Adaptability of Islamic law CHANGES TO socio-cultural ( STUDY OF THOUGHT Mohammed Arkoun AND MUHAMMAD Shahrur )


"... When social environments change and evolve, the role of various history is also changing and evolving. A history that may have little impact on an era will have an enormous impact on other days. A history that is deemed credible in an age likely to be unreliable in another age ".
- Khaled Abou El Fadl [1])
The statement above indicates that the conversation about the development of law and social change are the two entities that can not be separated. [2]) Similarly, the development of Islamic law in the constellation that makes social interactions deemed important. Such a form of social interaction, the accelerating pace of social change. The impact of social change is not only caused the gap between the old values ​​with new values, but also causes the gap between Islamic law [3]) which has been established with the social realities that continue to experience changes. [4])
Based on a growing literature, that the law because it has a relationship with the physical laws that are assumed should not change it, face the challenges of social change that demands adaptability of it. Islamic law is usually defined as the law is religious, sacred and holy, which therefore timeless. How can such a law to face increasingly complex challenges of change? The question is certainly raised in a fundamentalist efforts to display the problem of adaptability of Islamic law in answering the challenges of contemporary discourse. [5])
Changes that occur in society is a common symptom. In the sense that this change will about social phenomena called the law. Thus, in conscious or not, the changes in social and cultural praxis [6]) will affect the values ​​associated with the law.

At the time of the change, sometimes the law as if it were in a position separate from social reality, but the law is essentially social reality itself. Thus, the legal system in every society has the nature, scope and character of its own. Similarly, in Islam, that Islamic law has its own style when faced with social reality. [7])
One of the effects of social change is so great that this can affect the concepts and institutions of Islamic law. [8]) Meanwhile, the decrees of the text of al-Quran and Sunnah is not adequate to accommodate any new issues relating to the law. So how do I extend the provisions of the law are limited in order to meet the demands of social change?
To answer the question above, of course, required serious study of the text messages of al-Quran and Sunnah as a source of Islamic law as well as historical-sociological aspects underlying the occurrence of revelation. A form of interpretation of the text, either explicitly or implicitly, by involving the sociological context of the decline in the text. The study was conducted in order to strengthen the thesis adaptability of Islamic law to changing socio-cultural.
The importance of sociology as a tool for assessing the Islamic law because, (1) sociology of law is a science which in theory empirically and analytically highlight the influence of other social phenomena of law and vice versa, [9]) and (2) sociology of law intended to give explanation of legal practices. [10])
In the 19th century AD, this new so-called sociology as a discipline in itself. [11]) The most important factor is the birth of science, according to Hotman M. Siahaan, because the influence of the ideas of enlightenment philosophy of empiricism and rationalism that began in England and France. [12]) positivism and empiricism, according to Nurcholish Madjid, has strong roots in the intellectual tradition of Islam, such as epistemology Ibn Taymiyyah and Ibn Khaldun is regarded as founder of modern empiricism and positivism preceded John Stuart Mills and David Hume. [13]) Although Ibn Khaldun mastering several disciplines, such as history, philosophy, economics and politics, but he is better known as a historian and sociologist, "Father of Sociology of Islam". [14])
Sociology of law is essentially born out of the results of the thinking of expert thinkers, both in the field of philosophy (of law), science and sociology. [15]) studies the sociology of law at first under fire from legal experts among the pure and sociology itself. They looked at the birth of this science have implications on the lack of clarity about the law. About the roots of this suspicion, according to Georges Gurvitch sourced from the working area lawyer who focuses only on the issue quid juris, whereas sociologists describe quid fakti own duty in the sense of returning to the social facts of the relationship of various forces. [16]) Thus, according to Gurvitch that the issues that emerged among legal experts is the assumption that the sociology of law as the law intends to destroy the norms and principles to organize all the facts and as an assessment. As for the sociology alarming revival of good and bad judgments (value judgments) in the investigation of social facts through the sociology of law. [17]) when in fact the sociology of law intended to reconcile the conflict between law and sociology expert on legal issues.
Sociologist, sociologists like Henry Maine, Roscoe Pound, Emile Durkheim, Max Weber and Eugen Ehrlich tries to apply the methodology of sociology into the legal system. However, among the figures sociology of Durkheim and Weber were just the most extensive influence on the thinking of the sociology of law. [18]) In fact, among its own Muslim thinkers who wrestled postscript to the issue of Islamic law tend to be-regardless of the pros and cons of using the sociology of law- Weber as a tool to analyze the dynamics of Islamic law in the face of social change.
Departure from historical reality, that in the 19th century AD, after the Muslim community, directly or indirectly controlled by Western-start, they soon make reforms of Islamic law. Whether an update is in order to codify or modify the laws of Islam, but a very strong religious reaction among Muslims to the legislative efforts of the reformers were aware of the complexity of the problem changes in Islamic law. [19]) In addition, the role of law on the sociology of science has contributed very important in influencing the mindset of Islamic law reformers.
Correction and reform of Islamic law (shari'a) that were previously believed not to be changed and is considered to have established a complete and has occurred throughout the history of Islam, [20]), particularly since the mid-19th century AD [21]) Indirectly, these updates appears after the entry of Western civilization, especially the sociology of law, into the minds of Muslims. Peak, this science began many Muslim scholars used in appreciating the text of al-Quran and Sunnah as a source of Islamic law in the 20th century. Of the many Muslim thinkers is Mohammed and Mohammed Arkoun Shahrur, where the rationale of both figures is the object of this study.
On that basis, the authors consider that the study of thinking and Mohammed Mohammed Arkoun Shahrur is a need for a decent discussion. This donation was very important, especially in the reform discourse of Islamic legal thought is given Arkoun and Shahrur is their serious efforts in campaigning for the historical hermeneutic model approach [22]) in reviewing and interpreting reschedule the Islamic tradition.
Mohammed Arkoun was a prominent Algerian thinker who rolled the critique of reason Islam (al-'aql naqd al-Islāmīy or Critique de la raison Islamique) in an effort to interpret reschedule (rethinking) al-Quran and Sunnah, so that in turn is run according to Islamic law developments time. Arkoun reform movement departs from modernist rationality synthesis with ijtihad and the classical tradition. This is evident from the movement in response to the development of Islamic law when faced with the complexity of contemporary issues facing Muslims.
As for Muhammad Shahrur is a controversial thinker of Damascus (Syria), which rolling a method in understanding the messages of revelation of the Koran and Sunnah, the theoretical limit. The ideas of reform in the future lead to resentment and anger many Muslims, particularly the traditionalists and fundamentalists, because they deviate from the rules that have been set text the Qur'an and Sunnah.
Both Shahrur Arkoun and both use a method of renewal of Islamic law which departs from the result of a merger between the classical tradition with contemporary social reality. Arkoun with the theory of rational criticism of Islam and Shahrur with the theoretical limit (h {udūd), tried to offer solutions to various problems faced by Muslims today.
Above issues to be interesting to study, because (1) the birth of thought and Mohammed Mohammed Arkoun Shahrur in response to most of the sociological conditions of the Muslim community, especially among revivalists and neorevivalis or traditionalists and fundamentalists who still understand and apply Islamic law in textual, partial and rigid, (2) as a response to Islamic law reform movement spearheaded by the modernists, where Arkoun and Shahrur see keliberalan groups could lead to interruption of Hassan Hanafi-term borrow-as the root of modern rationality of the classical tradition (revelation), [23 ]), so this factor becomes unclear factor of Islamic law, (3) a heated debate among revivalist and modernist Islamic legal concept of adaptability to changing socio-cultural, (4) the influence of sociological thinking and Mohammed Mohammed Arkoun Shahrur in studying Islamic law, and (5) similarity sociological context and Shahrur Arkoun faced, but gave birth to offer a different theory in appreciating contemporary issues.
Although the reform movement and Shahrur Arkoun meant to criticize and refine theories of Islamic law that developed earlier, theory does not mean that the offer did not contain flaws. By looking at the issue, the strengths and weaknesses of the theory of hermeneutics and Shahrur Arkoun is part of the research study, in addition to its response to the adaptability of Islamic law to changing socio-cultural.
B. Main Issues
Based on the above problems, it can be withdrawn formulation of the problem as follows:
1. How is the response Mohammed and Mohammed Arkoun Shahrur adaptability of Islamic law in relation to socio-cultural change?
2. How relevance theory criticism of Islam Mohammed Arkoun reasoning and theory of limits in an effort to confront Muhammad Shahrur adaptability of Islamic law to changing socio-cultural?
C. Goals and Purpose
The purpose of this study are:
1. Describe and analyze the responses and Mohammed Mohammed Arkoun Shahrur adaptability in the face of Islamic law to changing socio-cultural Muslims?
2. Assess the strengths and weaknesses of the theory developed Mohammed and Mohammed Arkoun Shahrur legal reform caused by socio-cultural changes?
The usefulness of this research are:
1. To enrich the treasures of Muslim intellectuals in the fields of sociology and hermeneutics of Islamic law of the Koran.
2. Finding a systematic theory in interpreting the text of the Qur'an and Sunnah so that it can reach a definition of law in accordance with maqās {id ash-Shari'ah without ignoring the social reality.
3. Give the feel of thinking that is more conducive and realistic.
4. As a methodological contribution for further research, especially relating to changes in Islamic law in contemporary Islamic legal studies.
D. Reader Review
As far as I know, the study of Arkoun and Shahrur still a conversation about the ins and outs of thought the two men. From the search results to a variety of writings that explore ideas and Mohammed Mohammed Arkoun Shahrur not found a comprehensive review that discusses aspects of adaptability of Islamic law and its impact on socio-cultural changes. Moreover, one study that specifically compares the thoughts and Mohammed Mohammed Arkoun Shahrur. Generally, writing is just to peel aspect Arkoun thinking in the field of Islamic legal reform, inheritance, interfaith marriage, interfaith dialogue, secularism and the hermeneutics of al-Quran.
Some works, among others: Tradition, Modernity and Metamodernisme: Thought thrash Mohammed Arkoun, [24]), edited by H. Johan Meuleman, contains a collection of articles was initiated by intellectuals observers thought Arkoun. The writings in the article is presenting various perspectives of thought was initiated by Arkoun.
Furthermore, Suadi Putro, an alumnus of Graduate UIN Sharif Hidayatullah Jakarta, in his thesis also examines Arkoun thinking about the issue of Islam and modernity. The study of this thesis was originally distributed in book form, Mohammed Arkoun about Islam and Modernity. [25]) The focus of the study of the book revolves around the issues of secularism, political, and social development. As an epilogue of the study is that Islam as a religion and tradition of thought, will face a number of intellectual challenges. Therefore, before providing creative responses, Muslims must first properly understand the various issues raised by modernity. This book does not mention explicitly the link between social change and Islamic law in the perspective of Mohammed Arkoun.
Dismantling the Hidden: An Application of Concept Critique of Reason Against Prohibition Arkoun Islam Interfaith Marriage, [26]) this book attempts to review the problems of prohibition of intermarriage with borrowed reasoning criticism of Islam as Mohammed Arkoun lancet issue. As a result, the radical conclusions of this book is that the prohibition of intermarriage is textually contained in the Koran are also preserved in the books of tafsir, fiqh, is legislation that is constructed by political interests, understanding of the Companions and the scholars of tafsir, fiqh hegemony by political ideology of Dar al-Islam and Dar al-Harb.
In the book there is a writing anthology of Islamic Studies Zuhri with "Tracing the roots of Mohammed Arkoun methodological thinking about Islamic thought". [27] Regarding the discussion of the Koran, Zuhri took kongklusi that Arkoun filed study the Koran with synchronous exploration that includes the study of linguistics, semiotics, sosiokritik and psikokritik, in addition to the anthropological and historical perspective into analysis tools Arkoun. In the original thesis work of graduate IAIN Sunan Ampel Surabaya, conclusions Zuhri simplitisi impressed, because he did not elaborate further what is meant by the many approaches being used and intended by Arkoun in fact, that this paper still seem obscure and re-written in the form pendeskripsian Arkoun without any meaningful analysis.
Western scientists are very keen to clear and keep abreast of thinking Arkoun, Robert D. Lee, also wrote a book in which, among others, present ideas Arkoun titled, Looking for Authentic Islam: From Iqbal to Poetic Reason Reason Critical Arkoun. [28]) The latest book about the thoughts written by an alumnus Arkoun UIN Sunan Kalijaga Yogyakarta, Ruslani, Community Book and Interfaith Dialogue. [29]) This book describes the view Arkoun about interfaith dialogue that begins by outlining the various methods and approaches used Arkoun in religious studies, particularly examining the Islamic thought and interpretation of the Koran.
In addition to written book, also written several articles, M. Nasir Tamara wrote "Mohammed Arkoun and Islamology Applied". [30]) is discussed specifically here about anxiety Arkoun of Islamic studies by Islamologist (West) is excessively concentrated on writing (ecriture), elite culture (la culture savante) and official religion (religion officielle). In this case, Arkoun recommended the need to do a study of another culture and life of Muslims past the unwritten.
Johan Hendrik Meuleman writings can also be found in another article, "Reason and Reason Islamic Modern: Introducing Arkoun Thought". [31]) This article though comprehensive, but rather an attempt to understand the nature of instruction in Arkoun thinking in general. In it is mentioned that many of the works Arkoun influenced by the concept of post-modern philosophical thought, such as the concept of discourse and episteme Michel Foucault, Derrida and deconstruction of the myth of Paul Ricour concept.
Then has written also an article that puts the thought in the discussion Arkoun not special, but just make it a part of analysis. The article "Islamic Thought in the Context of Post-Modernism: Approaches Towards a Critique of Islamic Reason" by Lutfi al-Syaukani, [32]) put Arkoun, besides Abid al-Jabri, post-modernism as a thinker who has been growing criticism in the philosophical tradition of Islamic thought .
The study found many Shahrur thinking in gender issues, methodology, interpretation, inheritance, polygamy and the hermeneutics of al-Quran. For example, the article discusses Sahiron Syamsuddin Shahrur method of interpreting the Koran in the book Al-Quran Contemporary Studies: New Discourse Interpretation Various methodologies. [33]) The book, Tafseer Gender Verses in the Quran Review Of Thought Muhammad Shahrur in Contemporary Readings, [34]) that contains the methodology and concepts Shahrur as pensikapan of cases of gender today. The book History of Islamic Legal Theory: An Introduction to Sunni Usul Fiqh School, [35]) by Wael B. Hallaq a Palestinian Christian intellectuals, who thought Shahrur cited as one of religious liberalism thinker flow (religious liberalism).
Irma Laily Fajarwati Thesis, entitled Principles of Boundary (al-H {udūd) in Islamic Law Shahrur According to Muhammad. [36]) This paper does not examine the relationship between social change in Islamic law, but the study only focused on the concept of al-h {udūd Shahrur in Islamic law. However this thesis is less satisfactory because there is no analysis of the concept of al-h {udūd Shahrur in the adaptability of Islamic law and its influence on socio-cultural. Furthermore, Sharif Ahmad thesis entitled Theory of Boundaries in Islamic Inheritance Law: Top Thought Muhammad Shahrur Studies in the Book of al-Quran wa. [37]) This paper examines only Shahrur thinking about inheritance under Islamic law.
From the description of the works of thought and Shahrur Arkoun above, the discussion on the formulation of rational criticism of Islam Shahrur Arkoun and theoretical limits of adaptability of Islamic law has never been done. From the survey thesis-thesis student UIN Sunan Kalijaga Yogyakarta also not found anyone in discussing the views and Mohammed Mohammed Arkoun Shahrur about adaptability of Islamic law to changing socio-cultural. Considering the various results of the literature survey, the authors propose a discussion regarding the above-mentioned title had never discussed anyone else.
Therefore, there are two objectives in this study (1) examines how responses Mohammed and Mohammed Arkoun Shahrur adaptability of Islamic law and its implications on socio-cultural changes, and (2) how the relevance of the theory that they use in the face of changing socio-cultural affected the changes in Islamic law.

E. Theoretical framework
The basic problems continually disrupt the thinking of Muslims, especially intellectuals, is the lack of harmony of the relationship between Islam as a doctrine with the realities of social life of Muslims everyday. This issue is caused by a shift in social contexts that underlie Muslim revelation. Therefore, we need a deeper understanding of the system is easy, comprehensive, and touching elaboratif concrete problems that continue to experience changes. This guidance, according to Syaiful Muzani, partly be met by adopting the social theories which are mostly historical product of Western society. [38])
Therefore, to assess response and Mohammed Mohammed Arkoun Shahrur adaptability of Islamic law and its influence on socio-cultural changes are used sociological theory, particularly the theory developed by Max Weber. [39]) As for their interpretation of the text of the Quran and Sunnah used the theory of hermeneutics, a process of changing something or a situation of ignorance into understanding. [40])
Lexically hermeneutics means "an attempt to understand or interpret", [41]) but the use of hermeneutics in this study contains a very broad sense, the science of understanding. According Schleirmacher, hermeneutics is a theory about the elaboration and interpretation of texts on traditional concepts of scripture and dogma. [42]) Meanwhile, Emilio Betti said that the interpreter's task is to clear up the problem to understand, by way of investigating every detail of the process of interpretation . In addition, he also had to formulate a methodology that will be used to measure how far the possibility of the influence of subjectivity on the interpretation of the objective. [43]) Thus, before performing the task of an interpreter must first understand and grasp the tendency of a text, so the message becomes part of the interpreter. Here the interpreter has a very significant role in revealing a text's meaning. [44]) Because of this, not only about intellectual insight, background and sociological conditions faced by interpreters, but also about objectivity. In other words, the extent to which the interpreter is able to detach themselves from the influence of subjective judgments.
Edmund Husserl (1859-1938), German phenomenological flow figures, offers a solution to solve the problem, namely by combining the total objectivity and subjectivity total. For according to Husserl, object and meaning never occurred simultaneously or together, because at first the object is neutral. If not, then the object becomes meaningless at all. [45]) For Husserl's method is really scientific method is able to make the phenomenon appeared to correspond to reality. [46])
While Fazlur Rahman to give some positive notes on objective hermeneutics. For Rahman, an objective interpretation can also be done in the area of ​​religious texts, and it is expected, that in Islamic tradition between text and context are inseparable. So that the text finds its meaning in context. [47]) Concept offered Rahman is a double movement (double movement), which is a pilgrimage of understanding of the birth of the text in the past to fully understand the current environment, then brought back to the present. [48]) To uncover the real phenomenon appeared behind it is the intuitive observation. There are three stages of reduction in the intuitive observation, (1) phenomenological reduction, which filters out the first observation of targeted experience to the existence of the phenomenon. Here interpretator observe this phenomenon in relation to consciousness without doing the reflection of the facts found by observation because of a major in life is to find and get rid of subjectivity which is a barrier for the phenomenon in nature reveals itself, (2) reduction of ethical, ie effort to find the hidden nature of the phenomenon. The reduction involves the analysis of a phenomenon in detail, (3) reduction of the transcendental, ie filter out all the relationships between observed phenomena and other phenomena. In this case, the reduction must find a transcendental pure consciousness with consciousness aside so that the empirical self-consciousness is no longer based on connectedness with other phenomena. [49])
From the above description, it can be concluded that the hermeneutics here attempts to analyze and determine the structure that existed at the time of interpreting a particular object in which the person is acting as perpetrators. [50]) If this theory is reconcilable with the study of texts of the Koran, [ 51]) then the problem faced is how the text of the Koran is present in society, then understood, interpreted, translated and didialogkan in order to interpret social reality. [52]) Thus, there should be an assessment of the Koran is universally how we (especially to the text of the Koran) to behave and treat it.
Furthermore, in analyzing the socio-cultural change in relation to changes in the sociological theory of Islamic law plays a very important role. Because it concerns the situation and the social conditions underlying the decline in the text, that is how the relationship interplay between text and context (social reality).
One of the interesting aspects of Weber's thought is his analysis of social action (social action). By definition, Weber formulated sociology as a science that seeks to interpret and understand (interpretive understanding) social action and social relations between for up to the explanation clause. [53]) Thus, the definition of Weber's sociology contains two basic concepts. First, social action. Second, the interpretation and understanding.
If we draw on Weber's theory of action into law, then the theory gives rise to a process of rationalization of law. In examining the relationship of law and social change, Weber was very concerned about the nature of political power in a country. According to Weber, the ways of law and judicial administration in the past been done by way of harmonization (conciliatory) the dispute between ethnic groups. But, if the system organizing in running the government was run in a rational, most likely in the legal process will run in a rational society, too. This is what Weber referred to as a process of rationalization of law.
The core of Weber's sociological theory of law is the difference between the arbitrary, the legislature "ad hoc" and the legal decisions taken logically from the general laws. The difference between rational and irrational law is coupled with a distinction between formal and substantive criteria to produce four ideal types of law. [54]) Thus, there are two ways to obtain justice. First, adherence to the rule of law. Second, consider the situation and condition. Thus, the legal changes as said Weber is in accordance with the changes that occur in the public system in question.
If the theory of Weber's sociology of law above is drawn into the Islamic law, it found its relevance to the changes that occur in Islamic law. Departing from the standpoint of sociology that a society is always changing, where these changes can affect the structure of the thinking of the values ​​prevailing in society. Therefore, the social changes it brought a very significant impact for the implementation of Islamic law that gave birth to different laws according to different places and times. While on the other hand, the change may affect the permanence and constancy of Islamic law.
F. Research Methods
Every scientific activities to be more focused and rational needed a method in accordance with the object in question, because this method alone serves as a way of doing something to get satisfactory results. Arabic proverb says, "the method of approach is more important than the material itself", that is, if the discussion on a matter not pay attention to the methods used, or the method used is not correct, then the material will not be well understood. In addition, the method is also a way of acting in an effort to research activities can be accomplished in a rational and purposeful order to achieve optimal results. [55])
Obviously, this study examines the response Mohammed and Mohammed Arkoun Shahrur adaptability of Islamic law to changing socio-cultural. The method used in the preparation of this are as follows:
1. The nature of research
The nature of this research is descriptive-analytic, which attempt to describe an event with symptoms and what it is like the one describe by a figure. [56]) In other words, the properties that were examined are the properties of both the character and events that occur around the character that affects thoughts, then continued by analyzing each event to look for strengths and weaknesses.
2. Types of research
This study includes the type of research literature (library research), which is the main ingredient used library materials.
3. Data collection techniques
The research included in this type of research literature (library research), then the method used in the search data is based on a literature study, namely to explore the scientific work in accordance with the object of research, written by Mohammed and Mohammed Arkoun Shahrur itself in the form of books or articles ( as primary data) and scientific papers that explore the characters are thinking thematically relevant to the conceptual (as secondary data).


4. Data processing techniques
a. Collecting data and examined primarily from the aspect of completeness and validity and its relevance to the theme of discussion.
b. Classify and systematize the data and formulated in accordance with the main existing problems.
c. Perform advanced analysis on data that has been in classifying and in sistematisasikan by using the arguments, principles, theories and concepts appropriate approach to obtain the correct conclusion.
5. Analysis of data
As a way to draw conclusions from the data already collected will be used the method of philosophical analysis. The elements are used to analyze in this study are:
First, interpretation, namely diving and fishing on or about the meanings and nuances of human expression are studied, in order to reach a correct understanding. [57])
Second, holistika, ie subjects who are the object of study is not only seen in atomatis (isolated from the environment), but viewed in interaction with the rest of reality either by himself or herself in a relationship with everything. [58])
Third, historical continuity, in this personal development must be understood as a continuity. The series of activities and events in everyone's life is a chain that does not break. [59])
Fourth, comparison, ie comparing the figures between the view that the object of research with a view of the other characters in particular that have comparable quality in the field of science. [60])
6. Approach to problem
As a research-patterned philosophical analysis of the thought leaders within a specific time during the past, a methodological study using historical-sociological approach (social history), [61]) as the study of history is biographical, [62]) is an approach This is every product idea is basically the result of interaction of a thinker with the socio-cultural and socio-politics surrounding them. [63]) Thus, the socio-historical influences on the thinking and Shahrur Arkoun also explored, along the incident affect their thinking.
G. Systematics Pembahasaan
To facilitate the reader in reviewing this thesis, the author divides the discussion of five chapters. The systematic discussion in this thesis are:
The first chapter consists of an introduction that background so that the subject matter studied. From here, the subject matter is drawn to guide further research, then presented the purpose and usefulness as well as the study approach used in the writing of this thesis, followed by a literature review, theoretical framework, research methods and recent systematic discussion.
Furthermore, to provide a clear picture of the adaptability of Islamic law, then in the second chapter the authors point out an overview of the issue of adaptability and development of Islamic law. In this chapter discussed the notion of adaptability of Islamic law, the concept of mas}} ah and lah-kind stuff, link between Islamic law, shari'a and fiqh, the principles of Islamic law, Islamic law factors that influence and social change in Islamic law. Then the authors put forward regarding the aspects covered in Islamic law, the nature and characteristics of Islamic law, and philosophy underlying sources of Islamic law, authority and implementing Islamic law makers and the last basic principles in the establishment of Islamic law. Thus, sub-sub covered in this second chapter presents a picture conception of Islamic law in a comprehensive development mainly to do with adaptability in response to changing socio-cultural, so that will facilitate further review.
The third chapter raised social and cultural background of figures that were examined, reviewed the biographies and personalities that influenced him (intellectual-career). Then describe how the typology of thinking both in the discussion of ideas and Mohammed Mohammed Arkoun Shahrur about the adaptability of Islamic law to changing socio-cultural, the basic concept of the Koran, Hadith and Sunnah understand, considerations about the theory of hermeneutics of al-Quran and Shahrur Arkoun in efforts to resolve the problem of adaptability of Islamic law, as well as the criticism of reason against the fiqh and Islamic Arkoun position Shahrur boundary theory in addressing any issues of fiqh in direct contact with the socio-cultural aspects of society. Thus, sub-sub covered in this third chapter describes the basic assumption of this thesis that will facilitate the dive and Shahrur Arkoun thinking and its relevance to the adaptability of Islamic law to changing socio-cultural.
The fourth chapter analyzes both the figures of thought. This analysis, as mentioned in the methods of research, to see the similarities and differences in the character of thought. The results of the findings in this research study presented in this chapter.
Furthermore, the fifth chapter as the last chapter of the whole series of discussions, conclusions and discussion presented earlier chapters that clarify the answers to the issues that were examined as well as in additional notes and put forward suggestions from the authors regarding the scientific development in this decade in order to achieve things better and more advanced.




[1] (Khaled Abou El Fadl is Professor of Islamic Law at UCLA Law School, United States. Graduates of Yale and Princeton-wrestle previous Islamic studies in Kuwait and Egypt-this is very good at describing classical Islamic values ​​in a modern context. By various circles, he was touted as "an enlightened paragon of liberal Islam". Also known as a thinker and writer, Abou El Fadl also known as a public speaker leading. Active in various human rights organizations, like Human Rights Watch and the Lawyer's Committee for Human Rights . As for his works have been widely published and translated, among others: Rebellion and Violence in Islamic Law (2001), Council of Book: Touring the beauty of Islam from the Book of the Book (2002), Against Soldiers of God: The Arbitrary Authority and the Islamic Discourse (2003), Islam and the Challenge of Democracy (2004), the Name of God: From Authoritarian to Jurisprudence Jurisprudence Authoritative (2004).

[2]) A few important notes about social change in relation to changes in Islamic law, see Muhammad Khalid Masud, Islamic Legal Phylosophy: A Study of Abu Ishaq al-Shatibi's Life and Thought (Pakistan: Islamic Research Institute, Islamabad, 1977), pp.. 1-5, 20-24 and 287-311; idem, Philosophy of Islamic Law and Social Change, translation Yudian W. Asmin (New York: Al-Ikhlas, 1995), pp.. 23-28, 42-49, 297-311 and 329-342; Khaled M. Abou El Fadl, the Name of God: From Authoritarian to Jurisprudence Jurisprudence Authoritative, translation R. Cecelia Lukman Yasin (New York: Porch, 2004), pp.. 211-220 and 246-258; See also Fazlur Rahman, Islam and Modernity: On Intellectual Transformation, translation Ahsin Mohammad, cet. to-2 (New York: Library, 2000), pp.. 32-36; ditto, Opening Doors of Ijtihad, Anas translation Mahyuddin, cet. to-3 (New York: Library, 1995), pp.. 265-271; idem, Islam, Mohammad Ahsin interpreter, cet. to-4 (New York: Library, 2000), pp.. 376-393.
[3]) Islamic law generally known as fiqh-understand language that have meaning, often also called the Shariah, which means the act. Naming the term fiqh and sharia indicate broad in scope in the totality of life, so its application in other aspects of life should be regarded as an attempt of understanding religion itself. On the third equation of this term, see Ahmad Hanafi, Introduction and History of Islamic Law (New York: Crescent Star, 1995), pp.. 9-11; Amir Syarifuddin, Reform Thought in Islamic Law (Padang: Space Kingdom, 1990), pp.. 13-17: See also some of the work of M. Hasbi ash-Shiddieqy, Philosophy of Islamic Law, cet. to-5 (New York: Crescent Star, 1993), pp.. 44; idem, Islamic Sharia Answering the Challenge Period (New York: Crescent Star, 1966), pp.. 35; Compare with M. Zuhri, Islamic Law in the Panorama of History (New York: RajaGrafindo Persada, 1996), p.. 1; Masud, Islamic Legal Phylosophy., Pp.. 22-24; Saleem Akhtar, Shah Bano Judgement in Islamic Perspectife: A Socio Legal Study (New Delhi: Book Bahavan, 1994), pp.. 5.
[4]) Ghufron A. Mas'adi, Fazlur Rahman Thoughts on Renewal of Islamic Law Methodology, cet. to-2 (New York: RajaGrafindo Persada, 1998), pp.. 57-58.

[5]) In general, there are two views in order to answer this question. First, who are held down by a large number of such lslamisis CS Hurgronje, Ignaz Goldziher and Joseph Schacht, as well as by most Muslim jurists oriented hadith (traditionalist), argues that Islam is the eternal law which therefore can not adapt (immutable) with social change. The second view, which is held by another Islamisis, like Wael B. Hallaq and Linant de Bellefonds and Muslim modernists, like Subhi Mahmassani, argues that Islamic law can adapt to social change. This is because it is based on three considerations: (1) is {{ah mas (human good), (2) the flexibility of Islamic law in practice, and (3) emphasis on ijtihad (independent legal reasoning). More information, see Amir Mu'allim and Yusdani, Configurations of Islamic Legal Thought, cet. to-2 (New York: UII Press, 2001), pp.. vii-x; Kamaruzzaman, "Foundress study Islamic law in the West: Scnouck Hurgronje and Ignaz Goldziher and continued by Joseph Schacht", Paper (unpublished) Orientalism lecture delivered at the Faculty of Islamic Sharia Law Department PMH semesters III UIN Sunan Kalijaga Yogyakarta , (2003); See also Masud, Islamic Legal Phylosophy., pp.. 21-22.

[6]) Culture (Cultur) means the work, taste and creativity based on the initiative, was associated with the habit (of customary law), means the law arising from the customs recognized by the community. Social and cultural definitions of clearly visible as pointed out by the Moeslim Abdurrahman, citing the opinion of Tolcott Parsons in Theories of Society that culture is a system related to the ideas and values ​​held by specific communities. Social means a system related to the interaction of a number of groups in society. Read Moeslim Abdurrahman, Transformative Islam, cet. to-2 (New York: Library of Eden, 1995), pp.. 173 and 175; Soerjono Soekanto, Dictionary of Sociology (New York: Eagles Press, nd), p.. 74, 176, 177 and 334.
[7] (Islamic law who live and thrive in societies characterized as Islamic law is patterned responsive, adaptive and dynamic. This can be seen from the sensitivity of the issues relating to Islamic law, both patterned thinking nor the findings of the events that occurred in the community .
[8]) Masud, Islamic Legal Phylosophy., Pp.. 1.
[9]) As a basic framework for understanding sociology as part of academic study, see Soerjono Soekanto, Principles of Sociology of Law, cet. to-7 (New York: RajaGrafindo Persada, 1994), pp.. 27; Sudirman Tibba, Sociology of Islamic Law (London: UII Press, 2003), pp.. 1.

[10]) See also Sudjono Dirdjosisworo, Sociology of Law: Study of Law and Social Change (New York: Eagles, 1983), pp.. 76.

[11]) Hotman M. Siahaan, Introduction to Sociology Directions History and Theory, cet. to-2 (New York: grants, 1986), pp.. 96.

[12]) Ibid.
[13]) Nurcholish Madjid (ed.), Khazanah Islamic Intellectual (New York: Crescent Star, 1985), pp.. 48; idem, "Fazlur Rahman and the Reconstruction of Ethics of the Koran", Islamika, No.. 2 (1993), pp.. 28.

[14]) Dahlan Abdul Aziz (et al.), Encyclopedia of Islamic Law (New York: New Ichtiar Van Hoeve, 1997), pp.. 368.

[15]) Read Satjipto Rahardjo, Law and Society, cet. to-3 (London: Space, 1984), pp.. 20; See also Soekanto, Principles of Sociology., Pp.. 28.

[16]) Georges Gurvitch, Sociology of Law, Mertodipuro Sumantri translation (New York: Brhatara, 1988), pp.. 1.

[17]) Ibid., Pp.. 1-2.
[18]) For more details about the sociology of thought leaders of this law, see Friedmann, Theory and Philosophy of Law: Philosophical Idealism and The Problem of Justice (structure II), (Jakarta: Eagles, 1990), pp.. 99-109, 136-147; Gurvitch, Sociology., Pp.. 25-35, 52-58; Rahardjo, Law., Pp.. 19-29, 102-108; Soekanto, Principles of Sociology., Pp.. 36-51.
[19]) Masud, Islamic Legal Phylosophy., Pp.. 3.
[20]) by Wael B. Hallaq, Authority, Continuity and Change in Islamic Law (New York: Cambridge University Press, 2001), pp.. ix-xiv.
[21]) See, eg, Dale F. Eickelman and James Piscatori, Muslim political expression, rather Suhud Ropik language (London: Mizan, 1998), pp.. 38; Fazlur Rahman, "Islamic Modernism: Its Scope, Method and Alternatives", International Journal of Middle East Studies, Vol. I (1970), pp.. 324; R. Hrair Dekmejian, Islam in Revolution: Fundamentalism in the Arab World (New York: Syracuse University Press, 1985), pp.. 78.
[22]) Hermeneutics historical hermeneutic is one that sees the flow of the text as an external and temporary exposition of the author's mind, while trying to convey the truth that may not be representative embodied in the text. Conversely, in order to understand the meaning of the text, a person or a reader (reader) must perform search and dialogue are critical to the socio-cultural circumstances surrounding the author (author) when the meaning of the text is composed. See M. Amin Abdullah, "Hermeneutic Approaches in Religious Studies fatwa Fatwa: The process of finding meaning Negoisasi Community Text, Authors and Readers", Abou El Fadl in the introduction, the Name of God., Pp.. vii-xvii; Komaruddin Hidayat, Understanding the Language of Religion: A Hermeneutic Study (New York: Paramadina, 1996), p.. 128-132.
[23]) Project turās \ and Tajdid Hassan Hanafi is intended as a criticism of the attitude of traditionalists and modernists in treating Islamic law. Hanafi using the method of us} ul al-fiqh as a tool to appreciate the scientific traditions of modern Western philosophy (phenomenology) built Edmund Husserl. Furthermore, look at some of the work of Hassan Hanafi following: Occidentalism: Attitude We are against Western Tradition, translation M. Najib Buchori (New York: Paramadina, 2000), pp.. 1-10; ditto, Turās \ and Tajdid: Attitudes We Against Turās \ Classics, translation Yudian W. Asmin (London: Titian Divine Press, 2001), pp.. 22-32: idem, "al-Yasar al-Islami: Islam Transformative Paradigm ', rather language Muzani Syaiful, Islamika, No. 1 (1993), pp.. 4-5.
[24]) Johan Hendrik Meuleman (eds), Tradition, Modernity and Metamodernisme: Mohammed Arkoun thrash Thought (New York: LKiS, 1996).
[25]) Suadi Putro, Mohammed Arkoun about Islam and Modernity (New York: Paramadina, 1998).
[26]) Suhadi, Dismantling the Hidden: An Application of Concept Critique of Islamic Reason Arkoun Interfaith Marriage Against Prohibition.
[27]) Zuhri, "Tracing the Roots Methodological Mohammed Arkoun of Islamic Thought", in Thoha Hamim (ed.), Anthology of Islam (New York: IAIN Sunan Ampel, 1999).
[28]) Robert D. Lee, Finding Authentic Islam: From Reason to Reason Critical Poetic Arkoun Iqbal, Ahmad Baiquni translation (London: Mizan, 2000).
[29]) Ruslani, Book Society and Interfaith Dialogue (New York: Landscape, 2000).
[30]) Nasir Tamara, "Mohammed Arkoun and Applied Islamology", Ulumul Qur'an, Vol. 1, No.. 3, (1989), p.. 45-51.
[31]) Johan Hendrik Meuleman, "Reason and Reason Islamic Modern: Introducing Arkoun Thought", Ulumul Qur'an, Vol. IV, No.. 4, (1993), pp.. 93-705.
[32]) Lutfi al-Syaukani, "Islamic Thought in the Context of Post-Modernism: Approaches Towards a Critique of Islamic Reason", Ulumul Qur'an, Vol. V, No.. l, (1994), pp.. 20-27.
[33]) Sahiron Shamsuddin and Abdul Mustaqim (ed.), Contemporary Studies of Al-Quran: New Discourse Interpretation Various Methodologies (New York: Tiara Discourse, 2002).
[34]) M. Aunul Abid Shah, et. al (ed.), Islam Guards Front: Mosaic Middle East Thought (Oxford: Mizan, 2001).
[35]) by Wael B. Hallaq, History of Islamic Legal Theory: An Introduction to Science School Sunni Usul Fiqh, translation E. Kusnadiningrat and Haris bin Abdul Wahid (New York: RajaGrafindo Persada, 2000).
[36]) Irma Laily Fajarwati, "The concept of Muhammad Shahrur about Polygamy (Analytical Study of Normative Aspects and Philosophical Aspects)", Unpublished Thesis, Yogyakarta: Yogyakarta UIN Sunan Kalijaga, 2002.
[37]) Ahmad Sharif, "Theory of Boundaries in Islamic Inheritance Law: Top Thought Muhammad Shahrur Studies in the Book of al-Qur'an wa ', Unpublished Thesis, Yogyakarta: Yogyakarta UIN Sunan Kalijaga, 2003.
[38]) Syaiful Muzani, "Islam in the Modernization Theory of Hegemony", in Edy A. Efendy (ed.), Deconstruction of Islam: The school of Chester (London: Age Discourse Noble, 1999), pp.. 256.
[39]) Max Weber was a German jurist who is interested in the interconnection between the legal systems with the socio-political conditions. Completed his academic education at the universities of Heidelberg (1882) and Berlin (1884). While working on his doctoral thesis, Weber worked as a young lawyer for 4 years (1887-1891). The next job she applied for legal counsel for the city of Bremen. His doctoral dissertation titled "The Mediavel Commercial Association" which examines the principles of commercial law which they finished in 1889. Then post-doctoral dissertation titled "Roman Agrarian History" which examines agriculture in the Roman civil and criminal law perspective was completed in 1891. Subsequently in 1893 was appointed Professor of Jurisprudence at the University of Berlin. While the study of sociology of law include: the Roman law, German, French, Anglo Saxon, Jewish, Islamic and customary law Polynesia. As for the works of Weber, among others: Tendencies in the Development of the Situation of Rural Workers in Eastern Germany (1984), The Social Causes of the Decadence of Ancient Civilization (1884), The Protestant Ethic and the Spirit of Capitalism (1904), Essay on Some Categories of Comprehenssive Sociology (1913), The Economic Ethic of the Universal Religion (1915), The Sociology of Religion (1916) and Economy and Society (1919). To more clearly study the biography of Weber, see Briyan. S Turner, Sociology of Islam: An Analytical Review of Sociology Tesa Weber, G. translation A Ticoalu, cet. to-2 (New York: Eagles, 1991), pp.. 205: George Ritzer and Douglas J. Goodman, Modern Sociological Theory, translation Alimandan cet. to-6 (New York: Golden, 2004), pp.. 38-39; Soekanto, Principles of Sociology., Pp.. 45. As for Weber's work, particularly Economy and Society, explained the theory of action (action theory), see K. J. Veefer, Social Reality: Reflections on the Philosophy of the Social-Community relations Individuals in Horizon History of Sociology, cet. to-4 (New York: Scholastic Press, 1993), pp.. 170-195.
[40]) Etymologically the word hermeneutics derives from the Greek "hermeneuin" which means interpreting. The noun is "hermeneia" which means interpretation or interpretation. This term reminds us of the Greek mythological figure named Hermes is on a mission to deliver a message to the human Jupiter. Hermes or Mercury in Latin called portrayed as people who have winged feet. Further elaboration of these terms, see E. Sumaryono, Hermeneutics: A Method of Philosophy (New York: Canisius, 1999), pp.. 23-24; Richard E. Palmer, Hermeneutics: New Theory Concerning the Interpretation, translation and Damanhuri Muhammed Musnur Hery, cet. to-2 (New York: Student Press, 2005), pp.. 14; Fakhruddin Faiz, Qur'anic Hermeneutics: Between Text, Context and Contextualization, cet. to-2 (New York: Qalam, 2002), pp.. 20; Azim Nanji, "Towards a Narrative Hermeneutics and Other in Isma'ilism Thought", in Richard C. Martin (ed.), Approaches for Islamic Studies in Religious Studies, translation Zakiyuddin Bhaidawy, cet. to-2 (Surakarta: Muhammadiyah University Press, 2002), pp.. 226; Mochtar Effendy, Encyclopedia of Religion and Philosophy, cet. to-2 (University of Srivijaya, 2001), pp.. 324-325; Josef Bleicher, Contemporery hermeneutics: hermeneutics Method, Philosopy and Critique (London, Boston, and Henley: Routledge & Kegan Paul, 1980), pp.. 1. Hermes in Islamic civilization is known as the Prophet Idris. Among the Jews themselves identified as Thoth Hermes. While in Egypt he had no other mythology is Moses. See also Seyyed Hossen Nasr, Knowledge and the Sacred (Edinburgh: Edinburgh University Press, 1981), pp.. 72.
[41]) Mircea Eliade, The Encyclopedia of Religion, volume 6 (New York: Macmillan Publishing Company, nd), p.. 279.
[42]) Sumaryono, Hermeneutics., Pp.. 37.
[43]) Ibid., Pp.. 31; Palmer, Hermeneutics., Pp.. 42; Read also in Damanhuri, "Learning Together Betti Theory Hermeneutics", in Nafisul Atho 'and Arif Fahrudin (ed.), Transcendental Hermeneutics: From Configuration to Praxis Islamic Philosophical Studies (New York: IRCiSoD, 2003), pp.. 39-41.
[44]) In the context of discourse analysis (analyze discourse), the text is a discourse that has been settled in writing (any discourse fixed by writing). This text emphasizes the aspect of "wordless" and "authorless". Thus, the meaning of a text in terms of internal and structural relationships. In Paul Ricoeur's observation that the text of this kind of autonomy implies triplicate. Ie text to mean the author of autonomy, autonomy of the text of the cultural situation and sociological conditions in which texts are produced and autonomy for early readers. More info on this, see John B. Thompson (Tr. and ed.), Paul Ricoeur: hermeneutics and Human Sciences: Essays on Language, Action and Interpretation (London-New York: Cambridge University in New York, 1982), pp.. 145.
[45]) Sumaryono, Hermeneutics., Pp.. 30-31.
[46]) Jan Hendrik Rapar,-Introduction to Philosophy (New York: Canisius, 1996), p.. 119.
[47]) Hidayat, Understanding the Language of Religion., P. 215.
[48]) Rahman, Islam., Pp.. 9-13.
[49]) Ibid., Pp.. 119-120.
[50]) Prasetyahadi, "Some Thoughts Early in Hermeneutics" Driyarkara, No.. 2 (XIV), p.. 11.
[51]) In this case the concept of motion Fazlur Rahman with double (double movement) has opened a serious study of the Koran, that for Rahman, al-Quran is only one-tenth are visible to the surface while the rest are still submerged in the surface history . See Fazlur Rahman, Islam Neomodernisme and Alternative Methods (New York: Mizan, 1990), pp.. 56-57.
[52]) Hidayat, Understanding the Language of Religion., Pp.. 726.
[53]) George Ritzer, Sociology of Science paradigmatic Ganda, Alimandan interpreter, cet. to-2 (New York: RajaGrafindo Persada, 1992), pp.. 44.
[54]) Turner, Sociology of Islam., Pp.. 208.
[55]) Anton Bakker, Method of Philosophy (New York: Ghalia Indonesia, 1986), pp.. 10.
[56]) Operational methods can be read in the HA Mukti Ali, Methods of Islamic Understanding (New York: Crescent Star, 1991), pp.. 34; Nana Sujana, Research and Assessment of Education (New York: New Light, 1989), p.. 65; Anton Bakker and Charis Zubair Ahmad, peneiitian Methodology Philosophy (New York: Canisius, 1990), pp.. 65.
[57]) Bakker and Zubair, Methodology., Pp.. 41; Sudarto, Methodology Research Philosophy (New York: RajaGrafindo Persada, 1996), p.. 42-48.
[58]) Bakker and Zubair, Methodology., Pp.. 7-46.
[59]) Ibid., Pp.. 8-47.
[60]) Ibid., Pp.. 50; See also M. Atho Mudzhar, Islamic Studies Approach: In Theory and Practice, cet. to-2 (New York: Student Press, 1998), pp. 51-52.
[61]) approach to history (social history) attempts to explain that any legal product can not be separated from socio-cultural influences surrounding the legal product itself. This approach is done because a lot of religious studies in particular fields of Islamic law can be understood in a proportionate and appropriate to use the services of assistance and social science. Without the social science of the past events are difficult to understand than to compare even be applied in a modern context. View Akh. Minhaji, "Approach to History in the Study of Islamic Law", Mukaddimah, No.. 8, Th. V (1999), pp.. 78; Abuddin Nata, Methodology of Islamic Studies, cet. to-3 (New York: RajaGrafindo Persada, 1999), pp.. 39.
[62]) considers modern research studies on five kinds of historical research, survey, experimental, grounded research and action research. Read Mohammad Nazir, Research Methods (London: Ghalia Indonesia, 1988), pp.. 7-56.
[63]) To better understand this approach in depth, look at some of the writings of M. Atho Mudzhar, for example: Reading Wave Ijtihad: Between Tradition and Liberation (London: Titian Divine Press, 1998), pp.. 105; idem, "Social History Approach to Islamic Law", AI-Jami'ah, No. 61, (1998), pp. 78-88; Compare with Noeng Muhadjir, Qualitative Research Methodology (London: Rake Sarasin, 1998), pp.. 178-183; Khoiruddin Nasution, Introduction to the Study of Islam (London: Academia and Tazzafa, 2004), pp.. 145-150; Mu'allim and Yusdani, Configuration Thought., Pp.. 100-133.

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