Waiting List As A Condition Of Istiṭā'ah In The Implementation Of The Haji Ibadah In Indonesia

(Analysis By The Istiṣláḥíah Method)

Abstract

The istiqra 'maknawi method is a method used when searching or digging ma'na kulli (general concepts) from nas-nas. The meaning of kulli is maqasid al-khassah which in this study focuses on the value of al-qawa'id al-kulliyah. But on the other hand, there has been no study of the technical steps of al-qawa'id al-kulliyah's discovery, so the author was inspired to dig it from the method of mawḍū'i exegesis. Therefore, in this study two problems will be explained, 1) How is the interpretation of mawḍū'i as a means of formulating al-qawa'id al-kulliah which is used as the principle on which Islamic law depends? How can the technical step of operating mawḍū'i interpretation lead to the discovery of rules on which the law depends? Qualitative research methods are used to describe research results. Data sources used primary legal materials, secondary legal materials and tertiary legal materials collected by library research techniques. Data analysis was used with the usul fiqh approach to show the contribution of mawḍū'i interpretation in the objective discovery of al-qawa'id al-kulliyah. First, Tafsir mawḍū'i was instrumental in formulating al-qawa'id al-kulliah as a principle of Islamic law. This approach extracts general principles from the objectives of the Shari'a, considering universal values and social context. With the tafsir mawḍū'i, al-qawa'id al-kulliah can be used as a basis for issuing relevant laws in situations that are not directly provided for in specific passages. It is important to understand the sources of Islamic law, consistency in interpretation, and compare with concrete cases. Careful thinking, proper methodology, and strong arguments are also required Second, the steps of mawḍū'i interpretation that must be done in finding al-qawa'id al-kulliah, namely: 1) Identification of problems/cases; 2) Find relevant passages; 3) Establish specific principles (al-qawa'id al-juz'iyyat); 4) Harmonize maqāṣid li al-Syāri' and maqāṣid li al-nās; 5) Consider the effect (i'tibār mā'alāt); 6) Establish legal provisions. By following these steps, mawḍū'i tafsir can make a significant contribution in the discovery of al-qawa'id al-kulliah on which the law in Islam depends. Thus, the understanding and application of Islamic law can be relevant and provide solutions that are appropriate to the context of the times and the needs of Muslims today.