HERMENEUTIKA M. ˋĀBED AL-JĀBIRĪ DAN IMPLIKASINYA TERHADAP HUKUM ISLAM

(Kasus Nasakh dan Nikah Mutˋah)

Abstract

Al-Jābirī’s hermeneutics and its implications for Islamic law is topic of this article. Framework thinking of al-Jābirī’s hermeneutics was constructed on the basis of two principles, al-faṣl and al-waṣl. Al-faṣl principle was applied by using three approaches; structural analysis, historical criticism, and ideological criticism, while the principle of al-waṣl using mathematical-intuition approach. He had applied that methodological construction in the interpretation of the Qur’an, as the source of all sources of Islamic law. The implication is reconstruction, and even deconstruction, of various theories and themes of Islamic law. Theoretically, one of which is about nasakh. For him, no nasakh in the Qur’an, except human’s understanding about law is changed. While thematically, one of which is mutˋah. As a consequence of the absence nasakh in the Qur'an, for him mutˋah remain in force if the condition and the situation requires.