Penolakan Fazlur Rahman terhadap hadis teknis pada hukum keperdataan

Abstract

Muhammad SAW is a prophet that will be followed by his members. Therefore all what He said and did
and His attitudes become a sunnah. However, after the prophet passed away, His hadith had developed
because they were a verbal statement of the prophet’s sunnah done by the continuing generations. Until
today, there have been some hadith that have different pronunciation and interpretation. Such hadith
might be influenced by real condition of the environment. This discussion was directed towards Fazlul
Rahman’s perception on technical hadith in the civil law. Fazlul Rahman had a notion that technical
hadith was a hadith sourced from Muhammad SAW prophet, however, it was massively made by His
friends, either tabi’in or itba’ tabi’n. The method used in this review was historical approach method
and interpretative approaches that was generally used by historical tek-tek researcher, as prophet’s hadith.
Or this research used term approach of asbab al-nuzul that was frequently done by salaf clergies. The
significance of this research was aimed to know Fazlul Rahman’s conception on technical hadith on civil
law, and to find out his refusal reasons towars them. The research found the result that technical hadith
on civil law was hadith produced from creative and dynamic interpretation method toward prophet’s
sunnah done by the continuing generation. Therefore, Fazlul Rahman refused the technical hadith
because they were unhistorical and biographical hadith, and also, they were assumed as unscientific
hadith. Furthermore, most of technical hadith contained of different opinion among clergies, so that it
showed the weakness of historical base. So, theoretically, technical hadith could be accepted by us as
discourse of knowledge, but practically it often raised law controversy in the society.