Islam is a religion that is easy and loose, not religion a difficult and narrow. Thus the assertion Rashid Ridla Yusrul as stated in his book Islam wa Usul at-constitution, al-‘Am (Ease Basics of Islam and Islamic Law General Legislation). Book published in 1928 is a refutation of the author on two fronts at once: a vibrant conservative clerics blindly applying sharia and secular Muslims who want to imitate the West spindles and totally ignore sharia. But what kind of ease of Islam?
In this work, Ridla states that shari’a in prinsipinya includes two domains: worship (rituals are summarized in the five pillars of Islam) and mu’amalah (worldly areas such as economic, social, legal and political). Matters relating to worship, said Ridla, requiring the revelation of God to set it up, both in terms of general principles and details. As for the matter mu’amalah, the revelation of God only set general principles, while the details of implementation left to the human mind according to their needs and interests. The general principle is summarized in the hadith of the Prophet wa la la dlarara dlirara fil Islam (in Islam, should not do harm to themselves and must not harm others).
The scholars of Islamic legal methodology (usul fiqh) in general refers to the hadith above when they talk about the concept mashlahah (interest and public good) as the basis for legislation mu’amalah Islamic law in the region. It’s just that they disagree about how far mashlahah independently can be a source of Islamic legislation, and what are the limits.
Al-‘Amidi, for example, states that the real purpose of Islamic law mashlahah identical to itself, so there should be no legal basis other than the Shari’ah. Meanwhile, Al-Syathibi mashlahah could be argued that the basis of Shariah legislation insofar as it is supported by texts (Al-Qur; an and hadith). In other words, for him, mashlahah on him is not an autonomous source for tasyri ‘. But according to Najm al-Din al-Thufi, a scholar bermazhab Hanbali Islamic legislation should actually pivot on interest / public good. That is, if there are rules of Islam which proved contrary to mashlahah, these rules should be canceled by itself. It’s not about ignoring the texts of the revelation of God to be guided by the human mind (remember, Al-Hanbali Thufi bermazhab the tekstualis!), But leave one practice texts texts for other, more fundamental, namely hadith wa la la dlarara dlirara fil Islam which I call on top.
Rashid Yusrul Ridla in Islam seems to lean toward the opinion of Al-Thufi that puts the public interest as the only foundation for the constitution, in matters of community settings. In fact he went further by placing people as active agents who determine the criteria mashlahah. Way is through the establishment of a collection of experts on Islam, science and social sciences (Ahl-ul-halli wal ‘aqdi) are supported by competent authorities (ulil amri) in the system of representative governance (shura).
Ridla this opinion seems to be a solution which he offers to answer the anxiety stronghold mashlahah scholars who reject the doctrine on the grounds that it could be twisted by a tyrannical ruler for his own political interests, or misused by some Muslims to be arbitrarily my religion, according to their tastes its own. In the eyes Ridla, such anxiety might be reasonable, but not insurmountable. Also not by itself invalidate the status mashlahah as the basis for legislation to Islamic law.
It could be said that Islam Yusrul reflects the strength of the traces salafism pioneered progressive legal thought Muhammad Abdu Rashid Ridla coloring. That motion calling for the Muslims back to the example of the Prophet and the early generations of pious Muslims to “pick up” modernity itself. It is noteworthy that contrary to the Wahhabi-style salafism hostile to rationality, in the eyes of Abduh’s Salafi Islam is a return to pure Islam, the Islam that upholds rationality and not contaminated taqlid (attitude simply parrot the opinions of previous scholars).
Abduh’s influence is reflected in the view of at least Ridla that puts people as active agents generally determine their own interests as the basis for the constitution,. According to Professor Wael Hallaq, it indicates that outside the area of worship, a place that gives Ridla quite central to the role of natural law and human law in its efforts to translate the meaning of wa la la dlarara dlirara in a modern context.
Do-do, such an attitude that just makes it worth mentioning as an air-kaffah Islam is a smart, because this attitude did not vacate the area mu’amalah of God laid down the general principles, while remaining sensitive to the rate of progressive historical necessity. That is why according to Ridla and Abduh, that Islam is not difficult.
* AKHMAD SAHAL, Vice Chairman of the Board of the Special Branch of the American-Canadian NU