TEORI NASIKH-MANSUKH AL-QUR’AN SEBAGAI PEMBAHARUAN HUKUM ISLAM DALAM PEMIKIRAN ABDULLAHI AHMED AN-NA’IM DAN MUHAMMAD SYAHRUR

Abstract

The Qur’an as a source of Islamic law has an important role in the raising of theories of Islamic law as a method of interpretation. Among these theories, there is a theory of Nasikh-Mansukh. This theory is one of the several theories of interpretation that have introduced the classical Islamic jurists as a legal determination in the Qur’an. Most of the contemporary Islamic jurists sought to reconstruct the theory in order to develop Islamic law more relevant to the demands of the times. Among them are Abdullahi Ahmed An-Na’im and Muha} mmad Shahrur. An- Na’im theory of Nasikh Mansukh is to elimination Madaniyyah verses with Makkiyah verses, while Shahrur theory of Nasikh-Mansukh is the elimination of the previous shari’ah to be replaced by the shari’ah of the Prophet Muhammad. The ir ideas, has different implications to the Islamic law. implications of An-Na’im’s theory emphasizes gender equality and religious equality before the law, while Shahrur’s theory has wider implications than the theory of an-Na’im above. In other words, is has implications for the Islamic law that is more responsive to punishment, family law, marital law, the protection of life (murder punishment), and so forth.