فقه التعايش بين المسلمين وغيرهم في إندونيسيا : دراسة مقاصدية

Abstract

This study deals with the subject of the jurisprudence of coexistence between Muslims and non-Muslims in light of the objectives of Islamic Law (Maqasid Shari’ah) with special reference to the Indonesian society. In view of the complexity of the subject and its manifold aspects and dimensions with their ramifications in the present and their rootedness in the past, the researcher has ensured that his treatment of those aspects and dimensions be balanced and comprehensive, be it in their historical and sociological manifestations, or in their intellectual and theoretical underpinnings, or in their practical and applied forms. In order to do justice to this holistic treatment of the different aspects and many dimensions of the subject, the researcher has adopted a complex methodology combining a number of methods. Thus, descriptive and historical methods have been used to uncover the historical roots of coexistence relationships between Muslims and non-Muslims from their early beginnings at the coming of Islam to Indonesia and throughout their development over the centuries till the present, with clear attention equally paid to the theoretical as well as the concrete levels of those manifestations of coexistence relationships in the Indonesian experience. In this context, a map has been objectively drawn to reflect the reality of religious plurality of the present Indonesian society. The researcher has also applied the analytical method with a view to elucidate the theoretical and intellectual foundations of human coexistence from an Islamic perspective and anchor its meaning and dimensions in light of Maqasid Shari’ah, while looking at it from the wider horizon of the Islamic view of man. In order to deepen this aspect of theoretical anchoring (ta’sil) of the subject, the researcher has employed the comparative method to contrast and evaluate the different theses competing on the Indonesian intellectual scene concerning the way of dealing with problems arising from the reality of religious diversity and plurality of the Indonesian society. The study has shown that Indonesia has a long and rich experience of peaceful coexistence between Muslims and non-Muslims based on mutual respect and understanding in most of its historical stages and even cooperation on many occasions. It has also shown that grounding the phenomenon of human coexistence between Muslims and others in the fundamental rules, general principles and universal objectives of the Islamic Shariah, provides a solid argument to address all problems and issues arising from this phenomenon. Concrete examples attesting to the operationalization of this epistemological and methodological framework have been provided in the applied (tanzili) part of the study based on the concept of Maqasid-based ijtihad.