The Multicultural Fiqh Paradigm: Building Tolerance and Justice Amidst Indonesia's Cultural Diversity

Abstract

The Quran teaches that humans were created with diverse ethnic and cultural differences so that they could get to know one another. This demonstrates that Islamic teachings fundamentally invite all humanity to achieve common ideals within the framework of human unity, without distinction of race, skin color, ethnicity, culture, or religion. However, when this universalistic idea of the Quran is implemented in the form of Islamic jurisprudence (fiqh), in reality, fiqh often faces truth claims put forward by adherents of various schools of jurisprudence. As a result, a paradox arises between the local-particular truth claims of fiqh and the universal and substantive teachings of the Quran. These truth claims have the potential to give rise to conflict and violence between groups with differing understandings of fiqh. Therefore, it is crucial to develop a formulation of Islamic jurisprudence based on the principles of multiculturalism, which recognizes differences and places them within a framework of equality and tolerance. The discussion in this article concludes that multicultural Islamic jurisprudence must be built on the principle of mashlahah using the maqâshid al-syarî’ah approach. Consequently, universal values in the Qur’an are viewed as substantive and more important than local or particular values. With the maqâshid al-syarî’ah approach, values such as justice, benefit, equality, wisdom, and compassion become the primary principles that serve as sources and inspiration when the Qur’an establishes specific legal provisions in a given case.