Abdullah Ahmed An-Naim Islamic Legal Thinking “Deconstruction Syariah”

Abstract

This article discusses the Islamic Legal Thought of Abdullah Ahmed An-Naim "Deconstruction of Sharia". The research used by the compiler is library research, which is research whose studies are carried out by tracing and examining literature or written sources related to the subject matter (research focused on library materials). The results showed An-Naim, born in Sudan in 1946 who is more familiarly called An-na`im, Na'im completed his undergraduate education at the University of Khartoum Sudan and received an LL.B degree cum laude. Three years later (1973) An-Na'im received three degrees at once LL.B., LL.M., and M.A. (diploma in criminology) from the University of Cambridge, English. In 1976, he received his Ph.D., in law from the University of Edinburgh, Scotland, with a dissertation on the comparison of criminal pre-trial procedures (English, Scottish, American, and Sudanese law).

 As for An-Naim's thinking on the deconstruction of sharia; Sharia as a historical product, Madaniyah Historical Sharia, Makiyyah Modern Sharia, Nasakh as a modern methodology. It seems clear that an-Na "im does not use a secular approach in building Islamic legal methodology, as he is often accused of, but still makes al- Qur "an and as-Sunnah as the primary source in extracting Islamic law. This can be seen from the concept of ijtihad that he built with the naskh method. The difference is that traditional scholars interpret naskh with the elimination of the legal content of the verse of the Qur'an forever, and the verse that was later revealed canceled the verse that was revealed first with the term Madaniyyah verse erasing the Makkiyyah verse. In contrast to that, An-Na'im interprets naskh as the postponement of Qur'anic verses that are not relevant to a particular social context, and will be able to return to apply at other times and social contexts when the verse is needed. Thus it is clear that the criteria for nasikh mansukh is which verse is better, not which verse was revealed first.

The thinking of Abdullah Ahmad An Naim offers a bold and controversial view of how Islamic law can adapt to the modern world. Through his approach that prioritizes human rights and the concept of a secular state, An Naim encourages important debates about the application of Islamic law in contemporary society.