From Classical Shafi'i Jurisprudence to Diverse Madhhab Perspectives: Shifting Literatures and Practices of Sharia Economic Law in Islamic Pesantren

Abstrak

Most┬ápesantrens are traditionally known for their strict adherence to the ShafiÔÇÖi school of thought. However, in recent years, many have actively engaged in economic and business activities that rely on legal contracts not necessarily rooted in ShafiÔÇÖi fiqh doctrine. This trend suggests a shift not only in the literature referenced within┬ápesantren┬ábut also in the practice of Islamic law, particularly in the realm of sharia economic law. This study aims to explore the transformation in the use of Islamic legal literature within┬ápesantrenand the factors contributing to this shift. Employing a qualitative research approach, this study gathers data through interviews with┬ápesantren┬áadministrators in Banyumas Regency. The findings are analyzed using a sociological framework, specifically Arnold M. RoseÔÇÖs theory of legal change. The results indicate a discernible shift in Islamic legal literature across┬ápesantren. While some institutions maintain a restricted scope of literature within their adopted┬ámadhhab, others adopt a more progressive stance by incorporating cross-madhhab┬áreferences. This shift aligns with the increasing involvement of┬ápesantren┬áin economic and business activities, necessitating legitimacy from a diverse range of Islamic legal opinions. Several key factors drive this transformation, including technological advancements that have reshaped economic transactions, increased external engagement and networking, and the emergence of a social movement led by the┬ápesantren┬ábusiness community advocating for financial independence. The┬ákiai┬áplays a crucial role in this legal transformation, serving as the ultimate authority in shaping the institutionÔÇÖs legal and economic direction. This study contributes to the existing discourse by offering new insights into the evolving dynamics of Islamic law within┬ápesantren, an area that remains relatively underexplored in academic research.