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 God’s
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 Muslims’s
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-Shâfi’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-Shâfi’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 that “beating 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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