METODE ISTINBATH PEMIKIRAN IBNU QAYYIM TERHADAP PERUBAHAN HUKUM

Abstract

The universality and adaptability of Islamic law are evident in its enduring relevance across geographical boundaries and historical epochs. Islamic jurisprudence, rooted in the Quran and Hadis, has the capacity to address contemporary challenges, but opinions on its adaptability diverge. Some argue for its immutability due to its divine nature, while others emphasize its capacity to evolve in response to changing societal dynamics. Ibnu Qayyim al-Jauziyah, a prominent Hanbali jurist, introduced a theory of legal change based on five key factors: time, place, circumstances, intentions, and customs. He emphasized that Islamic law must serve justice, benefit, and virtue, adapting to contextual realities. Modern challenges, such as financial practices like interest and insurance, along with social issues like women's emancipation, highlight the need for ijtihad, or independent legal reasoning, to ensure Islamic law's continued relevance. The dynamic nature of society demands that Islamic jurisprudence be responsive to changing conditions while adhering to its foundational principles based on the Quran and Sunnah. Ibnu Qayyim's critical thinking on legal change remains pertinent today, emphasizing the importance of serious ijtihad efforts to make Islamic law more flexible and applicable to contemporary contexts, ultimately contributing positively to society at large.