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Contemporar Contemporary Islamic Legal Discourse A CORE CONTEMPORARY ISLAMIC LEGAL DISCOURSE brought to you by Repository UIN Sumatera Utara provided by CONTEMPORARY ISLAMIC LEGAL DISCOURSE A Study of Sayyid Qut{b’s Fi> Z{ila>l al-Qur’a>n A Study of Sayyid Qut{b’s View metadata, citation and similar papers at core.ac.uk CONTEMPORARY ISLAMIC LEGAL DISCOURSE CONTEMPORARY ISLAMIC LEGAL DISCOURSE CONTEMPORARY ISLAMIC LEGAL DISCOURSE A Study of Sayyid Qut{b’s Fi> Z{ila>l al-Qur’a>n Oleh: Dr. Mhd. Syahnan, MA. CONTEMPORARY ISLAMIC LEGAL DISCOURSE CONTEMPORARY ISLAMIC LEGAL DISCOURSE PREFACE CONTEMPORARY ISLAMIC LEGAL DISCOURSE A Study of Sayyid Qut{b’s Bismilla>hirrah}ma>nirrah}i>m Fi> Z{ila>l al-Qur’a>n My interest to study revivalist view on Islamic juris- Penulis: Dr. Mhd. Syahnan, MA. prudence went back to the time when I was undertaking Copyright © 2010, Pada Penulis graduate program at the Islamic Sudies, McGill University. Hak cipta dilindungi undang-undang This study is a continuation of my previous research on All rights reserved Sayyid Qut}b’s Fi> Z{ila>l al-Qur’a>n with different approach Penata letak: Muhammad Ali Said Nasution and perspective by making significant changes and improve- Perancang sampul: Aulia Grafika ment to the earlier version. The revision constitutes not only PENERBIT IAIN PRESS modifying the scope to fit in with the context of study but Jalan Willem Iskandar, Pasar V Medan Estate - Medan, 20371 also supplying it with more up-to-date secondary sources. Telp. (061)6622925 Fax. (061)6615683 My curiosity in studying Sayyid Qut}b’s Fi> Z{ila>l al-Qur’a>n E-mail: [email protected] Islamist discourse grew in importance with the popularity Cetakan pertama: Juli 2010 of Sayyid Qut}b within the revivalist circles especially what is the so called “the Salafi> “ around the world. What’s more, ISBN 978-979-3020-08-2 whether a creation or an accident, Qut}b’s thought has been alleged to have influenced the terrorist movement which became the target of criticism of both the Eastern and Western Dicetak oleh: scholars alike. Perdana Mulya Sarana Jl. Sosro No. 16A Medan 20224 While analyzing Sayyid Qut}b’s approach to Quranic Telp. 061-7347756, 77151020 Faks. 061-7347756 exegesis in his Fi> Z{ila>l al-Qura>n, this work attempts to com- Email: [email protected] Contact person: 08126516306 pare the earlier with the later revised editions of the exege- v vi CONTEMPORARY ISLAMIC LEGAL DISCOURSE CONTEMPORARY ISLAMIC LEGAL DISCOURSE vii sis as it studies changes in his thought and Weltanschauung. Alrasyidin, M.A., Dr. M. Iqbal, M.A., Drs. Asrul, MA., Dr. Qut}b believed that the sacred text was a book of guidance Harun al-Rasyid, MA and other colleagues at Graduate Pro- and inspiration with immediate relevance to contemporary gram State Institute for Islamic Studies, and the rejuvenated issues and challenges, giving direction to practical affairs as Miqot editorial board whose invaluable help in one way or though it had been revealed specifically for today’s prob- another contributed to the completion of writing this book. lems. It is suggested that social, political, economic, legal Heartfelt thank goes to my parents the late Syaikh and psychological factors contributed to his interpretation Abdollah Nasution (Tuan Kayulaut) and Salamah Lubis and revision. It is for this reason that, in the realm of law whose exemplars as parents and as Tuan Guru has become a many have identified Sayyid Qut}b’s concept of Islamic law source of inspiration for me in life. My sincere thank goes (Shari‘ah) with various labels such as dynamic jurisprudence, to all my brothers sisters and Siantar group for a very caring fiqh movement (fiqh al-h}arakah ) and fiqh al-wa>qi‘i> or new and affectionate relationship being in an extended family. realist science. My hearty thanks go to my beloved children: Fika, Luthfi, In writing this book I am indebted to many individuals Faiz and to my beloved wife Nurul Fithri Lubis, SE. Ak. for especially Prof. I.J. Boullata of the Institute of Islamic Studies their patience and understanding throughout the process of McGill University who did not only bring my attention closer conducting this research. to the oeuvre of Sayyid Qut}b but also introduced me to the Although I have received assistance from various indi- modern approach to Qur’anic Exegesis; Prof. Chibli Mallat viduals during the preparation of this work, nonetheless any and Prof William R. Darrow, a senior Fulbright visiting Pro- error and weakness of analysis and presentation appear there fessor at IAIN of North Sumatera Medan, for invaluable in are mine alone. comment and criticism. I would like to thank the Rector of the State Institute for Islamic Studies of North Sumatra Medan for nominating Medan, June 2010 this work in its book writing program, as well as for provid- ing funding for publication which is extremely inspiring and Mhd. Syahnan that will hopefully revive the academic life and will encour- age potential writers to produce more high quality work, and thus the program deserved high appreciation. I would like to thank Prof. Hasan Asari, M.A., Dr. viii CONTEMPORARY ISLAMIC LEGAL DISCOURSE CONTEMPORARY ISLAMIC LEGAL DISCOURSE ix TRANSLITERATION viii x CONTEMPORARY ISLAMIC LEGAL DISCOURSE CONTEMPORARY ISLAMIC LEGAL DISCOURSE xi 3. H{a>kimiyya ............................................. 39 4. Qut}b’s Attitude Towards Philosophy .... 41 5. Qut}b’s View on Nationalism ................. 45 TABLE OF CONTENTS III : THE TAFSIR FI< Z{ILA<>L AL-QUR’A>N .... 48 A. Background to the Writing of Fi> Z{ila>l al-Qur’a>n ..................................................... 48 page B. Qut}b’s Method of Qur’anic Interpretation .. 58 Preface ....................................................................... v C. Examination of Revisions of Fi> Z{ila>l List of Transliteration ................................................ viii al-Qur’a>n ..................................................... 70 Table of Contents....................................................... x D. Significance of Qut}b’s Qur’anic Interpretation ............................................... 77 I : SHARI@‘AH AND THE MODERN QUR’ANIC EXEGESIS .............................. 1 IV: SAYYID QUT{B’S ISLAMIC LEGAL A. Convergence of Shari>‘ah and Qur’anic THOUGHT..................................................... 80 Exegesis ....................................................... 1 A. Legislation and Shari‘ah ............................. 81 B. Literature Review of Sayyid Qut}b’s B. Legal Theory ............................................... 90 Thought ....................................................... 7 C. Fiqh H{araki and Waqi‘i> ............................... 99 C. Statement of the Issue and Objectives of Study ........................................................... 15 V : THE DYNAMICS OF SAYYID QUT{B’S ISLAMIC LEGAL DISCOURSE .............. 109 II : SAYYID QUT{B: HIS LIFE AND A. Alms-Tax and the (Zaka>t)-Related Verses ... 110 THOUGHT..................................................... 19 B. Usury and the (Riba> )-Related Verses ......... 114 A. Qut}b’s Background ...................................... 20 C. Criticism of Qut}b’s of Islamic Legal B. The Principles of Qut}b’s Thought ............... 30 Thought ....................................................... 123 1. Qut}b’s Conception of Religion/ Islam ... 30 2. Islam vs. Ja>hiliyya .................................. 36 VI: EPILOGUE..................................................... 140 x xii CONTEMPORARY ISLAMIC LEGAL DISCOURSE CONTEMPORARY ISLAMIC LEGAL DISCOURSE xiii BIBLIOGRAPHY..................................................... 145 VITAE ....................................................................... 159 CONTEMPORARY ISLAMIC LEGAL DISCOURSE 1 ~ I ~ SHARI<‘AH AND MODERN QUR’ANIC EXEGESIS A. THE CONVERGENCE OF SHARI>‘AH AND QUR’ANIC EXEGESIS Based on its very basic tenets, Islam, probably more than any other religion, has the character of a legal system, which regulates the life, and thoughts of the believer in line with an ideal set of rules regarded as the only correct and valid one. This system, unlike positive law, proceeded from a high divine source embodying God’s will and justice. As the expression of the will of God, the shari>‘ah is regarded as the most perfect, eternal and just, designed for all time and characterized by universal application to all men.1 1For further discussion on this issue see inter alia, Abdur Rahim, Principles of Muhammadan Jurisprudence (Madras: n.p., 1911), 52-3, 56-8; M. Khadduri, War and Peace in the Law of Islam (Baltimore: n.p., 1955), 22-7; J.N.D. Anderson, “Law as a Social Force in Islamic Culture and History,” Bulletin of the School of Oriental and African Studies 20 (1/3) (1957): 13-40. For a discussion of historical development see B. 1 2 CONTEMPORARY ISLAMIC LEGAL DISCOURSE CONTEMPORARY ISLAMIC LEGAL DISCOURSE 3 The emergence of modern era at the turn of the 19th sitive and may lead to controversy.4 This is because such a century world order, marked the new phase in the develop- phenomenon apparently came to be associated with subju- ment of Islamic law which brought with it changes to re- gation to European powers. Even the conservative circles form the traditional understanding of jurisprudence which consider these as reductions of Islamic tradition. During the was mainly concentrated in the area of personal status (ah}wa>l beginning of the independence era, many of the Muslim al-shakhs}iyyah), and to a lesser extent in Islamic economics majority populated countries such as Egypt made a whole-
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