Analisis Historis Dan Filosofis Terhadap Pemikiran Reaktualisasi Hukum Islam Munawir Sjadzali
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Having ijtihad is a blessed consequence for a Muslim whenever he finds nash in which the message is not clearly understood or the existing nash is not capable of overcoming the actual and existing problems of the society. Therefore Islam needs to formulate the new Islamic law for them, as done by our founding fathers of Islam. To protect, maintain, and develop the main function and goal of the establishment of Islamic law, it is urgently needed to reformulate and reconstruct the outdated Islamic law theories which are no longer relevant to the developments of the nowadays context and future condition and situation. Munawir Sjadzali, as the contemporary and modern think-tanker, was much interested in developing the Islamic law. He did not only proposed some ijtihad relating to the two areas of nash above but also to the clearly-understood nash but irrelevant to the context of the recent era, situation, and condition based on maqasyid al-syari'ah. He thought that ijtihad plays a great part constantly in responding the changes of the developing society. Consequently, there appears a problem of “How are the Munawir Sjadzali’s Ijtihad and its relevance to the development of Islam for all times?” Being aware of the irrelevant and outdated literal meaning of nash for the changing needs in the constantly developing society, Munawir Sjadzali proposed a theory of “Islamic Law Reactualization”, in maintaining and keeping the relevance of Islamic message with the ongoing real life,. Consequently, the strengthening of the comprehensive and methodological thoughts of Islamic Law Reactualization needs to be studied and analyzed further, either historically and philosophically, to find out and verify the ideas of Munawir Sjadzali. This is done for having the firm base for the concept of Islamic Law Reactualization thought instead of baseless thought. Referring to the research problem, the researcher uses the theory of maqa>s}id al-syari>ah and benefit based perspective, by historical and philosophical approach, for answering some cases and problems in Islamic Law Reactuaization. There are four firm legal standings of Islamic Law Rectualization of Munawir Sjadzali. They are the concepts of asha>b al-nuzu>l, na>sakh-mansu>kh, mas}lahat, and adah. Munawir argued that the four concepts are the facts of which the Islamic Law is flexible in responding and accommodating the social changing needs, based on its situation and the condition. The proposal of the Islamic Law Reactualization thought by Munawir Sjadzali was initiated from his experience in his life whether in relation to the family life, education, or his important position in Indonesia and abroad. His experience influences much the thought of Islamic Law Reactualization. He, along his life, found a lot of irrelevant Islamic law establishments to the changing demands of contextually applicable Islamic law and, accordingly, he proposed the thought of Islamic Law Reactualization for the sake of the effective Islamic law application and common benevolence and benefit based. By having this way, Islamic law is always easily accommodated by its followers (shalihun likulli zamanin wa makanin).