CORAK PEMBARUAN PEMIKIRAN HUKUM ISLAM DALAM KONSEP “FIQH SOSIAL” K.H SAHAL MAHFUDH

The social fiqh K.H Sahal Mahfudh is a thought that was born from pesantren tradition. Social fiqh in fact is projected to redesign the stagnated fiqh in pesantren with the nuances of madzhabi fiqh which are considered less responsive to social problems, and to counter-discourse a "going too far" Islamic law contextuality. This paper will examine the Islamic legal thought of K.H Sahal Mahfudh social fiqh regarding the applied epistemology and style of thought. Thepurposes of this research are to obtain the clarity on the concept of K.H Sahal Mahfudh’s Islamic legal paradigm including its background of thought and epistemology. Supported by library research, the gathered information was analyzed with the hermeneutic approachThis research found that the KH Sahal Mahfudh’s Islamic legal thought is built from two interrelated epistemological reasoning. Firstly, Bayani reasoning which favors textuality. Secondly, Burhani reasoning as the rationality of two school of thoughts, namely Syafi'iyyah and Maliki. K.H Sahal Mahfudh tried to reconcile the authenticity of the text with social reality by extensifying fiqh, elaborating the traditions of Islamic science (fiqh and ushul fiqh) using maqashid reasoning.Abstrak: Fiqh sosial pemikiran K.H Sahal Mahfudh merupakan pemikiran yang lahir dari khazanah tradisi pesantren. Fiqh sosial nyatanya memiliki proyeksi menggagas ulang kejumudan fiqh di kalangan pesantren dengan nuansa fiqh madzhabi yang dianggap kurang begitu menjawab permasalahan sosial. Sekaligus counter-discourse proyeksi kontekstualisasi hukum Islam yang “kebablasan.” Tulisan ini bertujuan meneliti pemikiran hukum Islam Fiqh Sosial K.H Sahal Mahfudh berkenaan epis­temologi dan corak pemikiran yang digunakan. Penelitian ini bertujuan: mendapat­kan kejelasan konsep paradigma hukum Islam K.H Sahal Mahfudh; mengetahui gagasan konsepsi fiqh sosial K.H Sahal Mahfudh; mengetahui latar belakang pemikiran dan epistemologi K.H Sahal Mahfudh. Metodologi yang digunakan antara lain: pengumpulan data dengan jenis penelitian kepustakaan (library research); analisis data yang digunakan yaitu analisa data kualitatif dengan analisa data deskriptif interpretatif, yang bertumpu pada titik tolak hermeneutik, Sebuah cara pendekatan yang melihat secara tajam latar belakang obyek penelitian. Hasil penelitian ini menunjukkan bahwa corak pemikiran hukum Islam K.H Sahal Mahfudh terbangun dari dua nalar epistemologi yang saling berkaitan yakni nalar Bayani yang berpihak pada tekstualitas dan Burhani dengan sisi rasionalitas dari dua kubu pemikiran antara Imam Syafi’i beserta para pengikutnya (Syafi’iyyah) dan Imam As-Syatibi (yang berhaluan Maliki). K.H Sahal Mahfudh mencoba mendamaikan otentisitas teks dengan realitas sosial dengan cara melakukan ekstensifikasi fiqh, yakni mengelaborasikan tradisi ilmu keislaman (fiqh dan ushul fiqh) menggunakan nalar maqashid.

The Epistemology of Fake News

This volume consists of a series of essays on the epistemology of fake news, written by leading philosophers. The epistemology of fake news is a branch of applied epistemology, and an exercise in non-ideal epistemology. It provides insight into the nature and spread of misinformation, fake news, conspiratorial thinking, echo chambers, epistemic pathologies in the formation of public opinion, and the relation between epistemic ideals and fake news. The volume is arranged into three parts. The chapters in Part I are concerned with the meaning of ‘fake news’ and related notions such as ‘conspiracy theory’ as well as with the novelty of the phenomenon of fake news. This part also addresses the question whether ‘fake news’ and related notions can be properly used within science. Part II discusses various practices that generate fake news, promote its spread, or are purported to do so. These practices include science denialism, Google algorithms, democratic ideals, vice in experts, and unreliable echo chambers. Part III explores potential therapies for fake news. Authors’ proposals include developing the virtue of epistemic trustworthiness, abstaining from news, and developing good epistemic practices.

Applied Epistemology

In this chapter, Jennifer Lackey shows how applied epistemology brings the tools of contemporary epistemology to bear on particular issues of social concern. While the field of social epistemology has flourished in recent years, there has been far less work on how theories of knowledge, justification, and evidence may be applied to concrete questions, especially those of ethical and political significance. Lackey highlights the seven areas that will be the focus of the volume: epistemological perspectives; epistemic and doxastic wrongs; epistemology and injustice; epistemology, race, and the academy; epistemology and feminist perspectives; epistemology and sexual consent; and epistemology and the internet. She then offers a brief overview of each chapter.

Applied Epistemology

Applied epistemology brings the tools of contemporary epistemology to bear on particular issues of social concern. While the field of social epistemology has flourished in recent years, there has been far less work done on how theories of knowledge, justification, and evidence may be applied to concrete questions, especially those of ethical and political significance. The present volume fills this gap in the current literature by bringing together essays from leading philosophers in a broad range of areas in applied epistemology. The potential topics in applied epistemology are many and diverse, and this volume focuses on seven central issues, some of which are general, while others are far more specific: epistemological perspectives; epistemic and doxastic wrongs; epistemology and injustice; epistemology, race, and the academy; epistemology and feminist perspectives; epistemology and sexual consent; and epistemology and the internet. Some of the chapters in this volume contribute to, and further develop, areas in social epistemology that are already active, and others open up entirely new avenues of research. All of the contributions aim to make clear the relevance, and importance, of epistemology to some of the most pressing social and political questions facing us as agents in the world.

Prejudice from an Epistemological Point of View

The book’s opening chapter begins by providing a working definition of prejudice in terms of negatively charged stereotypes targeting some group of people, and derivatively, the individuals who comprise this group. It then turns to situating this approach in the larger landscape of contemporary epistemological theory. The study of prejudiced belief falls within the ambit of social epistemology. It should also, it is argued, be considered as a form of situated, applied epistemology. As such, it is recognizably a contribution to “non-ideal epistemology” (a notion to be further elaborated in chapter 3): non-ideal epistemology aims to provide normative guidelines for decision-making under uncertainty. Currently popular “externalist” approaches to epistemology are of no help here. But at the same time, non-ideal epistemology is also not “internalist,” since it routinely holds what we are responsible to a broader subset of the total evidence than is currently in our possession.

Epistemic Dependence and Oppression: A Telling Relationship

Epistemic dependence refers to our social mechanisms of reliance in practices of knowledge production. Epistemic oppression concerns persistent and unwarranted exclusions from those practices. This article examines the relationship between these two frameworks and demonstrates that attending to their relationship is a fruitful practice for applied epistemology. Paying attention to relations of epistemic dependence and how exclusive they are can help us track epistemically oppressive practices. In order to show this, I introduce a taxonomy of epistemic dependence (interpersonal – communal – structural). I argue that this particular taxonomy is useful for tracking epistemically oppressive practices in institutional contexts. This is because, first, the forms of epistemic dependence in this taxonomy yield, what I call, diagnostic questions. These are questions that help us track how relations of epistemic dependence could become exclusive and that thus help reveal epistemic oppression in institutional contexts. Second, the forms of epistemic dependence in the taxonomy are interrelated. Paying attention not just to each of three forms of epistemic dependence but also to the way in which they are interrelated is useful for illuminating epistemically oppressive practices. I conclude by demonstrating how the diagnostic questions can be used in analyses of concrete institutional practices in asylum law and higher education.

Sources and citizens: An essay in applied epistemology

How should pupils use the internet to learn? This essay sets up two modes of using online sources, reading for information and reading for evidence, and evaluates their value for schools. The former is well known; pupils decide whether the source is telling the truth or not. The latter is more familiar in advanced historical investigation, namely deciding what this source’s utterance means for the question in hand. One of these simply hands pupils information. The other requires them to understand what they are reading. It is argued that an education that only involves one of these cultivates passive pupils who are unable to adjust their own attention or listen to minority reports in science. Only when pupils also investigate primary sources will they experience developing their own knowledge, and believe in education.