NAZHARIYAT
AL-HUDUD OF MUHAMMAD SYAHRUR
(Biography, Theory of Limit/ nazhariyat al-hudud theory and jilbab)
Mafruhatun Nadifah (16110053) and Nur
Ainiyah (16110138)
Student of Islamic Religious Education
(I Class)
Maulana Malik Ibrahim Islamic State
University of Malang
e-mail: fafanadifah@gmail.com, nurainiyah69@yahoo.com
Abstract
Nowadays, Islamic contemporary scholars
create their though about Islam such as Muhammad Syahrur. He creates theory of
limit or Nazhariyat Al-Hudud. His book by the title “al-Kitab wa al-Qur’an”
becomes one of interesting topic to discuss in Islamic studies. The theory of
limit can be described as follows: Allah's commands revealed in Al-Quran and
As-Sunnah to regulate the provisions which constitute the minimum limit and the
maximal limit for all human actions. The minimum limit represents the lower
legal provisions in a legal case, and the maximal limit represents the highest
limit. There is no law lower than the minimum limit and higher than the maximum
limit. Syahrur applies this theory of limit to Muslim women's clothing. Syahrur
defines jilbab as protection, namely
outerwear that can be in the form of trousers, clothes, formal uniforms, coats,
and so on. Syahrur revealed that the minimum limit of a woman's body that must
be covered is that which is included in al-juyub,
and the maximum limit covered is the entire body except the face and palms. If
women violate this limit, then it is considered to have come out of the minimum
limit or maximum limit. When these boundaries are used as guidelines, legal
certainty will be guaranteed.
Keywords:
Muhammad Syahrur, Nazhariyat Al-Hudud (Theory of Limit), Jilbab
Abstrak
Saat ini, para
ulama Islam kontemporer
membuat pemikiran mereka tentang Islam seperti Muhammad Syahrur. Dia
menciptakan Teori Batas atau Nazhariyat Al-Hudud. Bukunya dengan judul
"al-Kitab wa al-Qur'an" menjadi salah satu topik yang menarik
untuk didiskusikan dalam studi Islam. Teori batas dapat digambarkan sebagai berikut:
Perintah Allah yang diungkapkan dalam Al-qur’an dan As-Sunnah bertujuan untuk
mengatur ketentuan-ketentuan yang merupakan batas terendah dan batas tertinggi
bagi seluruh perbuatan manusia. Batas terendah mewakili ketetapan hukum minimum
dalam sebuah kasus hukum, dan batas tertinggi mewakili batas maksimumnya. Tidak
ada hukum yang lebih rendah dari batas minimum dan lebih tinggi dari batas
maksimum. Syahrur menerapkan teori batas ini terkait dengan pakaian yang
dikenakan oleh wanita muslim. Syahrur mendefinisikan jilbab sebagai
perlindungan, yaitu pakaian luar yang dapat berbentuk celana panjang, baju,
seragam resmi, mantel, dan lain-lain. Syahrur mengungkapkan bahwa batas minimum
tubuh wanita yang harus ditutupi adalah yang termasuk dalam al-juyub,
dan batas maksimum yang ditutupi adalah seluruh tubuh kecuali muka dan telapak
tangan. Jika melanggar batas tersebut, maka dianggap telah keluar dari batas
minimum ataupun batas maksimum. Ketika batas-batas ini dijadikan panduan,
kepastian hukum akan terjamin.
Kata
Kunci: Muhammad Syahrur, Nazhariyat
Al-Hudud (Theory of Limit), Jilbab
A.
Preliminary
We
live in a busy and complex world. In this complex world, people are faced to
many kinds of experiences which has thousands perspectives. Islam through its Qur’an
and Hadith had already settle people to live and socialize in this world. Islam
also regulates its people how to worship toward God, Allah Subhanahu wa Ta’ala. Actually Qur’an and Hadith are enough to guide
people, but due to their limited brain capacity, so most of them couldn’t fully
understand what exactly Allah wants to His people. From this case, Allah had
created His prophet to guide until scholars to help others people for
understanding and interpreting sharia
through Qur’an and Hadith.
Nowadays,
Islamic contemporary scholars create their though about islam such interpreting
Qur’an as Muhammad Syahrur does. Muhammad Syahrur is one of Islamic scholar
whose famous books. Through his thought, nazhariyat
al-hudud, he becomes discussion among others scholars. His book by the
title “al-Kitab wa al-Qur’an” becomes one of interesting topic in Islamic
studies.
Based
on al-Kitab wa al-Qur’an book, he
explore his theory called nazhariyat al-hudud and its implementation into
Islamic law toward daily life based on Qur’an and Sunnah such as jilbab, core
discussion besides nazhariyat al-hudud in this academic writing.
In
this occasion by writing academic article, writers try to define and give
complex explanation about his biography and nazhariat
al-hudud theory (Theory of Limit), and also his perspective about jilbab.
B.
Biography
Muhammad
Syahrur is an intellectual who comes from Syiria,
and was born on 11 April 1938. His father was named Daib while his mother
was named Siddiqah bint Shaleh Filyun. Syahrur was blessed with five children,
Thariq, al-Laits, Lima, while the other two were Basil and Mansur from his
marriage to Azizah. The two grandchildren named Muhammad and Kinan. Syahrur's
attention and affection to his family is very great. This is evident by always
mentioning their names in the offerings of his works.[1] He
offers lot of innovative and revolutionary theories in Islamic law. His book, al-Kitab wa al-Qur’an contain many
controversial ideas in year 2000. As a technical engineer, his analysis is
close to science, especially mathematics and physics.[2]
Since
young, Syahrur is known as a smart child. This is at least evident from the
educational process which is smooth and does not face the slightest obstacle.
His intelligence was proven where in 1958 Syahrur obtained a scholarship from
the government and went to Satarow in Moscow, the Soviet Union to study civil
engineering and in 1964 Syahrur successfully completed a civil engineering
diploma program, this education level was five years from 1959 until 1964[3] and
ten years later he studied abroad again to College University in Dublin to get
his MA and Ph.D until 1972.[4]
After
earning a diploma, in 1964, Syahrur back to Syria to devote himself as a
lecturer to the Faculty of Engineering at the University of Damascus. That same
year, Syahrur continued to study in Ireland, precisely at University College,
Dublin in the same field. In 1967, Syahrur was entitled to conduct research at
the imperial College, London. In June of that year, a war broke out between Britain
and Syria which resulted in the loss of diplomatic relations between the two
countries, but this did not prevent him from completing his studies
immediately. Evidently he immediately left for Dublin to complete his master's
and doctoral programs in the field of soil mechanics and building engineering.
His doctorate was obtained in 1972. Then Syahrur officially became a teaching
staff at the University of Damascus[5]
In
addition to his position as a lecturer, actually Syahrur also became an
engineering consultant. In 1982-1983, he was sent by the university to become
an expert staff at al-Saud Consult, Saudi Arabia. In addition, along with
several of his colleagues in the Faculty, Syahrur opened an engineering
consultancy/dâr al-istisyârat
al-handasiyah in Damascus.[6]
In
1995, Syahrur was invited to be an honorary participant and was involved in
public debates on Islamic thought in Lebanon and Morocco. At first Syahur was
more engaged in technical education, but in its development, he began to be
interested in Islamic studies, especially since he was in Dublin Ireland
(1970-1980). Since that time Syahrur began to study the Qur'an more seriously
with the approach of linguistic theory, philosophy, and modern science. Syahrur
even later wrote several books and articles on Islamic thought. In this case,
Ja'far Dakk al-Ba'b, who was his friend and teacher, had a very big role in
supporting Syahrur's academic-intellectual career. The meeting between Syahrur
and Dakk al-Bab took place when both of them became students in the Soviet
Union. At that time, Ja'far took the Linguistics Department, while Syahur took
the Civil Engineering Department[7]
That
friendship happened around 1958 until 1964, even though after that both of them
separated because both of them had finished their studies. However, in 1980,
the two accidentally met again in Ireland, Dublin. It was at that time that
there was intense conversation between the two regarding the problem of
language, philosophy and the Qur'an. Syahrur was also interested further in
studying language, philosophy and the Qur'an. Since then, Syahrur has studied
linguistics intensively from the dissertation of Ja'far Dakk al-Bab which was
promoted in 1973 in Moscow. Thanks to his sincerity in studying the Qur'an and
the philosophy of language, Syahrur succeeded in writing scientific works that
were not only monumental, but also controversial, namely al-Kitab wa al-Qur'an; Qira'ah
Mu’ashirah (1990). The book is actually the result of evolution and the
sedimentation of Syahrur's thinking for quite a long time, which is
approximately 20 years. However, Syahrur's controversial thoughts cannot be
separated from the influence of the thoughts of previous linguistic figures,
such as Ibn Faris, Yahya ibn Tsa'lab, Aba 'Ali al-Fârisi, Ibn Jinni,' Abdul
Qahir al-Jurjana and Ja 'far Dakk al-Ba'b. According to Eikelman-Piscatori the
book al-Kitab wa al-Quran in general
tried to launch a critique of conventional religious policies and radical
religious certainty that was intolerant (authoritarian). What Syahrur really
wanted was the need to "re-read" the verses of the Qur'an according
to the development and interaction between generations, and break down the lack
of understanding the Qur'an.[8]
In
1982-1983 Syahrur was invited to become an expert at Al-Saud Consult Kingdom of
Saudi Arabia. Until 1995, Syahrur had also been an honorary participant and was
involved in the debate on Islamic thought in Lebanon and Morocco. In the
beginning, Syahrur was indeed involved in the Technical Field, but later Syahrur
began to be interested in Islamic studies such as hadith/sunnah to examine the Qur'an seriously with a linguistic theory
approach, philosophy and even modern science.
Syahrur's
seriousness in studying Islamic knowledge and al-Quran is evidenced by the
birth of his works which specifically examine Islam. Here are some of the works
of Syahrur:
1. Al-Kitāb wa
al-Qur’ān; Qira’ah Muā’ṣirah (1990)
2. Al-Dirāsah
al-Islāmiyyah fi al-Daulah wa al-Mujtama’ (1994)
3. Al-Islām wa
al-Īmān; Manżūmah al-Qiyāmah (1996)
4. Nahwa Uṣūl
Jadīdah li al-fiqh al-Mar’ah (1999)
5. Masyrū’ al-Miṡāq
al-‘Amal al-Islāmi (2000)
C.
Nazhariyat
Al-Hudud Theory
Book
of al-Kitab wa al-Qur'an: Qira'ah
Mu’ashirah is a serious work of Muhammad Syahrur. In his research, that
book took approximately twenty years.[10] Syahrur
in constructing his thoughts, especially those related to Islamic issues,
cannot be separated from this theory. His ideas emerged after consciously
observing developments in the tradition of contemporary Islamic sciences.
According to him, contemporary Islamic thought has the following problems:
1. The
absence of methodological instructions in thematic scientific discussion of the
interpretation of the verses of the Qur'an revealed to the prophet Muhammad.
This is due to the fear and hesitation experienced by Muslims in studying the
scriptures. Even though the main requirement in scientific assessment is an
objective view of something without excessive pretension and sympathy.
2. The
use of past legal products to be applied in current issues. For example is
legal thinking about women. For this reason there is a need for a fiqh with a
new methodology that is not only limited to al-fuqaha`
al-khamsah.
3. Absence
of utilization and interaction of humanities philosophy (falsafah al-Insaniyah).
This is due to the dualism of science, namely Islam and non-Islam. The absence
of such interaction results in the infertility of Islamic thought.
4. The
absence of a valid Islamic epistemology. This has an impact on fanaticism and
indoctrination of madhab (scholar)
which are accumulations of thought in the past centuries so that Islamic
thought becomes narrow and does not develop.
5. The
existing fiqh products (al-fuqaha`
al-khamsah) are no longer relevant to the demands of modernity. What is needed
is a new formula. This kind of anxiety has actually arisen from critics, but
generally only stops criticism without offering a new alternative.[11]
The
educational background in the field of science has a strong influence in his
work which makes him always put forward the empirical, rational, and scientific
traits. In simple terms, it can be explained that the method used by Syahrur is
linguistic analysis which includes words in a text and grammar (language
structure), which he calls the historical scientific method of language study
(al-Manhaj al-Tarikhiy al-ilmy fi al-dirasah al-lughawiyah). The meaning of the
word is searched by analyzing the relation or relation of a word in other words
that are close or opposite. The word does not have synonyms (muradif). Every
word has a specific meaning; it can even have more than one meaning.
Determination of the right meaning is very dependent on the logical context of
the word in a sentence (shiygah al-kalam). In other words, the word meaning is
always influenced by a linear relationship with the words around it. Syahrur in
studying the verses of the Qur'an uses a philosophical approach to language, a
paradigmatic approach and a syntagmatic approach.[12]
By
using that linguistic method above, Syahrur then built a theory of limit, which
was based on an understanding of two terms namely al-hanif and al-istiqamah.
According to Syahrur, the word al-hanif
comes from the word hanafa which in
Arabic means crooked, curved (hanafa); or it can also be said for people who walk
on two legs (ahnafa) or means a person who is bent on his feet (hanufa). The
word istiqamah, comes from the word qaum which has two meanings: (1)
standing upright (al-intishab) and or strong (al-‘azm). Derived from the word al-intishabini appears the word al-mustaqim and al-istiqamah, opponents of the curve (al-inhiraf); while from al-‘azm, the word al-dîn al-qayyim (a strong religion in his power) appears. The
linguistic analyzes of this term al-hanafiyah and al-istiqamah finally lead to
a verse in Q.S. 6: 161.[13]
قُلْ
إِنَّنِي هَدَانِي رَبِّي إِلَىٰ صِرَاطٍ مُسْتَقِيمٍ دِينًا قِيَمًا مِلَّةَ
إِبْرَاهِيمَ حَنِيفًا ۚ وَمَا كَانَ مِنَ الْمُشْرِكِينَ
Translation:
Say,
"Indeed, my Lord has guided me to a straight path - a correct religion -
the way of Abraham, inclining toward truth. And he was not among those who
associated others with Allah."
The
verse presents three main terms: al-diin
al-qayyim, al-mustaqim, and al-hanif,
which appear at a glance in contradiction, because they combine two things which
are contradictory. Then Syahrur gained an understanding that al-hunafa was the nature of all nature
through the analysis of Q.S. 6: 79.
إِنِّي وَجَّهْتُ وَجْهِيَ
لِلَّذِي فَطَرَ السَّمَاوَاتِ وَالْأَرْضَ حَنِيفًا ۖ وَمَا أَنَا مِنَ
الْمُشْرِكِينَ
Translation:
Indeed, I have
turned my face toward He who created the heavens and the earth, inclining
toward truth, and I am not of those who associate others with Allah."
Heaven,
earth and even the smallest electrons as part of the cosmos move in curved
lines. There is nothing from the natural order that does not move curved. It is
this nature that makes the cosmic order become orderly and dynamic. Al-din al-hanif, thus, is a religion
that is in harmony with this condition because al-hanif is a fitriah
character. Humans, as part of the material realm, also possess this natural
nature. In line with the nature of nature, legal aspects also occur. The
reality of society always moves harmoniously in the territory of social
traditions, habitual or customs.[14]
Therefore,
al-shirat al-mustaqim, is a necessity
to control and direct these changes. That is why in the Qur'an there will never
be found ihdina ila al-hanafiyyah but
ihdinâ al-shirath al-mustaqim,
because indeed al-hanafiyyah is fitrah. Thus, al-shirat al-mustaqim becomes a limitation of the movement space of
human dynamics in determining the law. Departing from the two key words above,
Syahrur then formulated his theory which provoked much controversy, namely
theory of limit (nazhariyyah al-hudud), like a curve and a straight line moving
on a matrix. The X axis describes the times or the context of time and history.
The Y axis as a law established by Allah SWT. The curve (al-hanafiyyah)
describes the dynamics, moves in line with the X axis. But the movement is
limited by the legal limits that have been determined by Allah SWT (Y axis).
Thus, the relationship between curves and straight lines as a whole is
dialectical, which is fixed and that which changes is always interrelated.
Dialectics is the necessity to show that the law is adaptable to the context of
space and time. Syahrur then introduced what he called theory of limit. He said
that Allah had established the maximum and minimum legal concepts, al-istiqamah (straightness), and
humanity moved from these two limits, al-hanafiyyah
(curvature).[15]
It
has been noted that theory of limit by Syahrur uses the sunnah and the quran.
According to him the sunnah and the Qur'an do not provide specific concrete
laws but rather provide a methodological way (manhaj) to build a legal system.
Apart from the Qur’an and the sunnah
which are relevant to the theory of limit, Syahrur rejects other sources of
legal use and oppression. He also explained that qiyas is a form of oppression. Because how could an analogy of the
size and events that occur between the seventh and twentieth century? Therefore
Syahrur refused qiyas and replaced it
with a theory of limit.[16]
Back
to the discussion of the matrix offered by Syahrur in its boundary theory,
there are six models that Syahrur expresses in explaining this theory of limit problems,
namely:
1. Legal
provisions that only have a lower or minimum limit (halatu al-hadd al-adna).
For example, this applies to the verse about women who must not be married (QS
4: 22-23), various types of foods that are forbidden (QS 5: 3; 6: 145-156),
accounts payable (QS 2: 283-284) and about women's clothing (Qur'an 4: 31).
2. Legal
provisions that only have an upper or maximal limit (halatu al-hadd al-a'la).
This applies to criminal acts of theft (QS 5: 38) and murder (Surah 17: 33;
Q.S. 2: 178; QS 4: 92).
3. Legal
provisions which have both upper (maximal) and lower (minimal) limits at the
same time (halatu al-hadd al-adna wa al-hadd al-a’la m'an). This for example
occurs in the issue of inheritance law (QS. 4: 11-14, 176) and the issue of
polygamy (QS. 4: 3).
4. Legal
provisions that have both upper (maximal) and lower (minimum) limits but in one
coordinate point (halatu al-hadd al-adn wa al-hadd al-a'la m’an ‘ala nuqthati
wahidah). This means that there are no other legal alternatives, must not be
less and should not be more than specified. This applies to the punishment of
adultery, which are one hundred whips (QS 24: 2).
5. Legal
provisions that have an upper limit with one point that tends to approach a
straight line but there is no contact (halatu al-hadd al-a'la bikhath maqarib
al-mustaqim). This applies to male and female social relations which begin from
not touching at all between the two to relationships that are almost
(approaching) adultery.
6. Legal
provisions that have a positive upper limit and must not be exceeded and a
negative lower limit that may be exceeded (halatu al-hadd al-a'la mûjabun wa
al-hadd al-adna salibun). This applies to material relations of fellow humans.
The upper limit of a positive value in the form of usury while zakat as a negative lower limit may be
exceeded.[17]
D.
Jilbab
According to
Syahrur, all of the heavenly treatises touched on women's issues when they were
revealed. The treatise seeks to restore women's honor and position it equally
with men.[18]
The concept of jilbab is
often associated with women's clothing problems. According to Syahrur, the
verses about libas al-mar'ah can be
categorized as verses muhkamat
(verses of the law), so that methodologies must be interpreted with the method
of ijtihad through the approach of the theory of hudud and tartil.
When talking about women's clothing, Syahrur uses the term libas
(clothing) which shows the meaning of siyab (clothing) jilbab
(women's outerwear), khimar (close), to replace the usual terms al-hijab
or al-hijab al-syar'i
popular in the community. Because according to Syahrur, the term hijab in the
Qur'an has nothing to do with the issue of women's clothing.[19]
The explanation
regarding women's clothing is found in the hudud verse of An-Nur verse
31. Allah said:
وَقُلْ لِلْمُؤْمِنَاتِ يَغْضُضْنَ مِنْ أَبْصَارِهِنَّ
وَيَحْفَظْنَ فُرُوجَهُنَّ وَلَا يُبْدِينَ زِينَتَهُنَّ إِلَّا مَا ظَهَرَ
مِنْهَا ۖ وَلْيَضْرِبْنَ بِخُمُرِهِنَّ عَلَىٰ جُيُوبِهِنَّ ۖ وَلَا يُبْدِينَ
زِينَتَهُنَّ إِلَّا لِبُعُولَتِهِنَّ أَوْ آبَائِهِنَّ أَوْ آبَاءِ
بُعُولَتِهِنَّ أَوْ أَبْنَائِهِنَّ أَوْ أَبْنَاءِ بُعُولَتِهِنَّ أَوْ
إِخْوَانِهِنَّ أَوْ بَنِي إِخْوَانِهِنَّ أَوْ بَنِي أَخَوَاتِهِنَّ أَوْ
نِسَائِهِنَّ أَوْ مَا مَلَكَتْ أَيْمَانُهُنَّ أَوِ التَّابِعِينَ غَيْرِ أُولِي
الْإِرْبَةِ مِنَ الرِّجَالِ أَوِ الطِّفْلِ الَّذِينَ لَمْ يَظْهَرُوا عَلَىٰ
عَوْرَاتِ النِّسَاءِ ۖ وَلَا يَضْرِبْنَ بِأَرْجُلِهِنَّ لِيُعْلَمَ مَا
يُخْفِينَ مِنْ زِينَتِهِنَّ ۚ وَتُوبُوا إِلَى اللَّهِ جَمِيعًا أَيُّهَ
الْمُؤْمِنُونَ لَعَلَّكُمْ تُفْلِحُونَ
Translation:
“Say to the woman
who believes:" Let them hold their sight, and their genitals, and let them
not show their jewelry, except those (usually) appearing from them. And let them cover the veil of the cloth, and do not
show off their jewelry except to their husbands, or their fathers, or their
husbands' fathers, or their sons, or the sons of their husbands, or their
brothers or sons or their brother's sons, or the sons of their sisters, or
Muslim women, or slaves they have, or male servants who have no desire (towards
women) or children who do not understand about women's genitals. And don't hit
their feet so that they know the jewelry they are hiding. And repent you to
God, you who believe so that you will be lucky.”
Based on An-Nur
verse 31, it can be known about the issue of jewelry (al-zinah) and the aurat that is specifically intended for
women in the Qur'an. What needs to be emphasized here is that An-Nur verse 31
is a verse that explains the minimum limits of women's clothing.
Previously, let
us first define the term al-zinah. Jewelry for women (zinatu
al-mar'ah) in QS. An-Nur: 31 is divided into two, namely: First, visible
jewelry (al-zinah al-dhahirah). Second, hidden jewelry (al-zinah
al-mukhfiyah) But what exactly is meant by jewelry in the sense covered by
the verse and all the verses mentioned in the Qur'an, especially the verses of
maharim in Surat An-Nisa ' verses 22-23. Jewelry has three kinds of forms,
namely:[20]
1.
Jewelry is in the form of an object (zinah
al-asya'), namely jewelry which is in the form of adding an object to
another object or somewhere to beautify it. Examples are indoor decorations,
clothes designs, hair clips, necklace earrings, bracelets, and so on. All
objects are worn or paired to beautify something. This form of material jewelry
is explained in the word of Allah Al-Nahl verse 8 "And (he has created)
horses, mules, and donkeys, so that you will help him and (make it) jewelry.
And Allah created what you did not know" and Al-A'raf verse 31."Son
of Adam, wear your beautiful clothes in every (entering) mosque, eat and drink,
and do not overdo it. Verily, Allah does not like those who are
exaggerated."
2.
Jewelry place or jewelry location (zinah
al-mawaqi or al-zinah al-makaniyah). Such jewelry is clearly in the form of
public spaces in urban areas. Buildings erected on a stretch of verdant grass
are referred to as city parks. Such places are used to decorate the city as a
place frequented by humans (public space). Jewelry of this location can be in
the form of preserving nature according to its natural habitat or adding
something natural, such as trees and flower plants. All of this is explained by
Allah in the verse An-Nur verse 31. So that this verse does not cons with the
meaning of verse al-Maharim in An-Nisa's letter. Hence the term al-zinah
in the verse must be translated as location jewelry (al-zinah al-makaniyah),
not as material jewelery (al-zinah syai'iyyah).
3. Jewelry is a combination of
location and material. This is explained in QS. Al-A'raf verse 32 "Who
forbids jewelery from Allah which has been issued to his servants and (who is
the one who forbids) good sustenance?" And QS. Yunus verse 24 "Until
when the earth has perfect its beauty, and wears (also) the jewelry, and the
owners think that they must have mastered it". The definition is that the
development and progress of human science will fill the earth with various
forms of decoration of location and decoration of objects. Judging from the
location of jewelry, the entire female body is jewelry. What is meant by
jewelry here is something shaped intact. Not only necklaces, bracelets, and the
like, but also all women's bodies.
First, the body
part that opens naturally. Allah said "they must not reveal their
jewelery except what is usually seen from it." This verse must be
understood that in a woman's body there is a hidden jewelery (zinah
mukhfiyah). Jewelry that appears is what is naturally visible to the female
body, namely what is shown by God in the creation of a female body, such as the
head, stomach, back, two legs, and two hands, because we believe that God
created men and women naked without dressing.
Second, body
parts that do not appear naturally, namely those hidden by God in the form and
composition of the female body. This hidden part is called al-juyub or
hollow parts (slit). The word al-jayb comes from the word ja-ya-ba
as in the words jabtu al-qamisa, meaning I punch holes in my pocket or
make a pocket on my shirt. The word al-jayb as we know it is an open
part that has two levels, not just one level because basically the word ja-ya-ba
comes from ja-wa-ba which in Arabic means the basic "hole that lies
in something" and also means a question and answer dialog.The term al-juyub
on the female body has two levels or two levels as well as a hole in detail in
the form: the part between two breasts, the lower part of the breast, the lower
armpit, the genitals and the buttocks, which must be covered by women.
Therefore, Allah
says walyadribna bi humurihinna 'ala juyubuhinna (and let them extend
their veils on top of their juyub). The word al-khimar comes from
kha-ma-ra which means close. Liquor is called khamr because it covers
the mind. The term al-khimar does not only apply to the notion of head
covering. But all forms of lid, either for the head or otherwise. Therefore
Allah commands believing women to cover their body parts which are included in
the category of al-juyub, that is jewelry that is hidden physically and
forbids them to show that part.
Syahrur revealed
the word (awrah) has nothing to do with halal or haram issues. From
this, the Prophet said that if someone has a certain body part that others do
not want to know, then do not show it.[22]
The awrah
according to Shahrur comes from the word ‘aurah which means everything
that if shown, then someone will feel ashamed. Shame has a level that is
relative, not absolute and follows local customs. So, which is related to the
boundaries of genitalia can change according to the development of the times
and places, but what is related to the core area of the body (al-juyub)
is fixed and absolute.[23]
So, is a Muslim
woman who travels with "mini" clothes referred to as a minimum? The
answer is in QS. Al-Ahzab explained about the clothes that perfected the
clothing model. This verse was revealed in the context of prophethood, not as
Shari'a. This verse also functions as a teaching to avoid disturbances as
explained in QS. Al-Ahzab verse 59. This verse is preceded by the editorial
"ya ayyuha an-nabi" which is a feature of the teaching verse (ta'lim).
not a syariah (tasyri') stipulation verse. On the other hand, this verse
is applied in Madinah with a local-temporal understanding (mahalliyan)
which is related to the absence of interference from the facies of Muslim women
when they go to fulfill their needs. At present the requirements and factors
have been lost because the mechanism for implementing this paragraph is not
permanent. This verse teaches how Muslim women wear outerwear or clothing to
carry out social activities which are referred to as jilbab.[24]
Jilbab comes from the word jalaba which in Arabic has two basic meanings, namely: first, bring
something from one place to another. Second, something that covers and closes
something else. The word al-jalabah means torn cloth (al-qasyarah)
which is used to cover the wound before it gets worse and fester. Gauze that
has been covered with medicine needs to be used to cover the wound so that it
is not exposed to dirt from the outside. From this understanding the word al-jilbab
appears for protection, namely outerwear that can be in the form of trousers,
clothes, formal uniforms, coats, and others. All forms of this kind of clothing
are included in the understanding of the al-jalabib. Therefore, Allah
says yudnina 'alayhinna min jalabihinna (Surah Al-Ahzab verse 59). In
this verse the letters jar "min" are used to indicate a portion of
the whole (al-tab‘id) and use the word yudnina which functions to draw
near (li al-taqrib). This word comes from the word danuwa-yadnu. The words al-jalbu and al-idna’ have
harmonious meanings. Closer activity is called the word al-jalbu.
Clothes that do not come into contact with the body are called al-dunuwwu. As used
in verse qaba qawsaini aw adna which means "then be close (to
Muhammad a distance) two ends of the bow or closer (again)." (Surah
An-Najm verse 9)[25]
Al-Ahzab verse
59 above serves as teaching, not as a legal stipulation. In it there are two
reasons for applying the teachings, namely: knowledge and the existence of
disturbances of Muslim women are required to cover certain parts of the body
which if exposed will cause interference (al-aza). But this is applied within the framework of teaching,
not as a legal provision. Disorders consist of two types, namely those that are
natural and social. Natural disorders are related to geographical environment,
such as air temperature and weather. Believing women should be dressed in
accordance with the conditions of the air and weather that are in their homes
so as not to cause natural interference to themselves. Some people say that
this is not an important problem because it is not mentioned in verse. Verse
only connects the existence of interference with knowledge. Word of God an
yu’rafna fala yu'zayna. Note the fa particle which shows the existence of a
cause (fa 'al-sababiyah) and
sustainability (ta'qib) between
knowledge and disturbance. This is what we call a social disorder (al-aza al-ijtima'i).[26]
A Muslim woman
should wear her outerwear and activities in the community in accordance with
the prevailing habits in her community, so that she is not subject to reproach
and interference from people. If he does not do that, then he will get social
problems. This social disorder is the only form of punishment he receives. By
the understanding that in this case God does not set certain rewards or
punishments for her. This condition is what happens when this verse is applied
in Madinah, namely when the troublemakers of social peace disturb the believing
women who come out at night to fulfill their needs.
In order for
humans not to overdo it in dressing, the Prophet sets the maximum limit in
dressing for women through the saying of kullu al-mar'ah awratun ma ‘ada
wajhiha wa kaffayha (the entire female body is aurah besides the face and
both palms). In addition, it should be noted that the word of the Prophet is
not eternal. In this hadith, the Prophet has allowed women to cover their
entire bodies as the maximum limit. but the Prophet did not allow women under
any circumstances (meaning in social activities) to cover their faces and
palms. Because the human face is his trademark. If a woman goes out by just
dressing, she closes her lower intimate area (juyubuha al-sufliyah),
then he has come out of the limits of Allah and if he comes out without showing
any of his limbs, even to the face and the palms of his hands, then he has come
out of the limits of the Prophet.
Syahrur in
applying his hudud theory to Muslim
women's clothing concepts in his daily social life applied semantic linguistic
studies and historical studies. His semantic linguistic study, he applies,
there is no synonymity of the words in verse of hudud about the clothes
of Muslim women, namely the word al-ba'l
is not the same as the word al-zawj, then he also applies the method of
filtering the meaning of words correctly (al-inṭiqa'iyah) to the words
in the verse of hudud about Muslim
clothing, namely in selecting the meaning of the word nisa'ihinn, through the process of analyzing language (lughah),
rationality (al-'aqlaniyah), and conformity (al-midaqiyah) with
social life.[27]
Wael B. Hallaq
as an observer of Islamic legal thought views that Islamic legal thinking with
the theory of limits is a way out of the inequality between textual and the
empirical social dimension, even Wael B. Hallaq expressed his admiration for
Syahrur thinking.[28]
Thus Syahrur see
that the clothes of the majority of the inhabitants of the earth are in the
area between the limits of Allah and the limits of his prophet which is indeed
a human nature in dressing. Under certain conditions they dress to reach the
specified limits, both maximal and minimal and in other conditions sometimes
come out these limits.[29]
E.
Closing
Muhammad Syahrur is a phenomenal
figure. The famous Syahrur thought is theory of limit (nazhariyyah al-hudud). Syahrur
formulated his theory which provoked much controversy.
Theory
of limit (nazhariyyah al-hudud),
like a curve and a straight line moving on a matrix. The X axis describes the
times or the context of time and history. The Y axis as a law established by
Allah SWT. The curve (al-hanafiyyah) describes the dynamics, moves in line with
the X axis. But the movement is limited by the legal limits that have been
determined by Allah SWT (Y axis). Thus, the relationship between curves and
straight lines as a whole is dialectical, which is fixed and that which changes
is always interrelated. Dialectics is the necessity to show that the law is
adaptable to the context of space and time. Syahrur then introduced what he
called theory of limit.
Syahrur then applied his theory to the jilbab
concept. Based on Syahrur, The female body can be divided into two, namely:
First, the body part that opens naturally, such as: head, stomach, back, two
legs, and two hands. Second, body parts that do not appear naturally, namely
those hidden by God in the form and composition of the female body. This hidden
part is called al-juyub, and it is:
the part between the two breasts, the lower part of the breast, the lower part
of the armpit, the genitals, and the buttocks. All these parts are called juyub which must be covered by women.
Syahrur defines the word al-jilbab for protection, namely
outerwear that can be in the form of trousers, clothes, formal uniforms, coats,
and so on. All forms of this kind of clothing are included in the understanding
of the jalabib.
According to
Syahrur, the minimum limit in dressing for women is to cover al-juyub. If a woman goes out with only
clothes that cover her lower intimate area (juyubuha al-sufliyah) or naked, then she is out of God's limits. The maximum limit in dressing for women is that the
entire female body is an aurat
besides the face and both palms. If a woman comes out without showing any of
her limbs, even to her face and palms, then she is out of Prophet’s limit.
F.
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M. Zainal. 2014. Rethinking Islam &
Iman: Studi Pemikiran Muhammad Syahrur. Yogyakarta: IAIN Antasari Press.
Abidin,
M. Zainal. Gagasan Teori Batas Muammad
Syahrûr dan Signifikansinya Bagi Pengayaan Ilmu Ushul Fiqh. Al-Mawarid. 17
Edition No. 4. 2006.
Andi,
Azhari et al. Reinterpretasi Sunnah: Studi
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1. 2016.
Arfa,
Faisar Ananda. Hermeneutika Muhammad Shahrur dan Implikasinya terhadap
Istinbat Al-Ahkam dalam Persoalan Wanita. Jurnal Ahkam:
Vol. XIII. No. 1, 2013.
Aseri,
Akhmad Fauzi, et al. 2014. Kesinambungan
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Pemikiran Muhammad Syahrûr dan Nashr Hamîd Abû Zayd. Yogyakarta: IAIN
Antasari Press.
Izad,
Rohmatul. Pemikiran Hermeneutika Muhammad
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Studi Islam dan Sosial. Vol. 16 No. 2. 2018.
Mustaqim,
Abdul. 2010. Epistemologi Tafsir
Kontemporer. Yogyakarta: LKiS Yogyakarta.
Mustaqim,
Abdul. Pemikiran Fikih Kontemporer Muhamad Syahrur tentang Poligami dan
Jilbab. Jurnal Al-Manahij. Vol. V. No. 1. 2011.
Najitama,
Fikria. Jilbab dalam Konstruksi Pembacaan Kontemporer Muhammad Syahrûr.
Jurnal Musawa. Vol. 13. No. 1. 2014.
Salsabila,
Qabila et al. Penafsiran Ayat-Ayat tentang Aurat Perempuan Menurut Muhammad
Syahrur. Al-Bayan: Studies of Al-Qur’an and Tafsir Journal. Vol. 2. No. 1.
2017.
Syahrur,
Muhammad. 2007. Prinsip dan Dasar
Hermeneutika Hukum Islam Kontemporer, translated by Sahiron Syamsuddin and
Burhanudin Dzikri, Yogyakarta: eLSAQ Press.
Tarlam,
Alam. Analisis dan Kritik Metode Hermeneutika Al-Qur’an Muhammad Shahrur.
Empirisma Journal, Vol.24 No.1. 1 Januari 2015.
Ulfiyati,
Nur Shofa. Pemikiran Muhammad Syahrur: Pembacaan Syahrur terhadap Teks-Teks
Keagamaan. Et-Tijarie Journal Vol. 5. No. 1. 2018.
Catatan:
Makalah sudah bagus, tetapi lebih baik diperkaya dengan buku Syahrur:
Hermeneutika Fiqih Kontemporer (terjemah fiqh al-mar’ah).
[1] Rohmatul Izad, Pemikiran Hermeneutika Muhammad Syahrur tentang
Konsep Kesetaraan Gender dalam Islam, “Dialogia” Jurnal Studi Islam dan
Sosial, Vol. 16 No. 2, 2018, page 160.
[2] Muhammad Syahrur, Prinsip dan Dasar Hermeneutika Hukum Islam
Kontemporer, translated by Sahiron Syamsuddin and Burhanudin Dzikri,
(Yogyakarta: eLSAQ Press, 2007), 3.
[3] Rohmatul Izad, Op.
Cit, 161
[4] Muhammad Syahrur, Op.
Cit, 313.
[5] Akhmad Fauzi Aseri et
al, Kesinambungan dan Perubahan dalam
Pemikiran Kontemporer tentang Asbab Al-Nuzul: Studi Pemikiran Muhammad Syahrur
dan Nashr Hamid Abu Zayd,(Yogyakarta: IAIN Antasari Press, 2014), 16.
[6] Ibid, 17.
[7] Abdul Mustaqim, Epistemologi Tafsir Kontemporer,
(Yogyakarta: LKiS Yogyakarta, 2010), 95.
[8]Ibid, 96
[9] Azhari Andi et al, Reinterpretasi Sunnah: Studi Pemikiran
Muhammad Syahrur terhadap Sunnah, Jurnal Living Hadits. Vol. 1 No. 1, 2016,
page 82-83.
[10] Muhammad Syahrur, Op.
Cit, page xi
[11] Alam Tarlam, Analisis dan Kritik Metode Hermeneutika
Al-Qur’an Muhammad Shahrur, Empirisma Journal, Vol. 24 No. 1, 1 Januari
2015, page 95-96
[12] M. Zainal Abidin, Gagasan Teori Batas Muammad Syahrur dan
Signifikansinya bagi Pengayaan Ilmu Ushul Fiqh, Al-Mawarid, 17 Edition No.
3, 2006, page 101
[13] Ibid, 102
[14] Ibid, 102
[15] Ibid, 103
[16] Muhammad Syahrur, Op.
Cit, 14
[17] M. Zainal Abidin, Rethinking Islam & Iman: Studi Pemikiran
Muhammad Syahrur, (Yogyakarta: IAIN Antasari Press, 2014), 33-36
[18] Fikria Najitama, Jilbab
dalam Konstruksi Pembacaan Kontemporer Muhammad Syahrûr, Musawa Journal, Vol.
13, No. 1, 2014, page 14
[19] Abdul Mustaqim, Pemikiran
Fikih Kontemporer Muhamad Syahrur tentang Poligami dan Jilbab, Jurnal
Al-Manahij, Vol. 5, No. 1, 2011, page 73
[20] Muhammad Syahrur, Op.
Cit, 246
[21] Muhammad Syahrur, Op.
Cit, 247
[22] Qabila Salsabila et
al, Penafsiran Ayat-Ayat Tentang Aurat Perempuan Menurut Muhammad Syahrur, Al-Bayan:
Jurnal Studies of Al-Qur’an and Tafsir 2, 1, 2017, 182
[23] Fikria Najitama, Op.
Cit, 14
[24] Muhammad Syahrur, Op.
Cit, 259
[25] Ibid, 260
[26] Ibid, 261
[27] Faisar Ananda Arfa, Hermeneutika
Muhammad Shahrur dan Implikasinya terhadap Istinbat Al-Ahkam
Dalam Persoalan Wanita, Jurnal Ahkam: Vol. XIII, No. 1, 2013, 119
[28] Nur Shofa Ulfiyati, Pemikiran
Muhammad Syahrur (Pembacaan Syahrur terhadap
Teks-Teks Keagamaan), Jurnal Et-Tijarie Volume 5, No. 1, 2018, 68
[29] Muhammad Syahrur, Op.
Cit, 262
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