Islamic Law in Indonesia: Baḥtsul Masāil Ijtihad and the Production of Knowledge

DOI

10.2991/assehr.k.211014.007How to use a DOI?

Keywords

Ijtihad, Baḥtsul Masāil, Islamic Law

Abstract

Indonesia is a state of law, while the majority of the population is Muslim. As a result of this circumstance, Islamic religious-based fatwa institutions are widespread. Numerous religious organizations have their own institutions managing fatwas on legal issues from both an Islamic and organizational perspective. Baḥtsul Masāil is one of them. This institution is affiliated with Nahdlatul Ulama, Indonesia’s most prominent Islamic community organization. The purpose of this paper is to examine how Baḥtsul Masāil manages Islamic law/fatwa and its intersection with the production of legal knowledge, which cannot be divorced from the organization’s religious style. This article employs a portion of Foucault’s genealogical critical discourse analysis approach. After conducting qualitative analysis, this article argues that whenever the Baḥtsul Masāil considers a legal case, it always attempts to project its consideration to the four schools of Islamic law, namely the Shafi’i, Hanafi, Maliki, and Hambali schools. If the four schools are unable to resolve the legal issue, they move on to other schools or employ alternative reasoning with new considerations. Genealogically, this projection is a manifestation of the strong traditional authority in NU institutions. This is not to say that NU abandons the modernization of legal thought.

Copyright

© 2021, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Asrizal Saiin
AU  - Abdul Kadir Jaelani
AU  - Muhammad Jihadul Hayat
AU  - Arifki Budia Warman
AU  - Muhammad April
PY  - 2021
DA  - 2021/10/16
TI  - Islamic Law in Indonesia: Baḥtsul Masāil Ijtihad and the Production of Knowledge
BT  - Proceedings of the International Conference on Environmental and Energy Policy (ICEEP 2021)
PB  - Atlantis Press
SP  - 26
EP  - 30
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211014.007
DO  - 10.2991/assehr.k.211014.007
ID  - Saiin2021
ER  -