MUHAMMAD SA’ID AL-‘ASHMAWI (Mencabar Pemikirannya tentang Penerapan Syarî’ah di Mesir)

• Main Author: Moh. Hefni
• Format: Article
• Language: Arabic
• Published: State College of Islamic Studies Pamekasan (STAIN Pamekasan) 2013-09-01
• Series: Al Ihkam: Jurnal Hukum & Pranata Sosial
• Online Access: http://ejournal.stainpamekasan.ac.id/index.php/alihkam/article/view/259

The rise of a vigorous and sometimes violent Islamist<br />movement in Egypt has attracted considerable attention<br />from scholars. Less attention has been given to those who<br />have responded to this challenge at the level of ideological<br />debate. One of these is a prominent judge, Muhammad Sa’id<br />al-‘Ashmawi. He argues that the call for the "application of<br />the syarî’ah" (tathbîq al-sharî’ah), watchwords of the Islamist<br />movement, are in reality little more than empty slogans,<br />designed to get popular support for a political venture but<br />extremely vague and probably insignificant in substance. In<br />time, however, its meaning expanded, first to include all of<br />the rules for worship and society found in the Qur’ân, then<br />those in the sunna of the Prophet, and finally all the opinions<br />and judgments of the scholars (ijtihâd). But these opinions<br />and judgments are properly called fiqh, and the final result of<br />the development is that in common usage the term syarî’ah<br />has come to mean fiqh.Those who use the slogan, however,<br />are in fact calling for the application oí fiqh, that is, a set of<br />rules and laws devised by humans, not God, to meet<br />historical conditions of the past which no longer obtain. In<br />discussing ribä, al-cAshmawi holds that current Egyptian<br />law essentially conforms to the syarî’ah. The same is true of<br />the rest of Egyptian law.