Establishment of Tolerant Attitude and Open Minded of Student
Teacher
Contextualization of Learning Masail Fiqhiyah
Andewi Suhartini, Asep Nursobah, Dindin Jamaluddin, and Uus Ruswandi
Jurusan Pendidikan Agama Islam, UIN Sunan Gunung Djati Bandung, Jl. A.H. Nasution 105, Bandung, Indonesia
Keywords: Tolerant Attitude, Open minded, Contextual Learning.
Abstract: Problems related to the understanding of shari'ah laws are constantly evolving in line with the societal context
and the development of theories affecting the law. This study aims to develop a tolerant and open attitude
among students of religious teacher candidates to understand the problems in syara 'law that developed today
through the study of Masail Fiqhiyah subjects. By using action methods, learning is designed to provide
students with learning experiences, analyzing, evaluating and developing the concepts, contexts, and attitudes
contained in each subject of Masail Fiqhiyah studied by students. The study was conducted in two-semester
classes for one semester. The results show that the learning of Masail Fiqhiyah which is in line with the
demands of contextual problems in society and the development of thinking affecting the law makes the
students' attitude more open and tolerant to various dissent. This is demonstrated by the attitude of those who
are open to accepting new ideas and able to determine the attitude that is most appropriate for him. These
findings can be further developed in fiqh learning by taking into account the substance, context and attitudes
that need to be addressed in the application of Islamic law.
1 INTRODUCTION
Masail Fiqhiyah is one of the courses that deal with
issues related to fiqh issues. The problem is that the
learning of Masail Fiqhiyah has been related to the
existing legal issues which tend to be doctrinal in
nature, which implies the implications of inclusive
and intolerant religious attitudes (Rahmah, 2012).
Therefore, it is deemed important to contextualize
learning Masail Fiqhiyah directed to establish a
religious attitude that is more tolerant and open to
various differences (Rofiqoh, 2015).
The fiqh characteristics that always respond to
new facts and events to be explored in accordance
with the substance and context, reinforce the
inevitability of diversity of attitudes and religious
practices (Widyanto, 2011). This requires learning
that can train everyone to be tolerant and open
minded so that each other appreciates and respects
the attitude and practice of each other's worship.
The study of tolerant and open attitudes has been
largely done by some previous researchers. Some of
them indicated that open attitude is determined by
one's belief in religion (Price, Ottati, Wilson, and
Kim, 2015). This view shows that openness depends
on the pattern of understanding and religious beliefs.
In contrast to that opinion which in the extreme states
that generally openness does not take place when
religion is strong (Spiegel, 2013), even tolerance is a
historical heritage, not religious belief (Talib and
Gill, 2012). In addressing these two views, religious
education plays an important role in developing a
tolerant society (Nor, 2011). Similarly, families and
communities play an important role in shaping
tolerant attitudes (Almond, 2010).
This study aims to develop a tolerant and open
attitude among students of religious teacher
candidates towards understanding the problems in
syara' law that developed today through the study of
Masail Fiqhiyah courses.
Suhartini, A., Nursobah, A., Jamaluddin, D. and Ruswandi, U.
Establishment of Tolerant Attitude and Open Minded of Student Teacher - Contextualization of Learning Masail Fiqhiyah.
In Proceedings of the 2nd International Conference on Sociology Education (ICSE 2017) - Volume 1, pages 77-81
ISBN: 978-989-758-316-2
Copyright © 2018 by SCITEPRESS – Science and Technology Publications, Lda. All rights reserved
77

2 LITERATURE REVIEW
2.1 Masail Fiqhiyah as Basis for
Attitudes and Action Skills for PAI
Teacher Preservice
Masail Fiqhiyah is in line with the characteristics of
disciplines of fiqh as a science that discusses syara'
law related to the work of mukallaf obtained by
understanding tafshily arguments (Mulyadi, 2012).
The importance of an understanding of syara' laws is
in line with the context of the development of human
interaction in dynamic social, political and cultural
aspects (Wasik, 2014). Similarly, the laws of shari'ah
can develop based on the perspectives it uses, such
as Hanafi, Maliki, Shafi'i and Hanbali fiqh
methodologies (Hasan, 2015). Thus, the acquisition
of PAI teacher preservices on shari'a laws and legal
acquisition methodology becomes important to be
taught to learners with religious nuances that are
tolerant and open.
Masail Fiqhiyah in learning can be focused on
establishing tolerant and open attitudes toward the
various different perspectives and laws it obtains.
The learning approach emphasize the substance and
methodology of the material studied (Kleickmann et
al., 2013). Learning by taking into account two
things, namely learning the law and how to obtain it
more possible in addition to learners to understand
the syara' law for certain problems also gain an open
attitude and tolerant of differences of opinion.
2.2 Development of tolerant and open
minded for Islamic Education
Student Teacher
The attitude of educators, especially to learners is
closely related to the subject matter and the
competencies they are learning. The diversity of
characteristics such as the initial ability, interest, and
learning ability of learners is an object that is
addressed by educators. Similarly, the level of depth
and breadth of subject matter relating to the number
of perspectives demands a different attitude
(Hunzicker, 2013). Theoretically, attitudes have
cognitive, affection, and conformational constructs.
The cognitive dimension that leads to value
judgment describes a person's perception of the
object he is behaving in terms of good or bad value,
important or unimportant and useful or unbeneficial.
Affection is a dimension of attitude that shows
pleasure or displeasure with the object being
addressed. Conation is a dimension of attitudes
related to the tendency of a person to act on the object
being addressed (Bohner and Schwarz, 2007).
Considering the PAI material that does not contain a
lot of perspective and characteristics of diverse
learners, PAI teachers are required to be tolerant and
open.
Tolerant is a judgment, a feeling of comfort, and
a tendency to accept differences as natural, so as to
determine actions that remain harmonious to the
diversity that exists in society including in the
practice of religion (Rapp and Freitag, 2015). The
tolerant attitude of PAI teachers in religion can be
demonstrated by presenting various points of view
related to the Islamic learning materials in a balanced
way.
A tolerant attitude is also shown by a reasonable
way of judging other beliefs without ridicule or
humiliation (Karaman-Kepenekçi and Aypay, 2009).
Similarly, the reasonableness is apparent when
displeased with certain views or beliefs, and will not
impose their will to have others who are equal to
themselves.
Openness in thinking allows religious teachers to
be able to dialogue using multiple points of view and
critically accept differences in religious
understanding and practice. By using his own
judgment, the teacher is open to getting feedback and
advice from others on how to think, behave and act.
This attitude does not mean the teacher is not firmly
established, but always learn to gain a better stance
and more appropriate action (Siegel, 2009).
2.3 Contextualization of Masail
Fiqhiyah Learning
Learning Masail Fiqhiyah is an effort to encourage
learners to study Fiqh in the context both in the past,
present and future. The fiqh context is taught that
learners are able to respond to the development of
situations and conditions that encourage the new
demands in Islamic law. Therefore,
contextualization of Masail Fiqhiyah learning is an
effort to reveal the existing Fiqh today, both from the
basic aspects of the law used, the method of thinking,
and the context that developed in the community.
The current fiqh is the result of an understanding
of the sources of Islamic law concerning problems
that have emerged in the past and present. However,
it is possible that the current situation demands a new
understanding of the sources of Islamic law in line
with the methodology of thinking that is also
developing (Hillier, 2010).
Thus learning Masail Fiqhiyah not only studied
the law and its source, but also the development of
ICSE 2017 - 2nd International Conference on Sociology Education
78

thinking by using the methodology that has been
considered raw in understanding the source of
Islamic law. For example, understand the laws of
female leaders. Embodied to develop thinking ability
with the methodology of imams of the famous fiqh
madhhab, such as Abu Hanifah, Malik bin An-Nas,
al-Shafi'i, and Ahmad ibn Hanbal.
Contextualization of fiqh based on the sources
and methodology it uses is linked to real-life
situations evolving in society. For example, the law
of female leader is permissible because men and
women are equal in the sight of Allah SWT., and the
only difference is his piety (QS al-Nahl: 97 and QS
al-Baqarah: 30) and on condition not to abandon his
duty because Allah has exaggerated Men over some
women as a wife and a mother. Likewise, the female
leader is forbidden because the man is the female
leader (Q.S. al-Nisa: 34).
3 METHODOLOGY
This research uses action method, that is learning is
designed to provide learning experiences to students,
analyze, evaluate and develop new fiqh concept.
Similarly, students are expected to find the context
and develop the attitude contained in each subject
Masail Fiqhiyah. The study was conducted in two-
semester classes for one semester. The study was
conducted in 2 cycles with 6 meetings of each cycle.
Stages of action research include 3 stages, namely
observation, evaluation, and reflection. Data were
obtained by using observation technique and open
questionnaire. Content analysis is done by 3 steps,
namely data reduction, data display, and conclusion.
4 FINDINGS AND DISCUSSIONS
This research is directed to develop a tolerant and
open attitude among students of religious teacher
candidates to understand the problems in syara' law
which developed today through the study of Masail
Fiqhiyah subject. Broadly speaking, there are two
data found in this research that is a description of the
learning process of Fiqhiyah Masail and description
of tolerant and open attitude formed by learning
Masail Fiqhiyah. Both data are categorized as
follows:
4.1 Masail Fiqhiyah Learning Process
Learning process of Masail Fiqihiyah can be
described within five steps. In the first step, students
described the variation of concepts with each
argument. A group discussion was initiated by
presenting a topic on Masail Fiqhiyah material for 20
minutes. The systematic delivery of substance begins
with the concepts, arguments, laws, and context of
practice in the reality of life. Each group member
gets each sub to be prescribed. The breadth and depth
of the material presented stimulates the response,
even additional questions from the class members
concerned. For example on the topic of discussion of
female leaders, presenters presented their papers
with the following description: "The word leader in
the Qur'an refers to the word khalifah, which means
'substitute' and Imamat, which is derived from the
word imam, meaning 'leader of a prayer'. Leaders
must meet the criteria: faithful, fair, responsible,
healthy, brave, and assertive. The law of the female
leader there are two, that is allowed and forbidden.
The forbidden opinion is based on Q.S. Al-Nisa
verse 34 which asserts that men are female leaders.
The permissible opinion is based on Q.S al-Baqarah
verse 30 and Q.S. Al-Nahl verse 97.
The second step is elaborating different concepts
with similar or different opinions. After the
presentation is complete, the students are given the
opportunity to provide additional and responses to
the material already delivered. They are directed to
express their opinions with logical concepts, polite
language, and open attitudes.
During the discussion on the topic of non-Muslim
leaders in the Islamic view, the presenter stated that
the non-Muslim leader is illegally reinforced by the
proposition that Muslims are forbidden to make Jews
and Christians as leaders (Q.S. al-Maidah: 51). For
the problem among members of the dissenting
opinion, some allow for the reason of the non-
Muslim leader's ability is the opinion of mufassir
stating that not all non-Muslims are bad, some are
neutral and some are praised al-Qur'an (Surah Ali
Imran verse 173).
Thirdly, students ask
questions about the
reasons for the difference of opinions.
The next
group discussion is assigned to prepare questions.
The substance of their questions relates to concepts
they have not understood yet, the propositions and
rules used, and the legal variations of the issues
under discussion. The questioner is given the
discretion to ask questions with objectives and
openness and appreciation. Each member of the
group has the opportunity to ask questions and
Establishment of Tolerant Attitude and Open Minded of Student Teacher - Contextualization of Learning Masail Fiqhiyah
79

provide reasons for the dissent. With the obligation
of the next group to ask questions, each student has
the opportunity to develop critical thinking skills by
asking questions about the reasons for the difference
of opinion on a particular issue. Similarly, students
are conditioned to want to read and evaluate certain
ways of view that make the difference of opinion in
fiqh. Thus the students are stimulated to be tolerant
and open.
The forth, is
answering questions based on
context and argument.
All members of the
discussion contribute to answering questions. They
take turns answering and reinforcing the previous
answers while respecting the differences based on
the proposition or legal argument and context of the
relevant legal event or fact.
When discussing on "female leaders", the
question that arises is "Why is the female legal leader
contested?". The presenter gave the answer "because
the scholars differ in understanding and interpreting
the Qur'anic verses relating to the roles of men and
women". The answer is in line with their view of the
development and shifting of the roles of men and
women in the reality of their life and their different
arguments, which is forbidden by basing on Q.S al-
Nisa verse 34 and which permits by basing on Q.S.
Al-Baqaran verse 30 and Q.S. Al-Nahl verse 97. It
shows that students are able to present the context of
the problem and provide arguments based on the
legal basis and the method of understanding.
Finally, lecturer reinforce the developing various
opinions in discussion and formulating conclusions.
The opinions expressed in the discussion among the
students, reinforced after the discussion is over. The
lecturer provides explanations of concepts, theorems
and laws of the material already discussed, and
together with all students formulate a conclusion.
Stages of discussion in learning as described
above are the stage of learning by involving skills
and critical attitude and open in thinking. In the
stages, students see the differences, uncover the
reasons for differences of opinions, and assess
different concepts and arguments to be able to
formulate conclusions that are considered more
appropriate (McDougall and LaMonica, 2007).
The ability to analyze by way of deciphering a
legal opinion into the parts that make up the law and
linking those parts is a thought process to uncover
the nature of a law. The determination of a law is
determined by the power of reason. Thus, students
gain experience to analyze, rate and synthesize
(Snyder and Snyder, 2008) the accuracy of a law
based on the power of reason that is accompanied by
evolving legal facts.
4.2 Tolerant and Open Minded Formed
through the Learning of Masail
Fiqhiyah
The tolerant and open attitude of student formed
through the implementation of the method of
discussion in learning Masail Fiqhiyah, indicated by
accepting different views, connecting views with
arguments and context and setting choices while
respecting other opinions.
Firstly, discussions on the law seen from the
sources and ways of understanding it can prove to
make the students accept different views on the issue
of Islamic law. For example, about the law of women
leaders, "There are two opinions concerning the law
of female leaders: haram and mubah". The difference
is caused by the difference of legal basis that is
prohibited by basing on Q.S al-Nisa verse 34 and that
allow by basing on Q.S. Al-Baqaran verse 30 and
Q.S. Al-Nahl verse 97 and, context, namely the
realities of development and the shifting roles of men
and women in the reality of life.
The second, differences in context also give rise
to different arguments. For example, "The principal
prohibition of non-Muslim leaders is QS. Al-Maidah
verse 51. The reason for the ability of non-Muslim
leaders is among the opinions of mufassir who stated
that not all non-Muslims are bad, some are neutral
and some are praised by the Qur'an as in QS Ali
Imran 173 ".
Finally, based on the legal example of the non-
season leader associated with the context of the
existence of the Muslim community, the student can
make a choice, namely: "If in a region no more
Muslims are ready to become leaders, and there are
only non-Muslims who have souls not far from Al-
Qur'an and al-Hadith, then he may (non-Muslims) be
appointed as leaders ". This data shows that students
are able to make choices while respecting different
opinions because of different contexts.
The three things above indicate the tolerant and
open attitude of students as a result of learning
Masail Fiqhiyah. Students judged positively,
connecting point of view with arguments and context
and determining the most appropriate opinion choice
on the issue of Islamic law developed in society
(Hansen, 2011).
5 CONCLUSIONS
The results show that through the learning of Masail
Fiqhiyah which is in line with the demands of
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80

contextual problems in the society and the
development of thinking affecting the law, the
students' attitude becomes more open and tolerant to
different opinions, open to accept new ideas and able
to determine the attitude that is considered for
himself. This can be followed up with research on the
learning of critical thinking in other religious issues
other than the issue of fiqh.
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