SHARIA CONTEXTUALISATION TO ESTABLISH THE INDONESIAN FIQH

Sharia contextualisation to Indonesia is possible. However, to realize it, it must be separated between the understanding of sharia and fiqh and various other Islamic legal thinking products. Sharia is the rules or basic rules established by Allah SWT and given to mankind as a guidance in managing relationships with God, with fellow humans and with the environment. The basic purpose of sharia delivery is for the benefit of mankind. Therefore, often the rules sent by Allah SWT are ijmal whose interpretation can be made by the mujtahid. Whereas, fiqh and others are the results of thinking and formulation of laws by the mujtahid on the propositions of Sharia to produce the laws needed by mankind at a certain time, a certain place and a certain condition, which always develops and changes. In the formulation of practical law (al-ahkam al-'amaliyyah), the mujtahid can use various arguments, methods and available ijtihad procedures, such as qiyas, istihsan, istislah, istishab, urf and others mentioned in the books of fiqh, by considering the pair of fiqh choices, namely between the revelation and reason, unity and diversity, idealism and realism, as well as stability and change.