MUHAMMADIYAH.OR.ID, PEKALONGAN — A Muhammadiyah scholar, Al-Yasa’ Abubakar, addressed a common misconception: the blurring of lines between sharia and fiqh. At the 32nd National Conference of the Muhammadiyah Council for Fatwa and Renewal at the Universitas Muhammadiyah Pekajangan Pekalongan (UMPP) on Saturday, February 24, he emphasized the crucial distinction between these two foundational concepts within Islamic law.
Al-Yasa’ Abubakar emphasized that sharia and fiqh are not interchangeable concepts, as many believe. He explained that sharia, in its purest form, refers solely to the divine teachings found in the Quran and the Sunnah. Fiqh, on the other hand, represents the interpretations and deductions drawn from these sources by human scholars.
Al-Yasa’ Abubakar elaborated on the distinction, stating that sharia should be understood as the core, unadulterated teachings originating from the Quran and hadith, free from any human influence. Fiqh, however, encompasses various elements of human reasoning and application, including legal rulings (fatwas), codified laws (kanun), established societal customs, and even academic research. He firmly stressed that sharia remains untouched by human interpretation, maintaining its divine essence.
“Previously, sharia was often understood as encompassing both the Quran and hadith, while fiqh was seen as encompassing human interpretations like fatwas, laws, customs, and research. However, I believe sharia is solely the Quran and hadith, while fiqh represents the realm of human understanding and application,” clarified Al-Yasa’ Abubakar.
Al-Yasa’ Abubakar’s insights offer a crucial step towards a more nuanced understanding of the relationship between sharia and fiqh. Amidst widespread misconceptions that can potentially hinder public comprehension of Islamic law, his explanation underscores the importance of accurately grasping these distinct concepts.
While sharia is considered an immutable entity, remaining unchanged since the Prophet’s passing, fiqh is characterized by its dynamic nature. Al-Yasa’ Abubakar emphasized that after the Prophet’s passing, new fiqh cases continued to emerge, necessitating ongoing interpretations and adaptations to meet evolving societal contexts and needs. He stressed the significance of ijtihad, a continuous process of renewed interpretation, as a crucial tool for ensuring the relevance of fiqh in the face of a constantly changing world.
One specific area where Al-Yasa’ Abubakar believes fiqh needs to adapt is the inclusion of legal entities within its scope. In today’s world, legal subjects extend beyond individuals to encompass corporations and other entities. He argues that the evolving cultural landscape and advancements of modern society call for corresponding changes in the structure and application of Islamic law. Therefore, Al-Yasa’ Abubakar sees the continuous development of fiqh as an essential means to ensure Islamic law remains aligned with the realities of the contemporary world.
By acknowledging the inherent flexibility of fiqh and advocating for ongoing ijtihad, Al-Yasa` Abubakar’s perspective provides valuable insights that can stimulate further dialogue and critical thinking around the relevance and application of Islamic law in our evolving world. His insights pave the way for ensuring that Islamic legal principles can continue to offer guidance and support to diverse communities in the modern era.
