Prophetic Legal Science Paradigm in the Era of
The legal science paradigm until era 4.0 rested on the positivistic legal science paradigm which had been in the corridor of modernism-positivism hegemony (Newtonian paradigm). The positivistic legal paradigm with the doctrines of empiricism, objectivism, and rationalism was criticized by post-positivistic postmodernists by prioritizing the meaning behind it which became more open and intact. It can be said that science from time to time undergoes changes which usually start from changes in the paradigm used to Industry 4.0 [1]. The positivistic legal paradigm views law in its form as a rule, which determines what is allowed and what cannot be done.
Positivistic legal science is prescriptive, which is to determine what is wrong and what is right. In other words, positivistic jurisprudence studies law in books. The area of positivistic law is das sollen (what should be). This condition continues to color the process of law-making and enforcement until now, which has entered the era of society 5.0. Laws that are too formal, rigid and inflexible, and apply nationally have difficulty accommodating the rapid development of information technology. Laws that have been built so far with the construction of legality principles, territorial principles, and actions are seen as physical. Law is also increasingly pragmatic with the aim of if accommodating all problems in society or containing the political economy goals of the rulers, all of which are clearly temporary and local (sectoral-locality).
The legal science developed by the West, which is thick with modern science, adheres to a materialistic ideology, the purpose of science is to explain the physical world, it clashes with the purpose of religion which explains the spiritual realm. Science thinks that science has no philosophy and only studies and measures things empirically.
In fact, science also has a philosophy: science only attaches importance to empirical objects. Science does not train its adherents to think philosophically, they will only study various types of formulas and technology [2]. This situation makes modern Western scholarship the basis for the presence of positivistic law to be misunderstood and experiencing an extraordinary crisis. The aridity of religious values leads to the destruction of Western civilization itself.
The crisis of positivistic legal science endangers the era of society 5.0 which combines forms of social intelligence that can strongly integrate between transcendental, physical, and cyberspaces.
Thus, the era of society 5.0 can be understood as a form of community life that combines data through information technology to encourage the improvement of human resource intelligence in developing
various opportunities that can be implemented based on spiritual and humanities aspects in order to solve various social problems.
According to Capra, the inability of the positivistic legal science paradigm to return to view human life with a complete view has caused a crisis in the intellectual, moral, and spiritual dimensions of humans [3]. Modern life, especially in the West, gave birth to positivistic jurisprudence, as shown by Fritjof Capra during a turning point. Until era 4.0, positivistic legal science degraded human dignity (dehumanization). The positivistic science of law brought by Western civilization has many problems that are harmful to human civilization entering the era of society 5.0.
The epistemological crisis of modern science, which has been referred to since its existence, lies in the way of thinking of modern scientists which only comes from and relies on ideas (rationalism) both idealistic (Platonism-Cartesian) and empirical (Aristoteleism-Baconian) giving birth to a way of knowing with a materialistic, pragmatic character, hedonists and atheistic are wrapped in the auspices of the philosophy of positivism. It is proven by the occurrence of dehumanization because it exalts humans more than anything else which then falls into a multidimensional crisis because humans lose clear and definite instructions.
Discussion
The idea of a paradigm was originally pioneered by Thomas Kuhn, The Structure of Scientific Revolutions, aiming to challenge the general assumption that holds about the way in which science changes. Kuhn formulates the paradigm as (1) a fundamental image of what is the main problem of science at a certain time, (2) normal science is a period of accumulation of knowledge, (3)the scientific work will inevitably give birth to new works that cannot be explained by science. previous knowledge, (4) the stage of the crisis will occur inconsistency (anomaly) is increasing and will only be answered with the model of the revolution of science (scientific revolution) [4]
The idea of a paradigm was originally pioneered by Thomas Kuhn, The Structure of Scientific Revolutions, which aims to challenge generally accepted assumptions about the way science changes. Kuhn formulated the paradigm as (1) a fundamental picture of what is the main problem of science at a certain time, (2) normal science is a period of accumulation of knowledge, (3)scientific works will inevitably give birth to new works. that cannot be explained by science. prior knowledge, (4) the crisis stage will occur inconsistencies (anomalies) which are increasing and will only be answered with a scientific revolution model [4]
Urgency to Present the Paradigm of Prophetic Law in Era 5.0 The dimension of the transcendental basis is described in the prophetic legal science paradigm with the concepts of humanization, liberation, and transcendence by Kuntowijoyo [5],[6] used in discussing social science in general. In this case, the element of transcendence must be the basis of other elements in the development of science and civilization. The method of developing science and religion which is known as prophetic based on the Qur'an and Sunnah is the main basis for the overall development of science. The prophetic pioneered by Kuntowijoyo resembles the concept of integration of science and religion by Amin Abdullah, the concept of Islamization of science according to Naquib al-Attas and Ismail Raji al Faruqi.
Profession later also became the paradigm of legal science in Indonesia. With the concept of humanization, liberation, and transcendence of legal science, it was built in order to find an epistemology of legal science that is able to answer legal problems in Indonesia. Humanization is an attempt to re-elevate human dignity through God's way. Liberation is a legal science that has a prophetic responsibility to free people from evil. Transcendence is a form of jurisprudence that contains the basic elements of faith in God [7].
The prophetic jurisprudence paradigm views the basis of science as having intuitive (faith) or a priori instructions. Due to its intuitive nature, knowledge starts from human receptive abilities to what is bestowed from revelation or guidance, therefore the prophetic paradigm rejects the views of Descartes's doubts or certainty. Derida's uncertainties. In the prophetic paradigm develop the existence of knowledge relations in humans arising from the organs of understanding, including; the senses or sense both the outer and inner senses, inspiration or intuition located in the heart or heart, ratio as a function of thinking and revelation that was revealed to the prophet.
The consequence of this is the existence of prophetic integrity which is an emancipatory awareness: transcendence, humanization, liberation and historical activism: appreciation or involvement of thoughts and feelings in something that is believed (as the basis of all ethos/values); Devotion; Scientific work ethic; Humanity work ethic, which consists of: honesty; thoroughness/accuracy; criticality and appreciation [6]. Prophetic law is rooted in God's will for His creatures which was revealed through His Prophets and Messengers, the Mualim and Aulia who are always istiqomah and hold fast to the divine line or sunnatullah. Sunnatullah is the basis of the philosophy of natural law or natural law, which is explained through His verses, both
written (the Book and the Sunnah) as well as those that are described in the universe and the reality of life.
The word prophetic comes from the English word 'prophet', which means prophet. According to the Oxford Dictionary 'prophetic' is (1) “Of, pertaining or proper to a prophet or prophecy”; “having the character or function of a prophet”; (2) “Characterized by, containing, or of the nature of prophecy; predictive". So, the meaning of prophetic is to have properties or characteristics like prophets, or to be predictive, to predict [8].
The word prophetic comes from the English word 'prophet' which means prophet. According to the Oxford Dictionary 'prophetic' is (1) "Of, pertaining to or proper to a prophet or prophecy"; “having the nature or function of a prophet”; (2) “Characterized by, containing, or of a prophetic nature; predictive". So, what is meant by prophetic is having properties or characteristics like the prophets, or being predictive, to predict [8].
Normatively conceptually, the normative legal paradigm is based on Surah Ali-Imran verse 110 which means: "You are the best ummah who was sent down/born in the midst of humans to command the good and prevent evil and believe in Allah". Based on this verse, there are three main pillars that underlie the emergence of prophetic education, namely; amar ma'ruf (humanization) which implies humanizing humans, then nahi munkar (liberation) implies liberation, and tu'minunu billah (transcendence), the dimension of human faith.
The first element is humanization. Humanization is a creative translation of Amar ma'ruf whose original meaning is to advocate or enforce virtue. In Prophetic Social Sciences, humanization means humanizing humans, eliminating "materials", dependence, violence, and hatred from humans. Humanization is in accordance with the spirit of Western liberalism. It just needs to be added immediately, if Western civilization was born and rests on anthropocentric humanism, Kuntowijoyo's concept of humanism is rooted in theocentric humanism. Therefore, humanization cannot be fully understood without understanding the concept of transcendence on which it is based. Western humanism was born out of rebellion against the dogmatic power of the Church in the Middle Ages. The anthropocentric view assumes that life is not centered on God but on humans. Its ethos is the spirit of appreciating the values built by humans themselves.
Anthropocentric civilization makes humans the benchmark of truth and falsehood, to use humans as a criterion of beauty, and to give importance to that part of life that promises human power and pleasure. Anthropocentrism considers humans as the center of the
world, therefore they feel enough with themselves. Anthropocentric humans feel they are masters of themselves. Not only that, he also went further, he wanted to be the ruler of others. The universe then becomes the target of his lust for power which is getting more and more out of control.
The prophetic law paradigm presents theocentric humanism instead of anthropocentric humanism to re-elevate human dignity.
With this concept, humans must focus on God, but the goal is for the benefit of humans (humanity) themselves.
The second element in the paradigm of prophetic law is the liberation which exists in empirical reality, so that liberation is very sensitive to the problem of structural oppression or domination. The phenomenon of poverty born of economic inequality is an important part of the liberation project. Liberation places itself not in the field of abstract human morality, but in the empirical reality of humanity, which is concrete. Kuntowijoyo even considers that avoiding the concrete to the abstract is one of the characteristics of thinking based on myths.
Transcendence is the third element of the prophetic legal science paradigm. Transcendence is the basis of the other two elements. Transcendence is a concept derived from tu'minuna bi Allah (belief in Allah). Transcendence wants to make transcendental values (faith) an important part of the process of building civilization.
Transcendence places religion (Islamic values) in a very central position in the Prophetic Social Sciences. Transcendence is the basis of humanization and liberation. Transcendence gives direction to where and for what purpose humanization and liberation are carried out. Transcendence in the paradigm of prophetic law, besides functioning as a valuable basis for the praxis of humanization and liberation, also functions as a critique.
With the critique of transcendence, technical progress can be directed at the service of human development and humanity, not its destruction. Through transcendence, critical society will be freed from materialistic consciousness - in which one's economic position determines his consciousness - to transcendental consciousness.
Transcendence will be the benchmark of human progress and decline.
The era of society 5.0 has the main goal, namely to create prosperity through economic growth and technological development to all levels of society (Wasitarini, 2019). The era of society 5.0 refers to the concept of applying technology to the industrial revolution 4.0 which pays attention to the humanities aspect to give birth to ways to solve social problems (Faruqi, 2019). Then, the era of society 5.0 is a form of social intelligence that can strongly integrate between
physical space and cyberspace (Salgues, 2018). Thus, the era of society 5.0 can be understood as a form of community life that combines data through information technology to encourage the improvement of human resource intelligence in developing various opportunities that can be implemented based on the humanities aspect to solve various social problems.
The new enlightenment entered the era of society 5.0 by replacing the paradigm of positivistic legal science which created a multidimensional crisis with the prophetic legal paradigm in line with the theory of Al-ta'wil al-ilmi proposed by M. Amin Abdullah by using the combination of bayani, irfani, and burhani methods. As it is known that the Bayani method works to find the truth by interpreting the text. Empirical facts are understood and interpreted through texts.
Furthermore, the irfani method provides enlightenment in knowing the nature of divine truth, the source of which is based on deep inner experience, holy, in accordance with logic. Regarding the results of the validity of the Irfani method, those who feel it are inner intuition. The approach using the burhani method refers to the use of logic that gives birth to conclusions.kesimpulan secara pasti dan mudah dicerna secara rasional dan tentu saja logis [10].
Integration of science, technology and values so that humans become wise and wise to nature and everything in it. So the science of law that is developed entering the era of society 5.0 must be based on values such as: first, monotheism, that all of nature, the universe, and the earth and all of its contents are intended for humans, with science humans can know and the universe. By will, humans walk towards the choice to do good or bad. Seeking God's Will; second, leadership, namely the presence of humans on earth in order to carry out the function of the caliph as a leader on earth (QS. 2:30); third, Trust and Devotion, when a leader is given a mandate by Allah to love what is on earth and in the sky, everything is done in the context of devotion to Allah (Surah 51: 56); fourth, Sharia for the realization of human goodness and justice must carry out daily life in accordance with sharia rules that provide solutions and peace of human life itself.
Conclusion
1. Positive legal science creates a multidimensional crisis that endangers human life entering the era of society 5.0
2. The prophetic legal paradigm is oriented towards the benefit of human beings with the light of God. The prophetic law paradigm becomes new enlightenment in the midst of positivistic legal hegemony. With the prophetic legal paradigm, the search for and discovery of human legal values is free from materialistic-secular
legal methods, far from divine values (transcendental) as is currently happening in modern times in entering the era of society 5.0.
References
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