslim scholars of the Serdang Sultanate were also able to accommodate ushul fiqh that were oriented towards legal objectives (al-Maqashid)”

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