Local Tradition as Sunnah in Malik's Perspective and its Relevance to Islamic Law Development in a Pluralistic Society

Alamsyah, Alamsyah and Thahir, A Halil and Azhari, Azhari and Basuki, Basuki and Hartati, Suci (2020) Local Tradition as Sunnah in Malik's Perspective and its Relevance to Islamic Law Development in a Pluralistic Society. International Journal of Innovation, Creativity and Change, 14.

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Abstract

Alamsyaha*, A Halil Thahirb, Azharic , Basukid, Suci Hartatie , a Universitas Islam Negeri Raden Intan Lampung, Indonesia, b Institut Agama Islam Negeri Kediri, Indonesia, c Universitas Sembilanbelas November Kolaka, Indonesia, d Institut Agama Islam Negeri Ponorogo, Indonesia, e Universitas Pancasakti Tegal, Indonesia, Email: a*alamsyah_pps@yahoo.co.id In Muslim societies some consider local traditions to be contrary to Islam. This understanding is not in accordance with the conditions of a pluralistic modern society because it can incite a radical and intolerant attitude. Therefore, a model of understanding of Islam must be sought that can bring Islam and tradition together peacefully, as suggested by Imam Malik bin Anas. In his work, al-Muwatta,’, Malik states that the local traditions of the people of Medina are part of Sunnah. Thus they can be made law if there are no other sources of law, such as hadith. In some cases, these local traditions can be stronger and must take precedence over traditions conveyed by individual sources. Malik's understanding has succeeded in aligning Islamic law and community traditions an jointly realising benefits. Malik's view is relevant in the effort to formulate Islamic law as dynamic, elastic and substantive, in accordance with the development of a pluralistic, society. Key words: Sunnah, tradition, Islamic law, diversity.

Item Type: Article
Subjects: 18 LAW AND LEGAL STUDIES > 1801 Law > 180119 Law and Society
22 PHILOSOPHY AND RELIGIOUS STUDIES > 2204 Religion and Religious Studies > 220405 Religion and Society
Divisions: Dosen IAIN Kediri
Depositing User: Mahbub Junaidi
Date Deposited: 06 Apr 2023 02:23
Last Modified: 06 Apr 2023 02:23
URI: http://repository.iainkediri.ac.id/id/eprint/872

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