توظيف المصلحة في قضايا الأحوال الشخصية عند الليبراليين في إندونيسيا : دراسة تحليلية نقدية

Abstract

This research, acknowledging that Maṣlaḥah has an important role in solving problems concerning events (Nawazil) and new cases (Mustajaddat), aims at studying Maṣlaḥah and its application in personal status issues (Al-Aḥwal al-Shakhṣiyyah) among liberals in Indonesia. But liberals have applied them inaccurately, turning improbable rulings into probable ones as well as turning constant into changing variables without regulators (Ḍawabiṭ). Examples of such inaccuracies can be seen in how Indonesian liberals allow for a Muslimah to marry an infidel man, same sex marriage, and encourage for absolute equality between men and women in rights and obligation. All of the abovementioned rulings, the liberals argue, are based on Maṣlaḥah. Indonesian liberals are staunch proponent of the three principles of Islamic jurisprudence, namely “substance over form”, “the texts can be abrogated by Maṣlaḥah“, and “the texts can be revised by the intellect of society”. These three rules apply in the Counter Legal Draft-Kompilasi Hukum Islam (CLD-KHI). In order to clarify these problems, the researcher relied on the inductive approach to gather information related to the subject. The study employs critical and analytical approach in analyzing the views adopted by Indonesian liberals and discusses their opinions in the light of the recognized principles of Islamic jurisprudence and Islamic legal maxims prescribed in Islamic law. The researcher has reached several results, including; liberals avoided the methods of the Uṣūliyīn in devising terms by disassembling them. They have three principles of Islamic jurisprudence that have no controls and limits in their uses and applications. In their applications, they lose the texts in the name of Maqasid that follows their passions not Al-Maqasid al- Shar’iyyah, and they abolish and nullify the texts in the name of Maslahah if both of them are contradicting. Liberals even revise texts based solely on human intellect and conveniently disregard established traditions and historical records and evidences.