Paradigma fikih aspiratif, demonstrasi dalam nalar zariat

Helim, Abdul (2009) Paradigma fikih aspiratif, demonstrasi dalam nalar zariat. Jurnal Kajian Islam, 1 (1). pp. 59-70.

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Abstract

There are some opinions in discussing about the demonstration law status of this time. Some of them make conclusion that it can be used as problems solution, but some refuse it totally, and the other have to do it. Logically, the demonstration law status cannot be totalized like the above ideas. Because, demonstration that has function as medium [zari'at] to get two possibilities that can take the advantage and disadvantage. In the first possible, demonstration may or must be done [fath az-zari'at] and the second possible it should not be done [sadd az zari'atl. The main point of the first category it can be used to build the rightness and prevent the denial that can be done peacefully, academically, logically and accompanied by the best argumentation to attain the universal advantage. To get the best demonstration, the participant in a demonstration should have the best material and consider to the main purpose of demonstration. More over the advantage of demonstration should be the primary (dharuriyyat], true issue [qath'i], unusual dream, reasonable [ma'qul], impersonal interest [kulli], and not contradiction of the law used (Alquran, Hadis and lmnak]. If the demonstration is not done peacefully, anarchy l, breaking of the public and private facilities, of course, there some people v,ill take the advantage of tue destruction. Because of that, if it uses the bad language, un academically, un argumentatively , and kills someone, this action of course, in Islam it is very rejective [sadd az-zari'^t]. It does not take the advantage to the participant of the demonstration itself, the state image and religion.

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