Implikasi Konsep Naskh Mansukh dalam Ushul Fiqh terhadap Dinamika Istinbath Hukum Ekonomi Syariah

Abstract

The concept of naskh and mansukh is one of the most crucial methodological instruments in the discipline of Ushul Fiqh, serving to dissect the dynamics of Islamic law determination (tasyri') diachronically. This article aims to comprehensively analyze how the mechanism of naskh operates within the Al-Qur'an and Hadith and its juridical implications on the process of istinbath (deduction) of Islamic law. The urgency of this study lies in the fact that a flawed understanding of the abrogated verses can lead a mujtahid to establish laws that are juridically expired. Utilizing a qualitative-normative research method with a socio-historical approach, this article explores the classifications of naskh, ranging from the sharp debate over the Sunnah's authority to abrogate the Al-Qur'an to the fundamental differences between naskh, takhshish, and taqyid. The analysis also encompasses a comparative study of the views among the four major schools of thought (Hanafi, Maliki, Syafi'i, and Hanbali) in responding to conflicting evidences. The findings indicate that naskh is not an indication of inconsistency within Divine revelation, but rather a manifestation of the principles of tadarruj (gradualism) and taysir (facilitation) that accommodate the mental readiness of the community and the welfare of human beings. Practical implications of this concept are found in the evolution of laws concerning the direction of the qiblah, the iddah period, and the prohibition of khamr. Through a profound understanding of naskh, Islamic law demonstrates its elasticity in addressing contemporary challenges without losing its divine substance. In the modern era, this principle can be actualized in national legislative drafting through gradual regulatory methods.