Sabtu, 25 Februari 2012

Semantic and Hermeneutical Approach


THE SIGNIFICANCE OF SEMANTIC AND HERMENEUTICAL APPROACHES IN UNDERSTANDING ISLAMIC LAW

Rusli*

Abstrak
Kajian hukum Islam mengalami perkembangan yang signifikan dalam kaitan dengan pendekatan dan metodologi. Di antara metode yang digunakan, yang masuk dalam kelompok ilmu-ilmu sosial, adalah pendekatan semantik dan hermeneutik dalam memahami hukum Islam. Pendekatan semantik menekankan pada analisis terhadap makna-makna kata yang mempunyai relasi yang sangat erat dengan persoalan-persoalan budaya, sedangkan pendekatan hermeneutik mengedepankan faktor-faktor eksternal di luar teks, seperti sosial, budaya, politik, ideologi yang berada   pada diri penafsir dalam pembentukan teks. Dalam pendekatan ini, yang ditekankan adalah teks, konteks, dan penafsir.

Kata kunci: hukum Islam, hermeneutik, semantik 

I. Introduction
Islamic laws which have been implemented so far in Muslim societies is a bulk of interpretation of the Islamic jurists (fuqahâ’) to the primary sacred sources, the Quran and the Tradition of the Prophet (Sunnah). The Quran is believed as being the first place since it is a God’s speech which is eternal and universal in nature, and cannot change according to any changes and modifications within society. Therefore, a series of words and phrases in the Quran are also absolute. Amongst Muslims, some critique to the existence of the Quran is supposed to seriously give negative impacts on someone’s faith. What is not absolute and open to critique is the understanding or rather interpretation of the Quran itself.
Meanwhile, the place of ḥadîth in the discourse of Islamic law is assumed only as an explanation to the Quran. As a silent text, the Quran undoubtedly requires an interpreter or someone who explains or elaborates some ambiguos meanings of its verses. The first interpreter, of course, was the Prophet himself who received such divine revelations. The interpretations, be they his speeches or actions, of the Prophet are known as ḥadîth. Considering its significant part in establishing Islamic laws, ḥadîth is assumed as the second source after the Quran. In essence, the pronouncements of the Prophet are a continuation of Gods speech. This means that the obedience to the ḥadîth resembles to that of the Quran. Therefore, the denial of the existence of the ḥadîth can have very serious theological and social impacts. Nevertheless, in undertanding the categorizations of ḥadîth, difference of opinions  open widely. This difference cannot be a serious challenge to Muslimss faith.
Since the Quran is only a text which comprises a bulk of words, then, understanding the meaning of words and their complex change is also necessary. The question on how words are constructed, in what context, why, and to whom the text is addressed, becomes necessary as well. It is these questions that enter into the discussion of semantical and hermeneuticak analysis of the text. This paper deals with the vital role of semantical and hermeneutical approaches in the formation of Islamic law.
II. Semantic Approach
In linguistic analysis, the term “semantic” is derived from the Greek, semainen, which means “to signify (be a sign or to show). The root of the word is sema,which means sign”. Based on this, semantic may refer to an analysis of the meaning of the word. As it is already known, the meaning of the word or language cannot be separated from cultural influences. In fact, the emergence of language is in part brought about by the dialectic of history and culture. Therefore, the relation between words and culture is highly close. In semantic analysis, an analysis of the meanings of the word will be put in a central position.
In Islamic sciences, this science is incorporated into the study of ‘Ilm Mufradât al-Qur’ân (a science which deals with words or technical terms in the Quran). As it is already known,  the Quran contains a myriad of words that have their own meanings. It is frequently found in the Quran that one word has more than two meanings. Likewise, two words, which have the same meanings, have different connotations. An interpreter (mufassir) or those who want to understand the meaning of the Quran should, first of all, employ linguistic analysis to understand the primary Islamic sources, which include the Quran and the Prophetic ḥadîths. Differences in both words and meanings of word will have different legal consequences. There are examples which support the assumption that differences in legal opinions or schools of Islamic legal thought are in part due to diversity in understanding the sense of the word.
For example, difference of opinions between the Ḥanafite and Shâfi’ite schools of Islamic law on legally prescribed period of waiting for a woman after being divorced by her husband, departs from the difference in understanding the word qurû’, which is a plural form of qar’, in the Quran (Al-Baqarah [2]: 228):
Divorced women should wait concerning themselves for three monthly periods (qurû’) ...

 The word  قروء  in this verse can refer to either “cleanness” or menstruation.” So, the meaning is that the women who are divorced by their husbands must wait for waiting period of either “menstruation” or “cleanness” for three times. Abû Ḥanîfah argues that the word qurû’ in this verse refers to “menstruation.” He cited the opinion of the Prophet’s companions such as Mujâhid, Rabî’ dan Ibn Abbâs. So, a prescribed period of waiting for divorced woman, according to Abû Ḥanîfah, is three period of “menstruation.Otherwise, Muḥammad ibn Idrîs al-Sfi’î argues that the word qurû’ in this verse refers more appropriately to the meaning “cleanness”. This argument is based on such Prophet’s companions’ views as ‘Â’ishah and Ibn ‘Umar. So, according to al-Sfi’î, the waiting period for a divorced woman is three periods of “cleanness”. If the meaning “cleanness” is held, the waiting period for a divorced woman is shorter than the waiting period which is based on the view referring to “menstruation”.
Another example is the word لامس in the Quran (al-Mâ’idah [5]: 6).

O ye who believe when ye prepare for prayer, wash your faces, and your hands (and arms) to the elbows; rub your heads (with water); and wash your your feet to the ankles. If ye are in a state of ceremonial impurity, bath your whole body. But if ye are ill, or on a journey, or one of you cometh from offices of nature, or “ye have been in contact with women” (lâmastum al-nisâ’) ....”

In Arabic, لامستم النساء may refer to the meaning either “to touch a woman” or “to have sexual intercourse with a woman”. From al-Shâfi’î’s perspective, this word refers more appropriately to the meaning “to touch” a woman than “to have sexual intercourse” with her. Therefore, as a legal consequence, ritual ablution (wuḍû) of a Muslim will be invalid if he touches a woman who is not unmariageable (maḥram). Otherwise, according to Abû Ḥanîfah, the word لامستم النساء in this verse has the meaning “having sexual intercourse with a woman.” Therefore, in Abû Ḥanîfah’s view, what makes ritual ablution of a Muslim is “having sexual intercourse with a woman,” not “touching” her. It seems that the legal opinion, which al-Shâfi’î came up with, shows more his precaution (iḥṭiyâṭ) than Abû Ḥanîfah’s point of view. Otherwise, the legal opinion of Abû Ḥanîfah on this issue tends to be more moderate on the reason that someone’s ritual ablution cannot be invalid by mere touching a woman.
Furthermore, the verse, which is frequently quoted in justifying the legality of  “beating” a wife if she do some nushûz (disobedience), is the Quran (al-Nisâ’ [4]: 34). Nearly Islamic legal experts come to an agreement that this legal punishment is definite or final. The disagreement is only on the limit of the way or mechanism to beat. This departs from the Quranic statement  واضربوهن (“and beat them”). This verse reads:

As to those women on whose part ye fear disloyalty and ill conduct (nushûz), admonish them (first), (next), refuse to share their beds, (and last) beat them” (lightly); but if they return to obedience, seek not against them means (of annoyance) ...” (QS. al-Nisâ’ [4]: 34).

According to Ahmed Ali,[1] the word  واضربوهن  in this verse  refers more appropriately to “have sexual intercourse with them”. Therefore, if this word is given the meaning “to beat,” it contradicts with the basic Islamic teaching which urges Muslims to be nice women, including in the case of having sexual intercourse. This is also contradictory with the Prophet’s practice which never hurt his wives’ feelings or beat them, as the Prophet said, “Do not beat your wives like slaves!” Moreover, in linguistic perspective, according to Ali, the verb اضرب may contain a lot of meanings, which often contradict to each other, such as “to pulsate,” “to mix,” “to have sexual intercourse,” “to  separate,” “to turn away,” “to make music,” “to fly,” “to incline,” “to multiply,” “to cite a wise statement,” “to migrate,” “to travel on foot,” and “to stay.” Since the context of the surah al-Nisâ’ [4]: 34 speaks about the process to solve the marriage problem in the very good manner, which includes full of love and kindness, it appears thatbeating wives does not have place in this context. According to Ahmed Ali, the proper translation reads as follows:
“As for women you feel are averse, talk to them suasively; then leave them alone in bed (without molesting them); and go to bed with them (when they are willing).”
From all above examples, it can be concluded that the difference in understanding the meaning of the word leads to the difference in deriving Islamic laws (istinbât̩ al-aḥkâm). Therefore, both historical and sociological analysis play a vital role in giving intended meaning of the words and terms. It is based on the fact that the constructed words cannnot be separated from historical and cultural dialectics. Differing cultural and geographical conditions bring to light different words. In the Quran, for instance, a myriad of words may have multi-interpretive meanings, such as qawwâm in the sura al-Nisâ’ [4]: 34, which could mean “leader, manager, guardian, caretaker, or custodian.” Likewise, there are a lot of words have the same meaning, with different connotation, like the words al-rijâl and al-dhakar, which in Indonesian means “man or male”.
Nasaruddin Umar carried out an interesting linguistic analysis to this issue and concluded that the word kata al-rijâl refers to a gender term, while ­al-dhakar refers to a biological term (sex). This means that to be al-rijâl needs historical, social and cultural process. Also, not all men could be said as al-rijâl. As a matter of fact, couragous women who have excellent capabilities and skills can be said as rajlah. In the meantime, the word al-dhakar means biological sex (male), which is directly given by God and has a natural character.[2]

III. Hermeneutical Approach
According to Gadamer, hermeneutics is not a methodology, but a question of the nature of the existence. Anyone cannot avoid from the interference in interpreting his or her existence according to its historical situation; that is, the fact of one’s existence or being in this world.[3] What Gadamer has said refers to the fact that in understanding a text, anyone must take account of historical situation, which play undoubtedly a significant role in the process of interpretation.
From the linguistic perspective, the word hermeneutics comes from Greek, “hermeneutikos”, which has a relation to “an effort to explain and trace the messages and essential meanings of the speech or writing, which are so unclear, ambigous, obscure, as well as contradictory that it creates doubt and confusion to either listener or reader.”[4]
A hermeneutical analysis to the text departs from the prejudice that the constructed text has been influenced by particular interests. This attitude (prejudice) is highly needed in order that a reader is not so manipulated by a system of signs or grammar which are on the surface, that it obscures the objective meanings. According to Freud, as cited in Hidayat,[5] “the subconsciousness of an author and also a reader must have played a role in apprehending and interpreting a reality. Innermost subconsciousness which plyas a dominant tole is impulse and libido.” In this case, it can be argued that masculine potential of the reader or interpreter has greatly influenced him in understanding and interpreting a text.”
In addition, according to Karl Marx, “the consciousness of both author and reader have been very much influenced by economic and political status of a person.”[6] Any text cannot be separated from either political influences or economic status of a person, or perhaps both of them. The books of Islamic jurisprudence may have been in part affected by political situation around the authors. For instance, the legal opinions—either fiqh or fatwâ—which were constructed within the circle of royal court or by the scholars close to the Sult̩ân, tend to differ in the great deal from those far from the Sult̩ân. It is estimated that fiqh, constructed from the royal court, tend to legally support or justify  to the Sult̩ân’s policies, while those outside this court will be more neutral.
Furthermore, Nietzsche argued that everyone has a basic instinct to control others (the will to power).[7] Therefore, every reader should be careful with every text since it contains particular interests. For that reason, hermeneutics warns us to be suspicios and careful with the text since subjective factors contribute to the construction of the text.
An understanding, in hermeneutical analysis, is conditioned by the past (tradition) and the present agendas (prejudice). Our particular situation makes problematic the idea of an objective and value-free interpretation. Therefore, according to Dilthey, as cited by Umar,[8] in understanding the text, a reader is like a person who enters into the past, and draws the conclusion. The past should be seen as the text, and is an integrated part of the text itself. According to Umar,[9] this kind of analysis is not new in our Islamic tradition, since it is related to Islamic science of asbâb al-nuzûl which is in the field of the sciences of the Quran (ulûm al-Qur’ân).
Therefore, in hermeneutical analysis, the questions such as when, in what context, to whom, why, is the text revealed, is very important. In the context of the Quran, when is the verse revealed, why, as well as to whom this verse is addressed, is a focus of analysis.   In the Islamic sciences, this issue is related to the science of  asbâb al-nuzûl. In relation to ḥadîth, for instance, when is the ḥadîth revealed, why, as well as to whom this ḥadîth is addressed, is taken into account. This is associated with the science of asbâb al-wurûd. In the context of Islamic law, the question about when and in what context Islamic legal opinions or fiqh are constructed, become a primary focus of analysis to understand and reveal the extent to which social and political conditions contribute to colouring the fiqh. Likewise, one’s social background and economic status—be they authors or interpreters—is an important issue that must been known and analysed. Thereby, the reader of the text understands what the author actually wants.
An example of this is a ḥadîth concerning “the prohibition” of woman to be a political leader. It is stated in the ḥadîth that  “There is no prosper for the nation that entrust their affairs to a woman.” Based on this ḥadîth, all Muslim jurists come to agreement that a woman is not allower to a leader, including president. This ḥadîth occurs in Saḥîḥ al-Bukhârî, and narrated by Abû Bakrah. A hermeneutical analysis tries to trace when this ḥadîth is revealed, in what context, and to whom this is addresser, and who narrate and transmit it.
Based on social and historical analysis, Fatima Mernissi, for instance, after carrying out a deep study of Abû Bakrah, who narrated and transmitted the ḥadîth, concludes that this narrator is not acceptable. The reason is that Abû Bakrah has accused of a Prophet’s companion commiting adultery,  but he could not bring four eyewitnesses to prove such an action. In the Quran, this kind of person, in addition to be punished 80 lashes, his testimony cannot be acceptable for life. If his testimony cannot be acceptable forever, then, the same also happens to his narration and transmission of ḥadîth. In the language of ḥadîth, Abû Bakrah is not trustworthy (thiqa) and reliable.
From this social-historical analysis, it can be argued that the reliability of a narrator can be questioned. The status of the ḥadîth can be determined based on social and historical analysis.
IV. Conclusion 
In conclusion, there is no doubt that semantic and hermeneutical analyses play a vital role in understanding Islamic laws. In Islamic studies, these approaches has been already adopted, but in different names. For instance, semantic analysis relates to dilâlah al-Qur’ân, such as ‘âmm (general), khâss (particular), mufassar (elucidated), khafiyy (concealed), mubham (ambigous), mujmal (general), et cetera, while hermeneutical approach to the Quranic and ḥadîth texts tries to analyse how texts are constructed, what conditions contribute to affecting this process of construction. Both approaches are absolutely significant in understanding the characteristics of the formulation of Islamic law.
IV. Bibliography
Ali, Ahmed, The Qur’an: A New Translation, Princeton University Press, 1993.
Hidayat, Komaruddin, Memahami Bahasa Agama: Sebuah Kajian Hermeneutik, Jakarta: Paramadina, 1996.
Khin, Sa’îd Mustafa, Âthâr al-Ikhtilâf fî al-Qawâ’id al-Us̩ûliyyah fî Ikhtilâf al-Fuqahâ’, Beirut: Mu’assasah al-Risâlah, 1998.
King, Richard, Orientalism and Religion: Postcolonial Theory, India and ‘The Mystic East’, London: Routledge, 1999.
Sunardi, ST, Nietzsche, Cet. ke-3, Yogyakarta: LKiS, 2001.
Umar, Nasaruddin, Argumen Kesetaraan Jender Perspektif Al-Quran, Jakarta: Paramadina, 1997.
Umar, Nasaruddin,  Qur’an untuk Perempuan, Jakarta: Jaringan Islam Liberal (JIL), 2002.

*Rusli, S.Ag., M.Soc.Sc is a lecturer of Târîkh al-Tashrî’ (Social History of Islamic Law), Shariah Faculty, STAIN Datokarama Palu.


[1] Ahmed Ali, The Qur’an: A New Translation (Princeton University Press, 1993).
[2] See his explantion in Nasaruddin Umar, Argumen Kesetaraan Jender Perspektif Al-Quran (Jakarta: Paramadina, 1997),
[3] Richard King, Orientalism and Religion: Postcolonial Theory, India and ‘The Mystic East’ (London: Routledge, 1999), 73.
[4] Komaruddin Hidayat, Memahami Bahasa Agama: Sebuah Kajian Hermeneutik (Jakarta: Paramadina, 1996), 126.
[5] Ibid., 18.
[6] Cited in Ibid., 19.
[7] Cited in Ibid, 20;  Sunardi, ST, Nietzsche, 3th Edition (Yogyakarta: LKiS, 2001), 50.
[8] Nasaruddin Umar, Qur’an untuk Perempuan (Jakarta: Jaringan Islam Liberal (JIL), 2002), 27.
[9] Ibid.

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