Introduction

Social Fiqh has become a fairly common topic, both among academics in institutions and in Islamic boarding schools.[1] The discourse on Social Fiqh in Indonesia was initiated by two renowned scholars of the archipelago, namely Kiai Ali Yafie in his work “Social Fiqh: from Environmental Issues, Insurance to Brotherhood” and Kiai Sahal Mahfudh in “The Nuances of Social Fiqh.” Although there are differences in the concepts proposed by Kiai Ali Yafie and Kiai Sahal Mahfudh, both share the similarity that fiqh should be understood comprehensively, contextually, and methodologically.[2] The terminology of social fiqh in both of their works is also a stance and response to social and cultural issues in Indonesia. Although the terminology used by both is the same, there are differences between them. If Social Fiqh is understood merely as a terminology, it would certainly indicate that its study is oriented solely towards fiqh. On the other hand, understanding Social Fiqh as a methodology allows the scope of its study to broaden.[3] In this article, the author will only focus the discussion on the discourse or concept of Social Fiqh by Kiai Sahal Mahfudh. Through Social Fiqh, Kiai Sahal Mahfudh presents a fairly interesting topic to discuss, namely the legalization of family planning (KB) in Indonesia.

One of the legal bases he used is a hadith narrated by Imam al-Shafi’i from Ibn ‘Umar, which at first glance conveys the understanding of the recommendation to have many offspring. This is because having many children is considered a source of pride, not only in this world but also on the Day of Judgment. The large number of offspring produced by the followers of Muhammad, peace be upon him, has implications on the percentage of Muslims on the Day of Judgment, which is regarded as a matter of pride.[4] However, Kiai Sahal has a different opinion regarding this hadith. Kiai Sahal Mahfudh's interpretation of the hadith does not focus solely on its wording or a literal understanding, but he sees that there is another meaning contained in the hadith. He holds the view that increasing offspring is not just a matter of quantity, but also of high quality.[5]

Based on the brief explanation above, the development of Kiai Sahal Mahfudh's Social Fiqh studies lies within the framework of fiqh, which is a product of law. As in the study conducted by Reza Fauzi Nazar (2021) entitled "Patterns of Renewal in Islamic Legal Thought in the Concept of KH. Sahal Mahfudh's Social Fiqh," which explains the background of Kiai Sahal Mahfudh's Social Fiqh ideas. Furthermore, in his article, Reza also methodologically elaborates on the pattern of Kiai Sahal Mahfudh's thinking in his Social Fiqh, finding that Kiai Sahal Mahfudh's Islamic legal thought is built upon two interrelated epistemological rationales: the Bayani rationale, which favors textuality, and the Burhani rationale, which emphasizes rationality from the two schools of thought between Imam Syafi’i and his followers (Syafi’iyyah) and Imam As-Syatibi (of the Maliki school). Kiai Sahal Mahfudh tried to reconcile the authenticity of the text with social reality by carrying out the extensification of fiqh, namely elaborating the tradition of Islamic knowledge (fiqh and ushul fiqh) using the reasoning of maqasid.

Next, Senata Adi Prasetia et al. in their article entitled, “Social Intelligence in Islamic Education: Analysis of the Social Jurisprudence Ideas of KH. MA. Sahal Mahfudh” (2023) explains the development of social intelligence in Islamic education and its relevance in the contemporary era from the perspective of KH. Sahal Mahfudh. KH. MA. Sahal Mahfudh’s ideas of social jurisprudence serve as the main foundation for developing students' social intelligence. Social intelligence is one of the indicators of achieving learning objectives, where the level of social intelligence is directly proportional to the success of the learning process. Based on the two articles mentioned above, the research to be conducted by the author shows differences from previous studies. This is because, in the first article, the focus of the study is Islamic law viewed through the lens of Kiai Sahal’s social jurisprudence. Meanwhile, the second study attempts to explain social intelligence from the perspective of Kiai Sahal's social fiqh. Furthermore, this study is an effort to elaborate on Kiai Sahal's social fiqh concept into the interpretation of hadith.

Method

Descriptive research aims to produce a clear and accurate depiction of a certain situation. It can also be intended to identify the main factors of a problem that will later become the subject of study. Description in research is used to solve existing problems by outlining the issue, followed by its resolution. The goal is to gain new insights in investigating the problem through the description, allowing for a more efficient solution.

Results and Discussion

A. Biography of Kiai Sahal

Kiai Sahal Mahfudh (hereinafter referred to as Kiai Sahal) full name Muhammad Ahmad Sahal bin Mahfudh bin Abdussalam. There is a difference of opinion regarding his date of birth, because according to his identity card, he was born on December 17, 1937. However, there is a record stating that his actual date of birth is February 16, 1933. This information has not been widely published, as it was only discovered two years before Kiai Sahal's death, so the commonly known date of birth is December 17, 1937. He was the third of six siblings from the couple Mahfudh (d. 1944) and Badi’ah (d. 1945). His father, Kiai Mahfudh, was a cleric whose influence was quite significant for the village community of Kajen in his time. He was not just a religious teacher who, as is commonly understood today, simply gave lectures or led religious studies in the mosque and taught in classes or Islamic boarding schools. He, Kiai Mahfudh, was also a respected community figure, as he was a fighter who resisted the Dutch to the very last drop of blood.[6]

His relationship with the surrounding community was one of the things that inspired Kiai Sahal. Although he was only under his father’s care for less than 15 years, Kiai Sahal retained his life experiences with his father very well. Kiai Mahfudh passed away when Kiai Sahal was 11 years old, assuming he was born in 1933. After that, he was raised by his uncle, Abdullah Zain Salam (d. 2001), who was also a scholar in the village of Kajen. Kiai Abdullah Zain Salam, commonly known as Mbah Dullah by the local people, was a person deeply concerned with the welfare of the community. He was known as an expert in the Qur’an and Sufism, as well as a person with a highly social spirit. Everything he did carried a transcendental value, not just material. These two figures then passed on noble and steadfast character to Kiai Sahal.[7]

Since childhood, Kiai Sahal grew up and developed in an environment rich in academic elements. It is not surprising that he possesses a high intellectual awareness, which deepened further through his intellectual journey across various regions in pursuit of knowledge. His intellectual passion drove him to explore many Islamic boarding schools and study and deepen various disciplines, after completing his education at the Mathali’ul Falah Islamic School (PIM). He completed his education at the Madrasah Ibtidaiyah level, equivalent to elementary school, in 1949, and at the Madrasah Tsanawiyah level, equivalent to junior high school, in 1953.[8]

The first pesantren he attended was located in Benda, Pare, Kediri, under the guidance of Kiai Muhajir. There, he did not study under just one kiai, considering the many learned kiais in their respective fields who also lived in that area. Although he spent much of his daily life and lived in Benda, he also once studied or sought knowledge from Kiai Ma’ruf of Kedonglo. Kiai Ma’ruf Kedonglo was a distinguished scholar of his time, and today Kiai Ma’ruf and his children are known for their practice of Shalawat Wahidiyyah.[9] However, Kiai Sahal revealed that at that time, the Wahidiyyah prayer had not yet become a widespread practice as it is known today. His time studying in Kediri perhaps marked the first phase of his intellectual career or journey. At that time, Kiai Sahal was entering adolescence, a phase in which his hunger for knowledge burned like fire. Furthermore, there he also had a lot of interactions with the local community, who were predominantly activists of the Indonesian Communist Party (PKI). In Benda, Kiai Sahal studied Sufism and fiqh, as well as several books such as Ihya’ ‘Ulum al-Din, al-Mahalli, Fath al-Wahhab, Fath al-Mu’in, al-Bajuri, Taqrib, Sullam al-Taufiq, Sullam al-Safinah, Sullam al-Munajah, and other smaller works. In addition, he was also active in conducting small study circles with senior peers. The reference books he studied were in Arabic, yet this by no means made Kiai Sahal feel satisfied.

During his time in Kediri, Kiai Sahal also studied and took English courses. This demonstrates his openness to knowledge and his progressive thinking at that time, as he had already realized the need to master foreign languages. After leaving Kediri, from 1957 to 1960, he continued his studies at Sarang, Rembang, under the guidance of Kiai Zubair, the father of Kiai Maimoen Zubair. Kiai Zubair was a well-known scholar of ushul fiqh who also influenced Kiai Sahal in various aspects. Under Kiai Zubair's guidance, Kiai Sahal studied ushul fiqh, qawa’id fiqhiyyah, and balaghah. In addition to learning from Kiai Zubair, in Sarang Kiai Sahal also studied al-Hikam with Kiai Ahmad. The books studied in Sarang included Jam’u al-Jawami’ and ‘Uqud al-Juman, Lubab al-Nuqul, Manhaj Zawi al-Nazar by Sheikh Mahfudh Termas, as well as Tafsir al-Baidawi, although he did not complete it, and other books. It was also in Sarang that his brilliance began to emerge, as seen from several of his works written while he was still a student in Sarang, all of which were in Arabic. Because of this, many of Kiai Sahal's legacies are writings in Arabic (books), one of which is Tariqah al-Husul ‘ala Gayah al-Wusul.[10]

Then, in the mid-1960s, Kiai Sahal studied in Mecca under the guidance of Sheikh Yasin al-Fadani directly while performing the Hajj after having established interaction through correspondence. The correspondence between Kiai Sahal and Sheikh Yasin al-Fadani began when he was studying in Sarang. Through this correspondence, Kiai Sahal became a student of Sheikh Yasin al-Fadani, who resided in Saudi Arabia. At that time, performing Hajj, which took a long time, provided an opportunity for Kiai Sahal to meet Sheikh Yasin al-Fadani in person, who had a significant influence on Kiai Sahal's intellectuality and legitimized his intellectual capacity. Therefore, it is not surprising that Kiai Sahal later became part of the Indonesian scholars whose thoughts were highly regarded. In 1968/1969, he married Nafisah, the first daughter of Kiai Fattah from Jombang, East Java. He was blessed with a son named Muhammad Abdul Ghaffar Rozin.

There are two factors that influenced Kiai Sahal's thinking. First is his family, in this case referring to Kiai Mahfudh and Kiai Abdullah Zain Salam, both of whom were individuals with a high concern for society. Second is from an intellectual perspective, Kiai Sahal was greatly influenced by the thoughts of Imam Ghazali. In his various writings, it is evident that Kiai Sahal frequently quoted Imam Ghazali's ideas. During his time studying at the pesantren, Kiai Sahal interacted with people from all walks of life, both commoners and the elite, which ultimately influenced his thinking. After leaving the pesantren, he became active in various community organizations. The combination of experiences in the pesantren and in these organizations is what Kiai Sahal implemented in his various thoughts.

The term 'kiai' is usually given to the caretaker of a pesantren. Kiai Sahal also had a pesantren under his care named Maslakul Huda in his birthplace, Kajen, Margoyoso, Pati. This pesantren was originally founded by his father, Kiai Mahfudh, in 1910. As the caretaker of the pesantren, which means the highest authoritative figure, Kiai Sahal was someone who brought many breakthroughs to traditional thought and the conservatism of Nahdhatul Ulama (NU). These breakthroughs are evident from his prominent democratic attitude and how he encouraged the independence of the surrounding community by advancing the lives of people around his pesantren through the development of education, economy, and health. Beyond his own pesantren, Kiai Sahal also showed care and attention to the surrounding area. This is reflected in his role as an NGO activist with a high concern for the problems of the small communities around him.

His role in organizations was also very significant, evidenced by his two terms as Rais Aam Syuriah of the Nahdlatul Ulama Central Board (PBNU) from 1999 to 2009. Likewise, he served as the Chairman of the Indonesian Ulema Council (MUI) for the 2000-2005 term and was then re-elected at the 7th MUI National Conference (Munas) on July 28, 2005, for his second term, serving from 2005 to 2010. In addition, he also held a leadership position at the Islamic school where he studied in the village of Kajen, namely the Mathali’ul Falah Islamic School (PIM), until his passing on January 24, 2014.

Kiai Sahal was a Kiai and also an intellectual whose thoughts, at that time, were ahead of his era. He not only conveyed his ideas through expressions but also through written works, considering he was a prolific writer, as evidenced by many of his papers and notes. However, not all of them were printed and published as books, so much of his writing remained private documents. Among his published works are Nuansa Fiqh Sosial, Tariqah al-Husul ‘ala Gayah al-Wusul, Bayan al-Mulamma’ ‘an Alfaz al-Luma’, Anwar al-Basair ‘ala al-Asybah wa Nazair, Fayd al-H}ija ‘an Nayl al-Raja, and others.

B. The Social Jurisprudence of Kiai Sahal

Fiqh, as the most practical guide to life in Islam, discusses four main aspects of human life. The first is ubudiyyah, which deals with the transcendental relationship between humans and their God. The other three concern aspects of life that have a direct correlation with material and social worldly life, namely mu’amalah (civil relations), munakahah (marriage), and jinayah (criminal law). [11] If the ideal goal mentioned above has not been achieved, it is certain that there is an imbalance in practice. This means that society has abandoned fiqh as a guide for their overall life, or they do not understand its entirety, depending on their educational background and environment. Whatever the case, this is a result of society's lack of understanding of fiqh. It must be acknowledged that those responsible for the emergence of this condition are religious scholars who have been unable to communicate the expected ideal conditions, which of course can be realized through fiqh.[12]

It is not easy considering that the mindset and non-fiqh behavior patterns are already deeply rooted in society. This is what Kiai Sahal tried to find a solution for. Although he lived in a small remote village, Kajen, Kiai Sahal seemed to face a real challenge within the community. It was this challenge that motivated Kiai Sahal to explore and seek a bridge of fiqh civilization in order to address societal problems in a progressive and transformative manner. For Kiai Sahal, Social Fiqh places more emphasis on the aspect of public welfare (masalih al-‘ammah). Wherever there is maslahah, there lies the practice of Social Fiqh. In determining welfare, there are five primary foundations, namely: al-daruriyyat al-khamsah, which are a.) safeguarding religion (hifz al-din); b.) safeguarding reason/intellect (hifz al-‘aql); c.) safeguarding life (hifz al-nafs); d.) safeguarding wealth (hifz al-mal); and e.) preserving offspring (hifz al-nasl). Then, Kiai Sahal added one additional point, which is protecting the environment (hifz al-bi’ah).[13]

According to Kiai Sahal, the public's understanding of fiqh is still limited and superficial. In fact, fiqh should be understood broadly and comprehensively. The community referred to here is not only the general public but also those who feel capable of understanding fiqh correctly, often including people from pesantren backgrounds. The burden and responsibility for this second group are certainly greater due to how they should position fiqh. Is it merely a codification or compilation of Islamic law? They consider fiqh as something fixed, rigid, and stagnant, which leads them to the assumption that fiqh is as authoritative and sacred as the Qur'an or Hadith. This perspective is not only disproportionate for fiqh itself but also diminishes the status of Allah's word and the Sunnah of the Prophet ﷺ as sources of completely universal law.[13]

Seeing fiqh only as something sacred is also an unwise action. Such an approach represents a denial of historical reality, namely the fact that in its early development there were many versions of fiqh. Thus, it is clear that any effort made to develop fiqh requires those involved to have an understanding of its bidimensional nature—the dimensions of sacredness and worldly aspects. The view and placement of these two dimensions must be done proportionally so that the development of fiqh truly aligns with its original character. Fiqh should not become a wild product detached from divine guidance, while at the same time, it should not become a product of thought that loses its flexibility. Therefore, both theological and ethical factors must serve as the basis of consideration and be an integral part of developing fiqh, alongside, of course, the factors of societal change itself.[14]

In addition to the issues mentioned above, there is also another weakness of fiqh, namely its formalistic nature. This characteristic sometimes makes fiqh not aligned with the realities of practical life. One example is zakat, which is actually intended to create socio-economic justice, but is only understood as an obligation for the muzakki (the person required to pay zakat) to pay zakat at a certain threshold.[15] Formalistic fiqh never questions why a law is established, and for whose interest. The main concern of formalistic fiqh is that a legal thought, in any case, can be justified formally within the wording of a particular text (nas) without questioning whether the law in its historical reality touches the interests of a group of people. Even when the law is no longer related to anyone's interest, as long as there is formally a text to refer to, the legal thought is considered valid. It is this formalistic nature that ultimately makes fiqh appear 'cold' and does not show engagement with the interests of the Indonesian people.

Kiai Sahal stated that if fiqh is understood as social ethics, it can realize Islam as a religion that brings mercy to the entire universe (rahmatan li al-‘alamin). The universal teachings of Islam can be implemented to protect human life as a whole without being hindered by regional boundaries. In this context, Islamic teachings must be open and tolerant amidst the pluralism of the nation. Internally, Islamic teachings must align with cultural patterns and regional conditions without losing their own identity.[16] The pattern of implementing religious teachings in this way allows Islam to be accepted by society, without being alienated from the cultural roots that have shaped the character, personality, and traditions of the people. Jurisprudence understood only in a normative framework makes it textual and static, and therefore unable to keep up with the times. In fact, if understood definitively, jurisprudence has a very broad opportunity to evolve alongside the development of the times.

Fiqh, as something that is derived (al-mukatasab), fosters the understanding that fiqh emerges through a series of processes before it is finally stated as practical law. This process, known as ijtihad, not only allows for changes but also for infinite development in various aspects of life that are continually evolving.[17] Kiai Sahal emphasized that fiqh is something realistic and dynamic, in line with the character of the ijtihad process. With this ideal insight, it will be possible to optimize, maximize, and actualize the potential of fiqh as a framework of values, behavior, and social life that continuously evolves. Understanding fiqh contextually does not mean abandoning or discarding fiqh completely, but rather minimizes textual interpretation. Indeed, with such understanding, all aspects of life behavior can be infused with fiqh conceptually and will not deviate from the scope of fiqh itself.[18] It is widely known that many studies on Kiai Sahal's Social Fiqh have been conducted. However, the term Social Fiqh, which Kiai Sahal introduced since the 1990s, has not yet found an agreed-upon definition. The terminology Social Fiqh, in Arabic, resembles the structure of idhafah, which means linking one noun with another noun in order to obtain a new meaning. Idhafah itself, in the study of nahwu, is divided into two:

1.Idhofah, which means determining the meaning of the letter 'lam,' as found in the example 'kitabu zaidin,' which means 'kitabun li zaidin.'

2.Idhafah that indicates the original meaning by assigning the meaning of the preposition 'min,' for example, 'khatamu hadidin,' which means 'khatam min hadid.' Thus, what is meant by Social Fiqh is not fiqh that is social. Rather, it is more about a unity of meaning contained in the structure of idhafah that includes the meaning of the preposition 'lam,' which signifies ownership.

The definition of Social Fiqh is,

العلم بالأحكام الشرعية العملية المكتسب من أدلتها التفصيلية لمصلحة الأمة.

“Al-‘ilm bi al-ahkam al-syar’iyyah al-‘amaliyyah al-muktasab min adillatiha al-tafsiliyyah li maslahah al-ummah.” (Knowledge of the practical Sharia laws derived from their detailed evidences, not general, for the benefit of the community).

C. Integration of Kiai Sahal's Social Fiqh Methodology and the Hadith Understanding Method

The explanation of the Methodology of Social Fiqh cannot be separated from the 5 characteristics of Social Fiqh, namely: First, the reinterpretation of fiqh texts to find a new context; Second, the transformation of the meaning of the madhhab from textual to contextual (mazhab qouli> to mazhab manhaji>); Third, fundamental verification of what constitutes the primary teachings (us}u>l) and what constitutes the branches (furu>’iyya>t); Fourth, fiqh presented as social ethics, not as state positive law; Fifth, introduction to philosophical thinking methodology, especially in issues of culture and social problems. Thus, fiqh has taken on a new role as a hermeneutical tool with significant implications in life. Therefore, the methodological problems of making fiqh a hermeneutical tool are also considerable. Because, when fiqh becomes a hermeneutical tool, on one hand it makes fiqh highly relative in terms of how it interprets reality.[19] The plurality of reality and also the plurality of truth softens the normative certainty that usually occurs in the fiqh paradigm in Indonesia, where law is always absolute. The major problem in this fiqh methodology is also caused by the tradition that developed in NU, which is the Shafi'i school.

The first point in the 5 characteristics of the Social Fiqh of Kiai Sahal is to emphasize the effort of contextualizing fiqh texts. Fiqh texts, whether classical or contemporary, are the results of ijtihad, not all of which are necessarily applicable. Just like hadiths, not all of them are suitable to be used as a basis, because there are certain requirements that must be met in practicing a hadith.[20] In the contextualization or reinterpretation of texts, Kiai Sahal provides guidance that needs to be followed to understand classical texts (kitab kuning) contextually. First, contextual understanding is a process of understanding texts that refers to the personal (syakhsiyyah) as well as social (ijtima’iyyah) realities underlying the emergence of the text. Second, the effort to understand the text is not limited to literal meanings but should be able to reach the conclusions (natijah) of the ideas that animate it. Third, the teaching and learning process of classical texts (kitab kuning) should refer to their practical function in community life.[21]

The pattern of following a school of thought from qouli (textual opinion) to manhaji (methodological approach) is a methodological point that has a significant impact on the clear-cut nature of Islamic fiqh products. This is because adhering to a school of thought in a manhaji manner means prioritizing the method of deriving a ruling rather than stopping at the ruling recorded in the text as a product. Based on the contextualization of texts according to Kiai Sahal, who teaches that the teaching of classical texts should refer to the practical functions of social life. The same applies to Kiai Sahal's Social Fiqh, which is a new fiqh paradigm in Indonesia that emphasizes the idea that fiqh should also be applied as a solution to address the problems of the community. Thus, if no statement or perspective is found in the books of Imam Shafi‘i or the Shafi‘i school, one may shift from a textual approach to a methodological one. Furthermore, if the elaboration of Shafi‘i usul al-fiqh is insufficient, Kiai Sahal does not hesitate to adopt usul al-fiqh concepts from other schools. Of course, this is done with the caveat of first maximizing the use of qiyas and broadening the scope of masalik al-‘illah.

A fundamental verification between what is considered part of subsidiary issues and what is part of the main issue. This is emphasized by Kiai Sahal, because often people are not careful in identifying a problem; whether it is part of a changeable matter or a matter that has a permanent nature. Errors in this identification process can lead to fatal mistakes in problem-solving. Kiai Sahal wants to remind that fiqh is a product of ijtihad that is relative and contextual according to the understanding of scholars in a particular period in which they lived. Furthermore, Kiai Sahal suggests that fiqh should be presented as social ethics, not state positive law. This statement reflects Kiai Sahal’s stance, who rejected the formalization of fiqh advocated by certain groups at that time. Because, from the New Order era to the reform era, laws were largely adopted from Islamic fiqh.[22] For example, Presidential Instruction No. 1 issued by President Soeharto in 1991 regarding the Compilation of Islamic Law (KHI) which covers marriage, inheritance law, and endowments. The articles and clauses contained therein are copy-pasted from the classical books of the Shafi'i school of thought. Apart from that, Kiai Sahal also introduced a philosophical thinking methodology through Social Fiqh. This is similar to statements by other scholars about the importance of understanding the arguments and wisdom behind the establishment of sharia. Although not all Islamic laws include reasoning.

Understanding of hadith has evolved from the classical to the contemporary period, in line with changes in social and cultural contexts and the needs of the community. The method of understanding hadith in the classical period was dominated by a textual (naqli) approach and focused on the issue of authenticating hadith reports. Some of the methods used included verifying the chain of transmission by extracting hadiths to determine the authenticity of the sanad by examining the integrity and reliability of the narrators.[23] Understanding hadith is carried out according to its literal meaning, referring to the original text without paying much attention to the social context. In addition, some hadiths that contain historical contexts (asbab wurud al-hadith) need further research to obtain a complete understanding. This only applies to hadiths with asbab al-wurud or those related to specific situations that underlie their emergence, which originate from Prophet Muhammad (peace be upon him). Furthermore, the classification of hadiths is based on whether they are accepted or not, into sahih, hasan, or da’if.[24]

Scholars such as Bukhari, Muslim, and others played a major role in compiling authoritative hadith collections of their time. Then, in the subsequent period, methods were further enriched by taking into account the development of ushul fiqh and tafsir. One of these approaches is the Maqasid Shariah approach, which involves understanding hadith by considering the main purposes of the revelation and implementation of Islamic law, such as welfare, justice, and the protection of life, property, and intellect. Later, in the modern era, along with the challenges of globalization, new approaches emerged—which are indeed needed in understanding hadith, such as the contextual approach that applies the understanding of hadith within the social, cultural, and historical context of modern society. Modern thinkers like Muhammad Abduh and Fazlurrahman emphasized the reinterpretation of texts in accordance with the dynamics of the age. In addition to the isnad (chain of transmission), criticism of the matn (text) of hadith became a focus for assessing its relevance and conformity with the principles of Islamic law.

It cannot be denied that understanding hadiths in the modern era tends to focus on the matn, which has certainly passed the authentication test of sanad validity. This is because, in the required contextualization, what is needed is a text, which means the content of the hadith found in the matn. However, even so, the effort to screen the sanad of the hadith must first obtain verification.[25] In addition, approaches such as hermeneutics are also employed by hadith scholars to understand the meaning of hadith more deeply through linguistic, semiotic, and symbolic analysis. In the modern era, interdisciplinary approaches involving social sciences, anthropology, sociology, psychology, and others are also used to understand how hadith functions in society. The flexibility in understanding hadith is what is being highlighted, as hadith is part of timeless authoritative sources that remain relevant. Flexibility in understanding hadith does not mean moving in a direction contrary to the methods of classical hadith scholars. Rather, it is an effort to broaden the horizon of understanding while maintaining the authenticity of the hadith.

D. Interpretation of Hadith with a Social Fiqh Approach by Kiai Sahal

Hadiths have been agreed upon by early generations of Muslims up to the present as the second highest source of law after the Qur’an.[26] Its very important position requires us to understand every message conveyed in the hadith accurately so that the legal conclusions we draw from the hadith can also be obtained correctly. One of the special qualities that the Prophet Muhammad (peace be upon him) possessed as a gift from Allah (SWT) is Jawâmi’ al-Kalim, which is his ability to convey messages in a concise and compact manner, yet clear, firm, and full of meaning. This is certainly what also distinguishes the hadith qudsi, the sayings of the Prophet Muhammad (peace be upon him), from the words of other people in general. However, there are also some sayings of the Prophet that are not easily understood at once by his companions or the general public.[27] Because sometimes hadiths are expressed in figurative language, proverbs, or metaphors that cannot be understood literally. In addition, there are also hadith wordings that appear as a response to a certain cause and under certain situations and conditions, which may not apply to other situations and conditions.[28] Therefore, besides taking a textual approach based on the explicit wording in the hadith, it is also necessary to take a contextual approach to certain types of hadith so that their meanings can be understood properly and correctly. For example, hadith about the necessity for a leader to come from the Quraysh:

عَنِ ابْنِ عُمَرَ رَضِيَ اللَّه عَنهُمَا، عَنِ النهبِ ي صَلهى اللهُ عَلَيْهِ وَسَلَّمَ، قَالَ: لاَ يَزَالُ هَذَا الأمْرُ فِي قُرَيْش مَا بَقِيَ مِنْهُمُ اثْنَان.

From Abdullah ibn Umar, from the Messenger of Allah (peace be upon him), he said: “The matter of leadership is in the hands of the Quraysh, even if only two of them remain.” (Al-Bukhari, 1422 H).

أنَّ أَبَا زُرعَةَ يَرْفَعُهُ إِلَى النهبِ صَلَّى اللهُ عَلَيْهِ وَسَلمَ قَالَ: "الْأئَمةُ مِنْ قُرَيْش: إِذَا اسْترحَمُوا رَحِمُوا، وَإِذَا عَاهَدُوا وَفَوْا، وَإِذَا حَكَمُوا عَدَلُوا فَمَنْ لَمْ يَفْعَلْ ذَلِكَ مِنْهُمْ فَعَلَيْهِ لَعْنَةُ اللهِ وَالْمَلاَئِكَةِ وَالناسِ أَجْمَعِينَ."

Abu Zur’ah narrated a hadith from the Prophet Muhammad (peace be upon him), he said: “The leader should be from the Quraysh tribe. If they are asked to show mercy, they show mercy; if they make a promise, they fulfill it; if they make a decision, they act justly. If someone from them does not behave in this manner, that person will incur the curse of Allah, the angels, and all of humanity.” (Al-Bukhari, 1422 H).

A textual understanding of this hadith emphasizes that leadership of the Muslim community is the absolute right of the Quraysh. This understanding seems to conflict with the principle of the Qur’an, which states that a person’s qualities are measured by their level of piety, not by their tribe. Why was the Quraysh given the right to leadership by the Prophet (peace be upon him)? A historical-sociological analysis reveals that during the Prophet’s time, the Quraysh tribe was highly respected and influential. This influence of the Quraysh tribe mainly began when Qushay became the determinant of religious ceremonies as the keeper of the Kaabah’s keys. He built the city of Mecca and organized all matters related to the city. This prestige continued into the Prophet’s generation. In the hadith mentioned above, the word Quraysh is understood in terms of the character inherent in the people of Quraysh at that time, namely influential, strong, and respected by their community, not the person simply being from the Quraysh tribe. This understanding is reinforced by the position of the Prophet (peace be upon him) in pronouncing this hadith as a leader, not as a Messenger. Therefore, it is reasonable that Ibn Khaldun stated that if in a certain era there is a person who is not from the Quraysh tribe but possesses the authority and ability to become a leader, then he can be appointed as a leader, including the head of state. This aligns with the conditions of leadership according to Ibn Taymiyyah, as cited by Mila Melyani, namely al-Quwwah and al-Amanah.

As can be seen, an in-depth study of the Prophet's biography becomes a very important part in understanding the context in which a hadith was said. This is because understanding the Prophet's biography will provide a broader perspective on the time and place a hadith emerged. If this view is accepted, then those who study the history of the Prophet Muhammad (peace be upon him) will certainly have a different understanding from those who do not study it when both are trying to understand a hadith.[29] Understanding these situations or asbâb al-wurûd will lead the interpreter or reader to provide solutions for hadiths that appear to be contradictory on the surface. Yusuf Al-Qaradawi explains that the second point of the basic principles that must be adhered to by a Muslim in interacting with the Sunnah is, 'one must be able to properly understand the text of the Prophet’s hadith based on the nuances of its language, the context of its discussion, asbâb al-wurûd (the reasons for the hadith’s emergence), correlating it with the texts of the Qur’an and other hadiths, within the framework of general basic principles and the comprehensive objectives of Sharia, as well as distinguishing between what he conveyed as a form of delivering the message and other matters.'

Understanding a text requires comprehensiveness to minimize falling into misunderstandings. For this reason, scholars throughout the ages have continually provided new discourse and ideas, which has led to theories that can help future generations. The effort needed to achieve a thorough understanding is what has resulted in many variations and types. In hadith texts, for example, hadith scholars have outlined indispensable methods to arrive at valid conclusions. Furthermore, in terms of interpretation that involves different foundations and objectives, the efforts made also vary. This is certainly one of the reasons why understanding hadith texts must always be updated, through various approaches, one of which is the Social Fiqh of Kiai Sahal.[30]

It has been explained that Kiai Sahal's Social Fiqh methodology has five characteristics in interpreting a text. First, understanding the above hadith with a new interpretation that is in accordance with the current context. The above hadith has a historical context in which the social situation and geographical conditions at the time the hadith was revealed influenced its meaning. Understanding the hadith through Social Fiqh requires, first, a rereading and reinterpretation of the hadith text. Today, is it still relevant to appoint leaders from the Quraysh lineage? The Quraysh people, after all, are not spread across all regions of the country or the world. Understanding the Prophet's hadith while taking these aspects into consideration will provide a broader understanding.

Conclusion

The Social Fiqh initiated by Kiai Sahal Mahfudh is an approach that offers a new paradigm in understanding and implementing Islamic law. The approach of understanding hadith through Social Fiqh integrates the understanding of hadith texts with the socio-cultural realities of society, so that the understanding is not only normative but also relevant and responsive to contemporary challenges. Within the framework of Social Fiqh, Kiai Sahal prioritizes the principle of public welfare, making the needs and well-being of the people the main focus in the implementation of religious teachings. Understanding the hadiths of the Prophet (peace be upon him) should also emphasize welfare and be relevant to contemporary needs. Kiai Sahal combines textual and contextual approaches in understanding fiqh in a way that should be aligned with the hadith. He emphasizes the importance of exploring the essence and purpose of texts, then contextualizing them to suit the social situations faced by the community. In this way, Social Fiqh not only becomes a tool for understanding texts in depth, but also a way of thinking that allows flexibility in the application of law without neglecting the fundamental principles of sharia. Social Fiqh is also an intellectual innovation that emphasizes the relevance of Islamic teachings in the context of modern life. This approach proves that Islamic law can be applied flexibly and progressively while maintaining the integrity of sharia values. Thus, Social Fiqh becomes one of the significant contributions to contemporary Islamic thought, capable of addressing the needs of the community in various situations and times. Of course, this research still has many shortcomings and requires improvements. Therefore, suggestions and feedback are highly welcomed.