Otoritas Hirarki Kutub Al-sittah Dan Kemandegan Kajian Fikih

Abstract

: The Authority of Kutub al-Sittah Hierarchy and the Stagnant of Fiqh Studies. This paper tries to map predicaments that contributed to fiqh studies that had been claimed to be stagnant at least by a few Islamic legal scholars. The authority of Kutub al-Sittah hierarchy, in fact, has become an important problem that restricted the learned scientific community or ulama to practice ijtihad. This stemmed from the limitation of the hadits books use at the highest level. The so called Kutub al-Sittah should be properly signified as fiqh book. According to the author, this makes Kutub al-Sittah seems to be resistant to criticism, due to the sacred and intrinsic dimension in it. Therefore, it is urgent that understanding the argument of Traditions which are relevant and in line with the social dynamics should be contextualized. He also maintains that legal deduction of the text of the Traditions does not necessarily overrule the principle values of the text as a foundation for the maslahat concept. In addition, the argues that the authority of the study of Islamic jurisprudence is closely related to the normative values of the text, but nonetheless such norms could not be directly applied to the real life