KONTESTASI SYIAR DAN DLARAR:ANALISIS USHUL FIKIH KONTEMPORER TERHADAP FENOMENA PENJEMPUTAN JEMAAH HAJI DALAM RUANG PUBLIK DIGITAL

Abstract

The phenomenon of Hajj homecoming convoys in Indonesia frequently triggers spatial disruption and severe traffic congestion (dlarar ‘ammah); yet, it continues to be massively reproduced as it is framed by society through the theological justification of izhar sya’air (manifesting religious symbols) and celebrated in digital public spaces. The central problem of this study revolves around an anomaly in legal reasoning at the grassroots level, which pits claims of religious manifestation against the protection of public order and human life (hifdz al-nafs). Based on this problem, the research poses its primary question: how valid is the theological claim of izhar sya’air, and how can the legal status of Hajj homecoming convoys in public spaces be reconstructed when examined through contemporary Usul al-Fiqh perspectives? To address this question, this qualitative study employs socio-legal and netnographic approaches alongside library research, applying the analytical frameworks of takhrij al-manath (identifying the legal ratio) and tahqiq al-manath (verifying the legal ratio in concrete cases). The findings indicate that sociologically, these convoys are driven by the pursuit of cultural prestige and symbolic capital. Methodologically, the analysis through takhrij al-manath demonstrates that the claim of izhar sya’air is invalid because the true legal ratio ('illat) of religious symbols lies in tranquility (sakinah) and piety (taqwa al-qulub), whereas communal noise and traffic monopolies are merely superfluous attributes (wasf tardi). Furthermore, the application of tahqiq al-manath confirms that this practice violates Islamic spatial ethics (haqq al-tariq) and demonstrably generates public harm (dlarar ‘ammah). Consequently, this research recommends reorienting the Hajj welcoming tradition from public spaces back to the domestic sphere (walimat al-safar) based on the legal maxims dar’u al-mafasid muqaddam ‘ala jalb al-masalih (preventing harm takes precedence over attaining benefits) and sadd al-dzari’ah (blocking the means to harm), emphasizing that adherence to public order is the most authentic manifestation of religious symbols.