Islam and Modernity

Meeting 4
Islamic Family Law
 Human nature

 The times demand humans to change. The tools for

satisfying human needs are increasingly complex.
From this comes a statement that human rules must
be adapted to the times. Islam, which is predicted to
be able to solve all the problems of life, is no longer
acceptable. The reason is, Islam is considered only
suitable for the conditions when it was revealed,
namely in the 7th century AD in Arab lands. Islam is
forced to answer modernity.
 Every human activity has a unique motive, it is
considered to fulfill two basic impulses in humans. The
urge can be divided into two: needs and wants [2].
The impulses are given (alamiah). There were no
humans, from the time of Prophet Adam to the
present, who did not inherit this trait.

Needs is identical to the fulfillment of human biological

characteristics: eating, drinking, defecating and
breathing. Wants (desire) are synonymous with human
instincts: lust for power, desire for sexual intercourse,
urge to pray, and so on. These instincts are then
divided into three major [1]:
1. Self-defense instinct, an instinct that makes humans tend to be
powerful and do not want to be underestimated. For example, a
sense to win in debates, studying to get higher education and do not
want to be considered a fool.

2. The instinct to preserve offspring, namely the instinct

that makes humans tend to love others and like the
opposite sex. For example, women's love for men,
mother's love for children.

3. Religious instincts, namely instincts that make humans tend

to purify something, think of something more than themselves.
For example the urge in someone to pray when there is a threat
or someone who is compelled to idolize an artist.
These instincts and needs are inherent, which exist because of human existence
itself. So there is no human being without these two drives. Humans only live to fulfill
both of them, so no human activity is free from the motives of their needs and wants
[2].

 For example, people in the 21st century, drive a car or ride a

motorcycle to go to the office, and fill out electronic
attendance. But in essence, they are only looking for a bite of
rice, to fulfill their physical needs (in development, some are
to fulfill the demands of their lifestyle). This is not much
different from the nomadic humans who solved the food
problem only by consuming food sources from forests to
forests and from rivers to rivers. This need for food remains in
humans and has not changed throughout the ages.
 Islam and Modernity

Al-Qur'an is revealed with a declaration of the completeness of its

rules for human life as stated in An-Nahl verse 89:

 "And we have sent down this book to you to explain all things."

As authoritative truth, of course we cannot deny that Islam is

here to solve all problems. The question is, how can the
increasingly complex problems of human civilization be solved
with a holy book and a collection of sunnahs?
 Islam exists in general forms whose detailed laws are
extracted from the Al-Qur'an and al-Hadith. To solve new
things (science, technology, etc.) requires the ijtihad of
jurists (ahli fiqih) and scientists. In his book, Nidhom al-
Islam, Sheikh Taqiyuddin An-Nabhani states:

Adapun yang dimaksud dengan peraturan Islam, adalah hukum-hukum

syariat yang mengatur seluruh aspek kehidupan manusia. Peraturan
Islam mencakup seluruh aspek kehidupan. Hanya saja dalam bentuk-
bentuk yang umum (garis besar), dan dengan makna-makna (petunjuk)
yang umum pula. Sedangkan rinciannya dapat digali dari berbagai
makna-makna umum tadi tatkala menerapkan hukum-hukum tersebut.
Didalam Al-Quran dan Hadits Syarif telah terhimpun garis-garis besar,
yaitu mencakup berbagai keterangan umum untuk memecahkan
berbagai urusan manusia secara universal.[3]
 Islam views that the domain of human rule is divided into two.
First, which is obligatory to be bound by syara '. Second, Islam
allows human reason (akal manusia) to solve it.

 The first domain concerns matters that have been listed in the
Qur'an and sunnah: procedures for praying, Hajj, eating,
drinking, having sex with husband and wife, sharing
inheritance, appointing leaders, managing baitul maal,
managing ownership of natural resources, and etc. Islamic
rules in this area regulate - either directly or indirectly - things
that have become a determination for humans, namely the
existence of human needs and wants.
 Meanwhile, the second domain is identical with the type
"mubah". This domain concerns science and technology, an
area that is often associated with civilization. Humans are given
the broadest possible experimental climate. That spirit was
born from the hadith "you know more about your world
affairs" which the Prophet said regarding the technical
pollination of dates.

 what kind of intersection design is suitable for overcoming traffic

jams,
 what is the most efficient model of engine for a Boeing aircraft
wing,
 what foundation model is suitable for buildings in extreme
earthquake areas,
 what material is more important for the submarine body,
Those things are the matter of the experts: scientists, technicians, and
engineers, the truth of which can be extracted from the laboratory.
 Al-Qur'an and Sunnah are not present in the form of scientific
essays that can answer the challenges of science and
technology modernity. However, Al-Qur'an declared itself as a
book that contains irrefutable instructions for people who are
devout. Instructions on how to manage human needs and
wants. It is inconceivable if the Al-Qur'an contains hundreds of
thousands of scientific papers which are always updated every
day. The Qur'an will become so thick that it loses its easily
memorized nature! However, Al-Qur'an and sunnah are present
in order to color the human spirit in developing science and
technology: for what and how are the limitations of science and
technology development [3].
 Mohammad Natsir in his work "Islam dan akal Merdeka"
comments on this:
"These cases (science and technology) have various characteristics
and varies in number according to time and place. For all these
things, we are free to regulate it ourselves, as long as it is guarded,
had and the boundaries explained by Religion, do not be
violated ... "[4]

in the past, Rasul SAW never bothered about what war tactics
were used against the infidels. Because in fact, war technology
belongs to the realm of value-free ijtihad. The Apostles and
Friends used trench warfare tactics copied from the Persians
who were still worshiping fire. The post-Apostle generation is
also active in sending the country's best students to study
various war technologies to the entire world.
Islam answers the challenge

 Islam is "satisfied enough" to provide

guidelines for the first domain, a domain
that will not change over time. Humans
continue to have their needs and wants
driven at any time, which changes only
in the way and means of their
fulfillment.
 The enthusiasm to meet the needs of the human
stomach will not change at any time. Islam exists to
regulate how to eat according to the way of the
Prophet, what criteria for halal food, how to get this
food, and so on. Even with the instinctive needs and
desires of other humans. Islam also has rules on the
relationship between women and men, how to make
them both "meet" in a lawful way. Getting married is
the solution. He was a haqiqi wish that any human
being could not refuse. And various other Islamic
rules.
 technological developments only affect the
complexity of the way humans meet their
physical needs and instincts. Islam is
sufficient to be said to "regulate all things" -
as well as answer modernity - because it
regulates what will not change in humans.
Areas that become syara bonds 'are areas
where humans have qadha' (provision),
namely their needs and wants.
 [1] Tim Penysusun (2002) Materi Dasar Islam Universitas
Widyagama Malang. Forum Kajian Islam Mahasiswa Universitas
Widyagama Malang. Malang.
 [2] Siauw, Felix Y. (2010) Beyond the Inspiration. Khilafah Press.
Jakarta.
 [3] An-Nabhani, Taqiyuddin (1953) Peraturan Hidup dalam
Islam (judul asli: Nidhom Al Islam), Edisi Mu’tamadah (2001),
HTI Press: Jakarta. (halaman 113)
 [4] Natsir, Mohammad. Islam dan Akal Merdeka. Cetakan
pertama (2015) Sega Arsy: Bandung. (halaman 150