Al-Ihkam: Jurnal Hukum dan Pranata Sosial, 18 (1), 2023: 1-25

ISSN: 1907-591X, E-ISSN: 2442-3084

DOI: https://doi.org/10.19105/al-lhkam.v17i2.7229

Istiqra' Reasoning: An Indigenization and Contextualization

Model in Islamic Law (Istiqra Al Ma'nawiy in the Thought of
Hazairin and Ash Shiddiqiey)

Isman*
Muhammadiyah University of Surakarta,
Ahmad Yani Street, Pabelan Kartasura, Central Java
ism190@ums.ac.id,

Imron Rosyadi
Muhammadiyah University of Surakarta,
Ahmad Yani Street, Pabelan Kartasura, Central Java
email: ir120@ums.ac.id 

Syamsul Hidayat
Muhammadiyah University of Surakarta,
Ahmad Yani Street, Pabelan Kartasura, Central Java
email: sh282@ums.ac.id 

*corresponding author

Article history:

Abstract:
According to Hazairin and Hasbi Ash Shiddiqiey arguments,
the focus of this article is to examine the legal reasoning of
istiqra al-ma'nawy from Asy Syatibi's argument and the impact
on the indigenization and contextualization of Islamic law in
Indonesia. The first question in this article is how to understand
istiqra al-ma'nawy from Asy Syatiby's point of view. Second, how
the applications of istiqra al-ma'nawy in Hazairin and Hasbi Ash
Shiddiqiey's point of view as an effort to bridge the
indigenization and contextualization of Islam. A philosophical
approach model is used to explore doctrinal or normative legal
issues. The method of data collecting uses documentation
Author correspondence email: address@mail.ac.id
Available online at: http://ejournal.iainmadura.ac.id/index.php/alihkam/
Copyright (c) 2023 by Al-Ihkam: Jurnal Hukum dan Pranata Sosial
full name of first author, et al.
model. Interpretative, idealistic, and holistic meta-logic as the
techniques of analysis. The data was analyzed using natural
law theory from the perspectives of Islamic and customary law.
Asy Syatiby's concluded that istiqra al-ma'nawy reasoning is
based on the interpretation of the maslahah-based model, the
idealization model based on the integration of text and context.
(tahqiq al-manath), and the holistic model is operationalized
hierarchically from top down (min al-a’la ila al-adna) and
bottom-up (min al-adna ila al-a’la). Second, the integration and
interconnection of anthropological studies of bilateral kinship
networks is the effect of Asy Syatibi's legal reasoning on the
indigenization and contextualization of Islam from the Hazairin
argument. Hasbi ash Shiddiqiey's application of istiqra al-
ma'nawy can be seen in the harmonization and reconciliation of
two legal perspectives, namely puritanism and contextualism,
and the balance between taklif al-hukm (legal assignment) and
itsbat al-hukm (legal establishing).

Keywords:

Istiqra’ al-ma’nawy; Islamic Moderation; Indigenization;

Contextualitation;

Abstrak:
Tujuan penelitian ini mendiskusikan penalaran hukum istiqra
al-ma’nawy (induksi tematik) Asy Syatibi dan pengaruhnya
terhadap indigenisasi dan kontekstualisasi hukum Islam di
Indonesia menurut gagasan Hazairin dan Hasbi Ash
Shiddiqiey. Fokus permasalan yang pertama yang dikaji adalah
model penalaran istiqra al-ma’nawy Asy Syatibi. Kedua aplikasi
penalaran istiqra al-ma’nawy dalam pemikiran hukum Islam
Hazairin dan Hasbi Ash Shiddiqiey sebagai upaya
menjembatani indigenisasi dan kontekstualisasi Islam.
Penelitian ini adalah penelitian hukum doctrinal atau
normative dengan model pendekatan filosofis. Metode
pengumpulan datanya menggunakan model dokumentasi.
Adapun metode analisis yang digunakan dalam penelitian ini
menggunakan meta-logika interpretatif, idealis dan holistik.
Optik teoritik yang digunakan untuk menganalisis data adalah
teori hukum kodrat dalam perspektif hukum Islam dan hukum
adat. Penelitian ini menyimpulkan bahwa formulasi penalaran
istiqra al-ma’nawy Asy Syatibi didasarkan pada model

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interpretasi yang berbasis maslahah approach, model
idealisasinya berorientasi pada integrasi teks dan konteks
(tahqiq al-manath), model holistikanya dioperasionalisasikan
secara hierarkis top down (min al-a’la ila al-adna) dan bottom up
(min al-adna ila al-a’la). Pengaruh penalaran hukum Asy Syatibi
pada indegenisasi dan kontektualisasi Islam oleh Hazairin
adalah integrasi dan interkoneksi antara kajian antroplogi
tentang sistem kekerabatan bilateral Sebagian besar etnis di
Indonesia. Aplikasi istiqra al-ma’nawynya terlihat pada cara
Hazairin mengabstraksikan nilai-nilai universal yang
terkandung dalam sistem kewarisan Islam. Adapun aplikasi
istiqra al-ma’nawy oleh Hasbi ash Shiddiqiey terlihat pada
harmonisasi dua perspektif hukum, yakni puritanisme dan
kontekstualisme serta mendamaikannya. Pengaruh nalar istiqra
al-ma’nawinya pada keseimbangan antara pembebanan hukum
dan penetapan hukum.

Kata Kunci:
Istiqra’ al-ma’nawy; Islamic Moderation; Indigenization;
Contextualitation;

Introduction
(The Introduction should state background of problems and the
main purpose of study along with its significance, novelty, and arguments).
The purpose of this section, as the word itself indicates, is to provide
readers with an introductional background to the study and hence to
smoothly lead into a description of the methods employed in the
current investigation. The introduction must therefore contain
(shortly and consecutively) a general background of the problem
that the authors investigate. It should give readers enough
information to understand and consider authors’ specific objectives
within a larger theoretical framework or broader relevant discussion.
While placing the current work in a broader context, authors should
state clearly about the position of the current research among
previous relevant research(es) in literature review (state of the art)
as the basic of the brand new research questions.
In the scientific article format, it does not allow to write
down the references as in the research report. They should be
represented in the literature review to show the brand new of
the scientific article. Besides, all background information gathered
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from other sources must, of course, be appropriately cited so that the
novelty, originality and state of the art of the current research are
clearly known. In the final part of the introduction, the purpose
of the article writing should be stated as well as its basic
argument or hypothesis. The topic of research on the
indigenization and contextualization of Islamic law in
Indonesia is always at the leading edge, along with the
mainstreaming of social cohesion in the plurality and
multiculturalism of Indonesian religious people. As a country
founded on consensus values (Pancasila), Religious exclusivism
highlights not only how difficult social cohesion can be, but also
how the Pancasila (Five Principles of the Indonesian State) is
highly dependent on the people's dialogical approach and
inclusivity. (Irianto, 2021).
If religious moderation originates from the faith that
Islam and socio-cultural plurality are not mutually exclusive.
Meanwhile, religious exclusivism comes from the idea that the
text and Islamic spirit are incompatible with the socio-cultural
context of the community (Barton, 2021).
The Indigenization of Islamic law in Indonesia is
described in three layers of entities: first, the tawhid (the oneness
of God) as an ideo-fact, which gave rise to values, beliefs, rules
of thought, and a worldview. Second, the elasticity of legal
reasoning as a socio-fact, namely when monotheism as an idea,
value, and rationale forms dialogical behavior, an interactive
mindset in response to complex patterns of social relations. This
dialogical process is demonstrated by the gradual
objectification of animism, Hinduism, and Buddhism (Vaughn:
2005). Third, the two's concrete relationship (ideo-fact and socio-
fact) is inextricably linked (Kartodidjo, 1992).
Azra (in Nashemi, 2009) defines the process of
indigenization and contextualization as the objectivization of
cultural values outside of Islam. Indigenization of Islam
demonstrates itself through distinctive religious expressions
such as openness and a culture of dialogue among religions and

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beliefs. Meanwhile, contextualization is the articulation of
Islam with a variety of common platforms, such as Pancasila,
with the outcome that the ideal state-building form is a state of
consensus (dār al-ahdi wa al-syahādah) (Azra, 2005).
Muhammadiyah, as a mainstream Islamic organization
and cultural movement in Indonesia, currently sees Indonesia
as a nation of consensus (dar al-‘ahdi wa al-syahadah). The
theologization of democracy demonstrates the long struggle of
Muslim Society to find ideal answers about the relationship
between Islam and the state, primarily after the end of
colonialism's regime. (Bachtiar, 2020).
Indigenization, contextualization, and theologization of
contemporary issues as a response from Fuqaha would not
suddenly appear from a vacuum room, but from several
reasoning models that are required to ensure compatibility
between the text and the Islamic spirit with the social context in
Moslem society (Saeed, 2006). Asy Syatibi's reasoning model,
namely istiqra al-ma'nawy (thematic induction), demonstrates
these compatibilities. Because, the model allows for the
indigenization and contextualization of the law to take place
without neglecting the existence of scripture texts and other
religious allusions as proof of their originality. (Al-Alwani,
2005). Because this reasoning model facilitates the
indigenization and contextualization of Islamic law without
ignoring the existence of quranic verses and hadith of prophet
Mohammed SAW as proof of their originality (Al-Rasyuni,
2005).
Exploration of the systematic and logical principles of
Asy Syatibi's legal reasoning related to the process of
indigenization and contextualization refers to getting a fuller
understanding of the prototype of indigenization and
contextualization of Islamic law, which can be offered as a
contribution to the treasures of Islamic legal thought in
building social cohesion in populism religiosity, with the
strengthening of identity politics in the post-secular society
(Jeffrey, 2021).

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An analysis of the istiqra al-ma'nawy reasoning model
with indigenization and contextualization of Islamic law in
Indonesia will describe the thoughts of Hazairin and Hasbi Ash
Shiddiqiey as observed exemplars of Islamic legal thought,
considering the products of their legal thought have already
dominated “positivization” of Islamic law in Indonesia.
Therefore, this research will focus on two aspects, a descriptive
explanation of istiqra al-ma'nawiy Asy Syatibi's legal reasoning
and its utilization in Hazairin and Hasbi Ash Shiddiqiey's
thoughts.

Methods
This research applies a philosophical approach to library
research. and conceptualizes istiqra al-ma'nawy legal reasoning as
reasoning model with contextual characteristics, and then analyzes its
significance on religious moderation in Indonesia, primarily across
the spectrum of Islamic legal theory and customary law. This article
will be described based on meta-logic thinking, namely the
interpretation model, idealization, and holistic model, to measure the
extent of connectedness (correlation) between two factors, such as
istiqra' al-ma'nawiy legal reasoning with indigenization and
contextualization of Islamic law.
Natural law theory from the perspective of Islamic law and
customary law was used to analyze the data. The information comes
from a review of the literature on the study of law in Indonesia,
which includes dissertations, journals, articles, papers, and books.
The data analysis process begins with a description of Asy Syatibi's
legal thoughts on religious moderation in Indonesia. Using the
theoretical framework described above, this study focuses on legal
reasoning as a data source.

Result and Discussion

Reasoning Model of Istiqra Al-Ma’nawiy

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Istiqra' al-ma'nawy reasoning, also known as thematic induction,
is a reasoning method based on the text's coherence in responding to
human problems. Asy Syatibi formulates istiqra argument for three
reasons. First, istiqra al-ma’nawiy reasoning is desaigned to analyze
the relationship between the text's particularities (al-Qur'an and
Hadith) and Islam's universal objectictives in order to obtain
conclusive (qath'iy) and objective behavioral rules (Asy Syatibi, jilid 2
tt: 3).
Second, istiqra al-ma'nawiy is a reasoning model that connects
the joints of specific worship with broader universal Islamic topics
like humanity (ta'awun) and welfare (mashlahah) (Asy Syatibi, volume
3 tt: 221). Third, istiqra’ is a type of inductive reasoning that wants to
establish legal concepts through productive dialogue between text
and context (Asy Syatibi, vol. 3 tt: 228).
According to Asy Syatibi, the integration of the text and the
context is about more than just originality and theological validity; it
is also about how to formulate axiomatic legal principles that are not
only textually sound but also rooted in universal values, such as the
principle of legal certainty (Asy Syatibi, volume 3 yy: 37-38). 
Asy Syatibi's reasoning is therefore operationalized in five
stages. First, collect all the necessary topics about the problem to be
solved from the quran and hadith. Second, the selected texts on
specific topics are further elaborated in order to distinguish between
the initial objective (maqāṣid al-asliyah) and the derivative
objective (maqashid at-tabi'iyyah). Third, the separation between the
initial and derivative objectives is maintained by comprehensively
linking all of these objectives to the text, context, historical setting,
and the configuration ob subjet. Fourth, examine the collected data to
see if there are any similarities in ‘illat (causa efficient). Fifth,
summarize the universal and specific characteristics of each rule of
law that will be applied in specific cases. (Asy Syatibi, jilid 2 tt: 4).
Asy Syatibi defines maslahah as a legal objectives paradigm
(maqāsid al–syarīah).This paradigm must be formalized as an
axiomatic premise, especially when it comes to the formation and
application of law (Ouda, 2012). According to numerous textual
references, morality as a legal substance is closely related to justice,
social welfare, human dignity, and the preservation of human values.
Asy Syatibi criticized numerous fuqaha who isolated maslahah and
justice as a legal framework. Asy Syatibi believes this has resulted in
the incompatibility of legal formations with humanitarian issues.
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In the 11th century, al-Juwayni proposed maslahah and justice as
legal paradigms. He developed the concept of essential and primary
needs using maqāṣid theory. He identified five legal objectives
(maqāṣid) hierarchies, namely: essential needs (daruriyyah), primary
needs (al-hajah al-'āmah), abomination (al-makruhāt), and exhortation
(al-mandūbāt) (Ouda, 2012). Al-Ghazali also developed the
maslahah parameter, which consists of five legal concepts: protection
of belief (faith), soul, right to live (nafs), freedom of thought (aql),
hereditary rights (nasl), and protection of property (hifzh al-māl)
(Ouda, 2012: 4).
Asy Syatibi extended al-Juwayni and Al-Ghazali's theory by
formulating a more comprehensive parameter, declaring that
maslahah should be predicated on welfare or prosperity. This concept
encompasses the preservation of life for the human soul, the
guarantee of livelihoods, the guarantee of intellectual quality, the
guarantee of freedom of belief expression, and the rights of
heridatary. Maṣlaḥ ah consists of darūri or fundamental, hajiy or
primary, and hajiy or primary, taḥsīni or complementary (Ghazanfar
dan Islahi, 1997).
Maslahah is fundamentally composed of five elements aimed at
preserving human dignity and survival. This first element takes
precedence over the second, which takes precedence over the third,
and so on. According to Asy Syatibi, if a law formation and
application does not have welfare implications in accordance with the
framework of Shari'ah objectives, then the legal premise is invalid or
unoriginal because it is not in accordance with maqāsid al - Syar'a
(Felicitas, 2010).
In the meantime, Asy Syatibi's concept of istiqra al-ma'nawi
reasoning contributed to redefining the meaning of originality in
Islamic legal reasoning. If originality is determined using from the
Bayani knowledge system (textual), Asy Syatibi adds Burhani
knowledge parameters by illat (causa efficient) validation (tahqiq al-
manat) (Jaghim, 2009). According to Asy Syatibi, legal instructions are
preceded by two major elements: validation of efficient causes and
legal text references (Jaghim, 2009).
Asy Syatibi's reasoning model also contributes to shifting the
legal orientation away from just the use of legal texts and toward the
public prosperity. In the conventional reasoning model (istinbâth), the

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logical process by deduction and subsuming the structure of facts
into the structure norm of law. Whereas, maslahah requires a thematic
induction process before setting at deduction and subsumption
process, this is performed that the legal premise formed is an
axiomatic premise (Husainov, 2020).
The integration of text and context, validated through the tahqiq
al-manat, is the idealization design of “istiqra al-ma'nawy” reasoning.
Tahqiq al-manath or validation of ‘illat originate from manthiq to find
underlying cause that applies legal concepts to concrete cases.
Validasi kausa efisien (tahqīq al-manāth) merupakan mekanisme
penerapan hukum dengan terlebih dulu menyamakan karakteristik
dasar struktur fakta sebagai premis minor dengan struktur hukum
sebagai premis mayor universal (Taimiyah, 1398: 16).
According to Asy Syatibi, maslahah as a legal objective can be
achieved only with a specific major premise (qath'i), not an
assumption (zhanni).  At this point, all of the features and topics of
law must first be structured and abstracted from universal principles
(kulliyat). 
Asy Syatibi underlined that without referring to universal
principles, there would be no definitive and axiomatic legal premise.
The axiomatic major premise must start coming from the makkiyah
verses as the conceptual basis for Islam's universality, which must
then be synchronized or harmonized with the madaniyah verses, as
the specific principles in the verses on Islamic Law (Jaghim, 2009:
391). It's indeed sufficient to prove all of the presumptive legal
premises (zhanni) by logic proof (manthiq), basic scientific
assumptions (empirical), and the spirit of the holy quran (Asy Syatibi,
volume 1 tt: 3). This shows that Asy Syatibi expressly opposes the
interpretation of the law purely based on specific madaniyyah verses
without being verified by universal makkiyah verses.
In his reasoning, Asy Syatibi also introduces a holistic model,
namely a top-down (tanbīh al-a’lā alā al-adnā) abstraction of mutual,
universal, and specific texts to be predicted on to circumstance
structure. Bottom-up abstraction is indeed an abstraction of the
circumstance structure to further conclude the legal concept, which is
then confirmed by universal rules and relevant specific legal rules.
Bottom-up (tanbīh al-adnā alā al-a’lā) abstraction is an
extrapolation of case constructions that results to the Madaniyah
verses, Furthermore, universal rules (verses of Makkiyah) as well as

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relevant particular legal rules confirm the above (madaniyyah verses)
(Ibrahim, 2017).
Including this explanation, there are two critical stages in Ash
Syatibi's thematic induction. The first one is the restructuring of the
major premise, the formation of a major premise with a universal
axiomatic character induced by Tahqiq al-Manath from Makkiyah and
Madaniyyah verses. The second step is to predicate the Universal-
Axiomatical premise Major to facts.

Methodological Principles: Indigenization and Contextualization

of Islamic Law
The interpretation model contained in the methodical
principle of moderation must be explained first in order to
understand it. "Wasatiyyah" is the source of lexical moderation.
Wasatiyyah refers to several nuances of meaning, including justice or
balance (al-adl), achievement or excellence (al-fadl), the highest
goodness (al-adl al-khairiyyah), and interfacial/interlay (al-Bainiyyah)
(Al-Sallabi, 1999).
To see, an authentic interpretation of the meaning of the
sentence moderation is found blindly in the same lexical form in the
words of the Prophet Muhammad. There are at least four derivatives
of the root word wasãtiyah, namely al-wasãt-wasatan, al-wustã, awsãt,
and wasatna, which collectively mean balance or patterns. (Al-Sallabi,
1999).
Wasatiyyah, as a lexical form of Islamic moderation, is defined
by Wahbah Al-Zuhayli (2006) as a balance in belief, proportionality in
morality and character, and how to treat others in one socio-cultural
order. That is, the interpretation model of Islamic moderation returns
to two main features: the motivation for interpretation based on
balance and greater benefits to humanity.
The two main characteristics mentioned above are known
based on the basic assumptions contained in the objective of Islamic
law, namely the maslahah of the hierarchy of human needs, namely
Fathu Dharai '(Opening the Means) to achieve higher priority Islamic
maqãsid. If the impact of an attitude choice includes maslahah, then the
act is associated with a command that is required based on the level
of benefit (wãjib or sunnah). In way of comparison, if the impact of the
attitude choice causes damage, the act is prohibited at all levels
(harãm or makruh) (Auda, 2008).

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Consequently, the interpretation model of indigenization and
contextualization of Islamic law from Asy Syatibi perscpective based
on maslahah approach, The interpretation that seeks to put benefit as
the primary indicator in formulating a product of religious law, so
that its reading of the texts begins with inductive logic to investigate
the universal principles of the text to be deduced to a concrete case
structure. Asy Syatibi offers a distinctive interpretation model based
on maqãsid al-syariah and maslahah (Auda, 2008: 162-168).
The idealization model is the second methodological principle.
There is a dichotomous relationship between ideal elements and
particular elements in one-dimensional thinking that tends to be
binary opposition. Binary oppositional reasoning focuses on one
specific factor that has nothing to do with the universal factor of a
case. When understanding complex social reality with its various
influences, the dichotomous dialectical method shows the weakness
of this binary opposition (globalization and multiculturality). In one
of his studies, Rudolf Peters (1979) stated that the expansion of the
spectrum of exclusivism was driven by dichotomous dialectical
reasoning, so that he saw different schools of thought theologically as
opposed (Peters: 1979).
If there is a conflict between two legal objectives (ta’ārud al-
adīlah) involving socioeconomic and religious issues, the spectrum of
thinking becomes more complex, and the maqãshid syari'ah mazhab
can resolve it by using a priority scale on the text considering the
social conditions, it is not truly considered one text to be
contradictory to the context and then take a position to delay, silence
(mauquf), or nasikh-mansukh (Auda, 2008: 162-168).
The holistic model is the third methodical principle. The
principle of the holistic model appears in two conditions in ushul fiqh
reasoning. The first is a top-down abstraction-based holistic model
(tanbīh al-a’lā alā al-adnā). In this situation, texts on the same subject
are collected and predicted onto the fact structure. Second, the
holistic model is achieved through bottom-up abstraction (tanbīh al-
adnā alā al-a’lā), which is an in-depth abstraction of social phenomena
used to further draw a tentative legal conclusion, which is then
confirmed using universal rules derived from the text. law or other
authoritative legal sources (Ibrahim, 2017).

Istiqra' Reasoning on Hazairin and Hasbi Ash Shiddiqiey

Thoughts
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The thought of Islamic law in Indonesia cannot be separated
from  the socio-cultural context. This factor stimulates the
indigenization and contextualization of legal (Islamic) thought
(Lohlker, 2021). Among the responses to this awareness was the
presence of Indonesian fiqh, as represented by the thoughts of
Hazairin (1906-1975) and Hasbi ash-Shiddiqi (1904-1975M). Thoughts
on forming Indonesian fiqh as a form of indigenization and
contextualization of Islamic law. Looking at the meta-logic principles,
it is evident that both are greatly influenced by the application of
istiqra al-ma'nawy Asy Syatibi (Abu Bakar, 1989).
Asy Syatibi's reasoning has an impact on three basic models of
reasoning: the interpretation model, the idealization model, and the
holistic model. In the Indonesian cultural context, Hazairin's (1982)
concept of a substitute heir (māwali) provides a middle ground that
adheres to a bilateral inheritance system in a patrilineal inheritance
model that is applied deductively to the concept of Islamic Mawāris in
the Qur'an. Hazairin has been relatively successful in thoughtfully
implementing maslahah-based interpretations by discussing many
universal formulations about equal rights and equal status, which
have been the spirit of Q.S Al-Baqarah: 180, in the cultural context of
the bilateral kinship system used in those Indonesian regions.
Authenticity is the principle of legal idealization to be achieved
through Hazairin's thought. Hazairin's concept of authenticity refers
to the collection of legal arguments related to specific topics that are
semantically (lughāwiy) and historically connected (asbāb al-nuzul) to
be deduced in concrete cases in Indonesia. According to Hazairin, the
idealization of law through the authenticity of the proposition is an
attempt to avoid partial interpretation (Hazairin, 1982). As a result,
Hazairin encourages the reinterpretation of inheritance verses that
are linked to the cultural context (Ali, 1995).
Inductive qiyas (analogy), also known as qiyas ushul, is the
holistic principle of Hazairin's National Fiqh Thought (1982: 65). This
method is used for concrete cases that are intended to broaden the
scope of the Islamic Law, such as determining successor heirs
(mawāli). Meanwhile, deductive qiyas (analogy) is applied to
concrete cases where there are clear texts and is not intended to
broaden the scope of the Islamic law, such as in formal worship
(ibadah mahdah) that it is not renewals and modifications (Hazairin,
1982: 65)

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Based on the three principles stated above, it is evident that Asy
Syatibi's reasoning had a significant influence on Hazairin's thoughts.
Both of them reject the legislation's implementation in
particularly because it is inconsistent with Islam's principles of
authenticity and universality. The difference seems to be that,
Hazairin's reasoning, abandoning it to the ulil amri or legitimate
government. Meanwhile Asy Syatibi, legislation can only be done by
mujtahids because they understand the nuances of Islamic laws
(Jaghim, 2009).
The same reasoning building can be identified in its holistic
principle, which consists of integrating induction qiyas to investigate
the structure of particular cases relevant to legal concepts from the
Qur'an and Hadith. This demonstrates that Hazairin complies to Asy
Syatibi's burhani knowledge system, even with operational
differences in the scope and technical mechanism of interpretation.
(Hazairin, 1976). Hazairin has used legal anthropology method of
analysis to disconfirming Snouck Horgrounje's theory of customary
law reception. This becomes his intellectual capital to operationalize
inductive logic in Islamic Law so that the process of indigenization is
truly in harmony with the Indonesian cultural context.
Hazairin rejects Horgrounje's view that Islamic and customary
law are diametrically opposed. The ideal relationship between the
two, according to him, is analytic synthesis, in which the texts of the
Qur'an and Sunnah are collected collectively according to relevant
topics and then interpreted using an analytical synthetic approach
because they will be in dialogue with the structure of facts or social
reality. In this approach, the analytical term means that Islam regards
Revelation as a transcendental perspective, making it a source of a
priori knowledge. As a result, "revelation" is positioned as a
constructive element (former) of knowledge about reality. Revelation,
in other words, provides guidelines or preliminary information that
serves as the foundation for people's thoughts and actions (Junaedi,
2016).
In line with Hazairin, Hasbi ash-shiddiqi proposes a
harmonization of Islamic and customary law by focusing on
customary law ('urf) and maslahah as the primary axes for reconciling
text and context. According to Hasbi's interpretation above,
demonstrates the profound influence of Asy Syatibi's (Lukito, 2001).
A number of Hasbi's works on Islamic law, particularly those
discussing Shari'a objectives, are heavily based on Al-Muwāfaqat
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full name of first author, et al.
(Ash Shiddiqiey, 1975). Collaboration of two sources of law is
evidence of what Azra refers to as the process of indigenization and
contextualization of Islam (Ash Shiddiqiey, 1988).
Ash-shiddiqi differs from fiqh conventions (al-qawāid) that al-
aḥkām tadūru ma’a maṣāliḥ al-’ibād fa ḥaitsu ma wujidat al-maṣlaḥah fa
thamma ḥukm Allāh. Thus, where there is maslahah, there is God's law.
Ash-shiddiqi, on the other hand, maintained his puritanical viewpoint,
declaring that legal decision based on 'urf and maslahah
considerations only applies to mu'āmalah and does not apply to
'ibādah (formal worship) (Ash Shiddiqiey, 1975: 41).
This is reflected in Ash-shiddiqi's ideas about breastfeeding
banks (Bank ASI) and interfaith marriages. Ash-shiddiqi appears very
puritanical in these two products by opposing Muslim men marrying
musyrikah women who do not have a holy book (Ash Shiddiqiey,
2001). Similarly, Ash-shiddiqi has been relatively successful in
maintaining his puritanical thought with the ASI Bank by arguing
that mixing breast milk from different mothers is not lawful because
the legal implications will create legal confusion as to who the
breastfeeding mother is.
Indonesian fiqh, as defined by Ash-shiddiqi, not only brings
Islamic law to harmonize with the local traditions but also
reconstructs Islamic legal reasoning. He demonstrated this effort by
applying methodical principles in Asy Syatibi's reasoning,
particularly when studying the principle of ahkam al-khamsah. Ash-
shiddiqi argued that the meaning of ‘urf (customary law) is not ‘urf
that develops in the sphere of subjectivism school but it must be
considered with the maslahah paradigm. This is coherent with Asy
Syatibi's reasoning in istiqra al-ma’nawy, which places the legal
paradigm as an instrument for achieving prosperity at the qiblah of
legal reasoning (Asy Syatibi, Vol: 2, tt: 170).
Ash Shiddiqi legal reasoning concept can also be seen on his
ideas on broadening the scope of zakāt to include production
machines are an example of legal contextualization using the
maslahah interpretation principle (Ash Shiddiqiey, 1976). Ash Shiddiqi
historically refers to Umar bin Khattab's policy of collecting levies
from the Bani Taghlib in the form of security fees (jizyah) and
additional burdens on Christians. This is known as zakāt al-muda'afah
in the history of zakāt management. As a result, Ash Shiddiqi’s legal

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 The Title Article Journal …………
thought does not show to distinguish between zakāt and tax, and
even appears to equate them (Ash Shiddiqiey, 1976: 22-43).
The idealization principle of Islamic law, which interacts with
the principles of maslahah and justice, motivates Hasbi to
contextualize Islamic legal thought. Maslahah and justice are even
goals of Shari'ah, so legal products that do not promote welfare are not
legitimate in Islam's views. Asy Syatibi's with maqasid al-syari'ah
legal paradigm strongly influences the above viewpoint. The balance
between legal imposition (taklif) and legal justifivation (maslahah),
according to Hasbi perspective, is evidence of the maqasid al-syari'ah
paradigm based on maslahah (tahkim). This means that the imposition
of law must be in conversation with the context in which it is applied
(Ash Shiddiqiey, 1990).
Hasbi ash-Shiddiqi's idealized model of legal thought can also
be seen from his view of the need for a balance between legal
imposition (taklif) on the one hand and maslahah as a paradigm of
legal objectives. To achieve this balance, Hasbi ash-Shiddieqi
combines the bayani knowledge system (text) and the bi al-ra'yi
knowledge system (manthiq) (Rahmawati, 2014). Although it differs
from Asy Syatibi's efficient causal validation (tahqiq al-manat), the
influence of Asy Syatibi in the principle of legal idealization is clear
from the combination of text knowledge systems (bayani) and logic
(manthiq).
The relationship between bayani and manthiq reveals two
interesting aspects of Hasbi's reasoning, especially with regard to the
project of indigenizing Islamic law. Puritanism and contextualism are
the two contrasting viewpoints. Hasbi agrees with Asy Syatibi that
ritual worship is a matter of ta'abbudi, and that absolutes can only be
accepted obediently in accordance with the provisions of the
scriptures. While muamalah is a ta'aqquli concept about which
humans can reason (Asy Syatibi, tt). Hasbi is an Islamic legal
visionary who has been relatively successful in consolidating
puritanism on the one hand and contextualism on the other.
These two perspectives are currently related in a dichotomous
dialectical circumstance, so when they are placed dichotomously, a
clash happens, giving rise to religious exclusivity. Thus, the
prototype of indigenization and contextualization of Islamic law
based on the ideas of Hazairin and Hasbi ash-Shiddiqi is adat,
puritanism, and the dynamics of religious understanding and
attitudes. Meantime, Istiqra' reasoning has influenced the process by
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full name of first author, et al.
establishing maslahah as the paradigm of legal objectives and
thematic induction logic as the reasoning guidelines.

Conclusion
Based on previous description, it is reasonable to conclude that
the main characteristics of Islam's indigenization and
contextualization in Indonesia could be understood through two
terms: interpretation based on openness and theological orientation
based on benefit. Meanwhile, the methodical principle of
indigenization and contextualization of Islamic law is known through
three main principles: the interpretation model based on fath adz
dzara'iy (opening means), and maslahah. The idealization model is
based on the integration of text (manqulah) and context (ghair al-
manqulah). The holistic model is based on an emphasis on ethical
value stratification, which prioritizes the application of universal
needs on a priority scale compared to specific needs.
The integration and interconnection between anthropological
studies of the bilateral kinship system of most numerous ethnic
communities in Indonesia and the patrilineal inheritance system in
the Qur'an is the prototype of indigenization and contextualization of
Islamic law from Hazairin's thought. The way Hazairin constitutes
the universal values contained in the Islamic inheritance system
proves the use of istiqra al-ma'nawiy Asy Syatibi in his notion.
According to him, thematic induction is the most authentic way to
understand the universal concepts of axiomatic inheritance law.
The harmonization of two legal perspectives, namely
puritanism and contextualism, can be seen as the prototype of
indigenization and contextualization of Hasbi ash-legal Shiddiqi's
thought. Hasbi believed that it was necessary to distinguish between
sacred (ta'abbdudi) and profane (ta'aqquli) aspects. Puritanism and
contextualism will be difficult to reconcile in the absence of this
election, providing a basis for religious exclusivism to emerge. When
Hasbi explains the principle of legal balance in Islam, namely a
balance between legal imposition and law enforcement, the impact of
istiqra' reasoning it seems to be interconnected. Although the patterns
and tendencies are different, the influence of Istiqra' al Ma'nawi Asy
Syatibi's legal reasoning cannot be separated from the use of bayani
and mathiq knowledge systems.

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 The Title Article Journal …………
Indigenization and contextualization of Islamic law necessarily
require the interconnection of customary and Islamic law, as well as
puritanism and contextualism. One approach is to use maslahah as a
paradigm for the purpose of law and thematic induction logic as the
principle of reasoning.

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