Dialectics of Custom and Sharia in the Indonesian Tafsir Book: Qualitative Content Analysis of the Legal Categories of Tafsir

Abstract

Given the diverse and dynamic nature of custom, but being a subject that participates in the process of law formation, side by side with limited (static) but universal sharia, Islamic laws in the Qur'an related to polygamy, usury, and jihad, were chosen in this study to be investigated, whether they are included in sharia or only as customs that are not prescribed by law, by looking at how Indonesian interpreters decide them in their interpretations. The aim is to describe the application of customary theory as a measure in the context of Indonesian interpretation. This study uses a qualitative type with the Content Analysis method. Data collection was carried out through literature studies, and analyzed by following the stages of Philipp Mayring: 1) Determination of initial legal categories based on theory, 2) Data Coding and Extraction, 3) Data Classification and Reduction, and 4) Contextual Interpretation. The results of the study show that Indonesian interpreters evaluate, adjust and actualize sharia, based on developing customs. The academic contribution of this research lies in “custom as a measure” which is positioned as an evaluator, legal adjuster (takyīf) and legal actualizer (tanzīl). In the practical dimension, the research results can be applied in everyday life, or for research purposes.