Islamic Law of the National Madhhab (Hazairin 1906–1975): Concept, Epistemology, and Its Relevance in Indonesia

Abstract

This article explores the concept of the National Madhhab in Islamic law, a significant intellectual contribution by Prof. Dr. Hazairin, S.H. (1906–1975), one of Indonesia’s foremost scholars in both customary and Islamic law. Against the backdrop of Indonesia’s plural society and its need for an Islamic legal framework that aligns with national identity, Hazairin introduced the idea of a National Madhhab as an alternative model of Islamic jurisprudence. This study employs a library research method, drawing on Hazairin’s primary writings, supplemented by secondary sources such as books, journal articles, and contemporary studies. The discussion begins with an overview of Hazairin’s intellectual background and the socio-political context that shaped his thought. It then elaborates on the epistemological and methodological foundations of the National Madhhab, particularly its reliance on the Qurʾān and Sunnah as the principal sources of law, combined with the role of ulī al-amr (state authority) in legislating norms that reflect the needs of Indonesian society. Hazairin emphasized that Islamic law should not only be universal but also contextualized to the cultural realities and ʿurf (customary practices) of Indonesia, as long as these practices do not conflict with Sharīʿah principles. A prime example of this contextualization is his idea of bilateral inheritance law, which diverges from classical Islamic jurisprudence but reflects the egalitarian values of the Qurʾān and the socio-cultural dynamics of Indonesia. The findings demonstrate that Hazairin’s National Madhhab represents a creative form of ijtihād that integrates Islamic legal values with national identity, providing a framework for a responsive and applicable legal system. Moreover, this concept remains highly relevant in contemporary Islamic legal discourse, offering pathways for the development of laws that are both faithful to Islamic principles and adaptable to the evolving demands of Indonesian society.