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THE RED YARN of CONTEMPORARY ISLAMIC LAW REFORM: a Critical Study of Abdullahi Ahmed An- Na'im's Thought

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THE RED YARN of CONTEMPORARY ISLAMIC LAW REFORM: a Critical Study of Abdullahi Ahmed An- Na'im's Thought SYARIAH : Jurnal Hukum dan Pemikiran Volume 21, No.1, June 2021 DOI : 10.18592/sjhp.v1i1.4193 Submit 2020-12-14 | Revisions Required 2020-12-15 | Revisions Required 2021-03-22 | Accept Submission 2021-03-22 THE RED YARN OF CONTEMPORARY ISLAMIC LAW REFORM: A Critical Study of Abdullahi Ahmed An- Na'im's Thought Asman Institut Agama Islam Sultan Muhammad Syafiuddin Sambas Fakultas Syariah Hukum Ekonomi Syariah [email protected] Abstract: This study analyzes the thoughts of Abdullahi Ahmed an-Na'im in Islamic law reform, Abdullahi Ahmed an-Na'im, a Sudanese intellectual figure. The direction of the objective in this study is directed to reveal Naskh's thinking conceptually, as an object of study that is placed as part of the study of Islamic law studies in discussion. This critical study emphasizes that the need for a review of the naskh principle, for an-Na'im, lies in the necessity to treat the Quran texts in a relevant manner in order to realize adequate reform of Islamic law in a modern context. By understanding the naskh verses in the Koran as a form of delaying their implementation to the right time, he uses a logic or paradigm that is reversed from the conventional naskh principles, namely by re-streamlining the principles of Islamic teachings contained in the verses of the Mecca phase, which in conventional naskh theory it is stated by the Madaniyyah verses that came down later. For him, reversing the naskh process was an evolutionary principle of interpretation. The methods used are descriptive, hermeneutic, and phenomenological methods. In practical terms, his naskh thinking which is aimed at revitalizing the interpretation of Islamic teachings in the context of the modern world can be useful for its application for the good and benefit of the ummah in the reform of Islamic law in Islamic legal reform. Keywords: reformation, Islamic law, critical, Abdullahi Ahmed Na'in Abstrak: Kajian ini adalah menganalisis pemikiran Abdullahi Ahmed an- Na'im dalam reformasi hukum Islam, Abdullahi Ahmed an-Na’im salah seorang tokoh intelektual Sudan. Arah tujuan dalam kajian ini diarahkan untuk menguak pemikiran naskh secara konseptual, sebagai objek kajian yang diletakkan sebagai bagian dari kajian studi hukum Islam dalam pembahruan. Studi kritis ini menegaskan bahwa perlunya peninjauan kembali prinsip naskh, bagi an-Na'im, terletak pada keharusan untuk memperlakukan teks-teks al- Quran secara relevan demi mewujudkan pembaruan hukum Islam yang memadai dalam konteks modem. Dengan memahami naskh ayat-ayat dalam al-Quran sebagai suatu bentuk penundaan pelaksanaannya hingga waktu yang 18 | Asman, The Red Yarn of Contemporary Islamic Law…, pp. 17-44 tepat, ia menggunakan logika atau paradigma terbalik dari prinsip naskh konvensional, yaitu dengan mengefektifkan kembali prinsip-prinsip ajaran Islam yang terdapat pada ayat-ayat fase Makkah, yang dalam teori naskh konvensional dinyatakan telah oleh ayat-ayat Madaniyyah yang turun belakangan. Baginya, membalikkan proses naskh merupakan prinsip interpretasi yang evolusioner. Metode yang digunakan metode deskriptif, hermeneutika, dan fenomenologi. Secara praktis, bahwa pemikiran naskhnya yang ditujukan untuk merelevansikan penafsiran ajaran Islam dalam konteks dunia modem, dapat berguna penerapannya bagi kebaikan dan kemaslahatan umat dalam pembaharuan hukum Islam dalam reformasi hukum Islam. Kata kunci: reformasi, hukum Islam, kritis, Abdullahi Ahmed Na'in INTRODUCTION Seen in a very modern with attractive policies according to development today in Islam, there religion and in Islamic law.2 is a principle of adapting to calls In this matter, from modern, that are not absolute problems of freedom of opinion, human rights, cornering both in matters of economic progress and so on, the thought, rules (law), politics, and so most important thing is to discuss on.1 In fact, in the current era of the desire for law enforcement and globalization in the thought of a rational way of thinking reasons handing back to Muslims in to describe the cultural problems of determining policies on legal issues Muslims. Islamic law can be against Muslims, among the understood as the rule of God policies in Islamic law, especially, (Allah SWT) as the creator of life in honesty and trustworthiness. The the world. The rules and very first problem that has always regulations consist of all aspects of been faced by Muslims during the life, whether they relate to one last 2 centuries is to adapt to better another, with the natural adjustments and to change the environment or with God.3 perspective of Muslim thinking 2 Asnawi, Studi Hukum Islam: Dari Tekstuali, Rasionalis sampai Rekonsiliatif (Yogyakarta: Teras, 2012). 106. 1 Harun Nasution, Islam Ditinjau Dari 3 Hug, Kathleen Clack, George, Berbagai Aspeknya (Jakarta: Penerbit HAM Sebuah Pengantar (Jakarta: Pustaka Universitas Indonesia, 2011). 93. Sinar Harapan, 1998). 2. SYARIAH : Jurnal Hukum dan Pemikiran Volume 21, No.1, June 2021 | 19 The development in Islamic law had shaped his education in his has progressed very rapidly and interventions in social matters.5 significantly, for example in human Contributions to Abdullahi rights. Freedom of opinion is Ahmed an-Na'im's Islamic legal something that must be owned by thought cover a very broad range every individual simply because the of circumstances, including individual is a creature created by marriage law, the issue of Islamic Allah. The right as an individual is apostasy in Africa, the constitution, nothing more than an obligation, is straf (criminal) law, law between general, fair and can be nations, human rights to the state transferred.4 of secularism. Of these many There are many figures who ideologies, the issue of human support human rights, for example rights and the state of secularism Aung San Suu Kyi, Mahatma which is the most prominent has Ghandi, Martin Tuther King Jr., received many votes from other Nelson Mandela, as an international scientists. Then human rights in the humanitarian activist who is an attention of Abdullahi Ahmed an- Islamic thinker, Abdullahi Ahmed Na'im can be attached to very An-Na'im. His thinking in Islamic concerning matters such as slavery, legal reform is a social reality in gender, and various freedoms.6 In society. this study, the work of Abdullahi In contrast to secular groups, Ahmed An-Na'im is used with the Abdullahi Ahmed An-Na'im title Deconstruction of Sharia, insisted on defending Islamic Islam and the Secular State and regulations on the proposed legal other supporting works in this reforms. Abdullahi Ahmed An- paper. Na'im's ideas above were of course not born out of nothing. Abdullahi Ahmed an Na'im is a successor of 5 Abdullahi Ahmed An Na’im, Sharia contemporary scholars who were Deconstruction. Terjemahan Ahmad Suaedy, educated as Islamic activists who Amirudin ar-Rany, (Yogyakarta: LKiS, 2016). 10. 6 Tholkhatul Khair, Ideologi dan Utopia Pemberlakuan Hukum Islam Studi Pemikiran Abdullahi Ahmed an-Na`im Pendekatan 4 Ibid. 100. Sosiologi Pengetahuan. 127. 20 | Asman, The Red Yarn of Contemporary Islamic Law…, pp. 17-44 METHOD philosophy, which teaches the The method used in analyzing importance of seeing the visible the critical study of Abdullahi symptoms of an entity to interpret Ahmed An-Na'im's thoughts in a realm of thought that is modern Islamic legal reform is as mushrooming in that entity.9 follows: And the approach I use is: Descriptive method Sociological Approach Descriptive means a description This sociological approach of what it is that shows a examines the phenomenon of character's area of an incident. It religion, namely in terms of could also be from a character who studying human behavior in concerns his thoughts.7 religious life.10 Hermeneutic Methods Historical Approach Etymologically,the word That is, history has the meaning hermeneutics originates from the of the story of a construction Greek word hermeneuin which which is also called the groups of means interpreting. Richad E. all past stories.11 According to the Palmer defines hermeneutics as the historical discussion, group it as process of forming something or follows:12 an uncertain situation into 1. Discussion on Regions understanding.8 2. Discussion of the Age Phenomenology Method 3. Thematic discussion The phenomenological method With the methods and is useful for looking for ideological approaches above, the author links with pre-existing social explains the thoughts of Abdullahi conditions and until the ideology emerges. The method of phenomenology is a method based 9 Alex Subur, Filsafat Komunikasi “Tradisi dan Metodologi” (Jakarta: PT Remaja on the essence of phenomological RosdaKarya, 2016). 5-6. 10 Ibid. 87. 11 Jamali Sahrodi, Metodologi Studi 7 Khoiriyah, Memahami Metodologi Studi Islam (Menelusuri jejak Hoistoris Kajian Islam Islam: Suatukonsep tentang selukbeluk ala Sarjana Orientalis) (Bandung: Pustaka Pemahaman Ajaran Islam, studi Islam dan isu- Setia, 2007). 106. isu Kontemporer dalam studiIslam (Yogyakarta: 12 Supiana, Metodologi Studi Islam Teras, 2013). 101. (Jakarta: Dirjen Pendidikan Islam Depag 8 Ibid. 103. RI, 2009). 74. SYARIAH : Jurnal Hukum dan Pemikiran Volume 21, No.1, June 2021 | 21 Ahmed An-Na'im in the movement of groups that adhered reformation of modern Islamic law. to the concept of Islamic teachings from the Arabs in connection with RESULTS AND the name of the State of Sudan and DISCUSSION officials in the military who were 1. Biography of Abdullahi consistent with the principles of Ahmed An-Na'im secularism of the Sudanese people. Abdullahi Ahmed An-Na'im was This makes it difficult for born in Sudan on 9 September independent Sudan to stabilize the 1946. Family members Abdullahi political regime. This is a problem Ahmed An-Na'im belong to the of conflict between Arab Muslims middle family members in terms of and non-Muslims in the south. socio-differentiated population About forty percent of Sudanese (stratification). Seen in the family are Arab residents, however, the really has a very good vision of Nilotic and Nilo-Cushitic residents, education.
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