Dinamika mazhab Shafi’i dengan cara Aceh: Studi tentang praktik mazhab di kalangan tokoh agama

Abstract

This study of the dynamics of shafi’ite school tried to uncover the diversity of the views regarding
certain problems among the scholars of Shafi’ite school and between particular scholar and the imam
Shafi’i himself. This focus deal with the dynamics existed in the Shafi’ite books. It should be done in the
wise manner, for the dynamics it self was triggered by the certain situation and condition, different
contexts, space, time, geography, circumstance and the condition of the nature that give birth to the
different legal regulation. To understand the dynamics that occurred in those Shafi’ite books easily, we
may borrow the rules of Arabic syntax namely ‘ilm nahw, associated with the rule of istitsna’ which
consisted of six letters; illa, ‘adaa, siwa, ghairu, khala and hasya. Those six letters have the same function
that is the exemption, but the usage of each letter in the sentence has different rule in Arabic grammar.
The dynamics rise dualism of Islamic jurisprudence in Aceh, in which the sharia court refer to the
Compilation of Islamic Jurisprudence, while tengku ( local muslim scholars) in Dayah refer to the turas
book of Shafi’ite school. Slowly, the friction started between the legal decision issued by the sharia court
and the fatwas issued by the tengku of Dayah (local Islamic boarding school), for instance, the issue of
talaq, inheritance and other legal issues.