PENDEKATAN ANTROPOLOGIS DALAM PARADIGMA USUL FIKIH

Abstract

Anthtropological Approach in the Paradigm of Islamic Legal Jurisprudence. Certain problems mainly
occuring in almost Muslim societies appears to be so complex as it requires an alternative approach in ushul
fiqh as a basis for developing a fiqh that is needed. Such alternative approach is adopted with paradigm of
anthropological ushul fiqh that offers an alternative anthropological studies to find out a solution and over come
the complicated paradigm of ushul fiqh in order to be contextual meaning. The Scientific theoretical framework
used here is the paradigm of Karl Mannheim who divided the category paradigm of science into an ideology
and utopia and scientific paradigms of Muhammad Arkoun who classified Islamic scientific reasoning becomes
logical “Tradition with a big T” (at-Turâst bi harfin kabîr) and as a logical “tradition with small t” (at-turâs bi
harfin shagîr). Based on the result, the anthropological studies on the paradigm of ushul fiqh or fiqh will be able
to support the level of interconnection and dynamics among various schools of law. The aspect of general and
particular pattern will be dynamic and dialectic so that the development of legal jurisprudence may function well
in accordance with the public interests as well as the nation’s benefit