Pengenalan metodologi filosofis dalam kajian fikih budaya dan sosial

The understanding and establishment of law in Islamic jurisprudence can not be separated from the texts of Islamic source such as the Qur'an and Traditions of the Prophet as well as the context which are the empirical facts in the life of Muslim community. The two aspects become considerational though their position and portions are not necessarily the same. Certainly, as the divine teachings, the text is more advanced than the context, but forgetting the context is not the correct action because basically Islamic law revealed to mankind so that they are happy in this world and hereafter. Texts of Islamic law are limited, while the legal issues in the community are endless and unlimited. Cultural and social life of the community are constantly evolving especially in the era of globalization, demands a particular approach in setting the contemporary Islamic law. This paper attempts to introduce a philosophical methodology in the study of Islamic jurisprudence with regard to cultural and social issues. There are at least three philosophical approach to social and cultural jurisprudence. First, the historical approach, the Islamic law that has been practiced in Muslim history, not merely as a rule of practice. Secondly, considering the principles of Islamic law which are absolute and universial in setting social and cultural fiqh. Third,understanding the balance between textual and contextual approaches.