Peaceful Fiqh; Jürgen Habermas’s Hermeneutical Studies in the Verses of Jihad

The most crucial problem in analyzing problematic violence in Islam is when relating it with text religion. Problematic violence will appear more paradoxical and crucial when trying to legitimize al-Qur'an. When violence and terrorism get legitimacy from al-Qur'an, it will lead to a very risky conclusion; namely, Islam supports violence and terrorism. This is where the hermeneutics of Jurgen Habermas tries to review the problem of interpretation of these verses, especially concerning the theory of communication actions which will be used as an analytical knife in this study. The problem formulation is; how to read verse jihad without using instrumental interpretation and more developed paradigm communicative hermeneutics. The result of this research is that Jurgen Habermas's view will presuppose the formation of an intersubjective relationship in social society. The act of communication aims to reach an understanding between individuals. In relation to religious tolerance, the expected communication is a dialogue in reaching agreement on claims of accuracy in the underlying values of each religion on how to build agreement on each religion and that peace is beautiful and violence is terrible. This claim necessitates an interactive dialogue that explores holistic religious values but avoids discussing truth claims considered non-negotiable religious doctrines. When it is applied in the interpretation of the jihad verse, the conclusion that we hope for is the jihad verse cannot abolish the universal value contained in the peace verse.


Introduction
It is common knowledge that humans and religion cannot be separated (Muhajarah & Bariklana, 2021;. The importance of religion is increasingly needed; interest in religion increased in the 20th century, especially in relation to matters of meaning, the purpose of life, ethics, morals, and values (Jalaluddin, 2021: 20). Humans agree that one of the basic human intuitive instincts in religion is spiritual, a clear and deep feeling, does not look at the material and can move positive relationships in society. Mutual respect, respect between fellow human beings, and giving help are values instilled in every religion (Muhajarah, 2016). All religious teachings have the same goal: peace and non-violence, mutual help, and forgiveness because all religions on this earth teach the goodness and peace of human Vol. 3 No. 2 December (2022) life .
Therefore, the problem of violence and terrorism is not something relevant if it is associated with Islam (Muhajarah, 2016a;Muhajarah, 2018). Because of their meaning alone, it has been shown that both are contradictory. Islam means peace and safety, so that will be contradictory if Islam and violence are juxtaposed simultaneously. Even paradox that's what appears when discussing problem this.
This does not mean that Islam substantially contains violent values. Still, the problem of violence and terrorism appears incidentally when interacting with religious texts, especially with regard to verses in the Qur'an that indicate violence in Islam (Muhajarah, 2019). Verses become more problematic when interpreted without seeing the situation and condition. So the formation ideology of violence and terrorism starts from interpreting its religious verse .
The most crucial problem in analyzing problematic violence in Islam is when relating it to text religion, and those are in the Qur'an and the Hadith of the Prophet Muhammad. Problematic violence will appear more paradoxical and crucial when base ideological on problematic than trying legitimized al-Qur'an. When violence and terrorism get legitimacy from religious texts, it will lead to a very risky conclusion; namely, Islam supports violence and terrorism. That conclusion possibility big could be achieved when the interpretation of verse al-Qur'an is conducted by arbitrarily and textual and does not heed the situation and condition incident historically from a determination of law. From the interpretation here, ideology violence is built with quibble that al-Qur'an alone gives legitimacy and command to action violence and terrorism. The irony again, with existence interpretation unilateral, will give birth to stereotyping towards Islam as a blocker of tolerance and kingpin of world terrorism. This is where the hermeneutics of Jurgen Habermas tries to review the problem of interpretation of these verses, especially about the theory of communication actions which will be used as an analytical knife in this study. So there are some anxiety or problem formulations that are the subject of the study as well as being a limiter of the study. Among the formulation of the problem are; how to read verse jihad without instrumental interpretation and more developed paradigm hermeneutics communicative. A constructed interpretation from braid more relationship humane, deep relation that expected will bear from a desire for attitude each other respect, protect and care for each other understand.

Jürgen Habermas's Hermeneutical Studies
Habermas' hermeneutics is dialectical hermeneutics, in which the subject (hermeneut/interpreter) and object (which is interpreted) have the right to present themselves openly. There is no domination because there is dynamic-constructive criticism. This critical-communicative discourse can be a valuable lesson in developing Islamic studies, especially in interpreting the Qur'an.
As supported by Harun Nasution in realizing a communicative Qur'an, humans are given the freedom to interpret the Qur'an, regardless of the Qur'an's superstitions, which are already considered holy and even anti-critic. The truth of the Qur'an is the truth according to human standards. The Qur'an cannot show its truth without including the human view of truth. So the truth of the Qur'an is a human truth (Muhajarah & Hayyuningtyas, 2022). It is only natural that humans are given space in interpret the Qur'an (Muhajarah, 2016b).
Harun Nasution argues that the Qur'an is imperfect (in quotes). The reason is, first, the verses of the Qur'an that speak in the aspects of science, technology, and socialism, are not systematically and comprehensively -if not to say they do not exist. Second, there are benefits if the Qur'an is not perfect. Because that is where the divine message is implied, namely, dynamic human beings (Nasution, 2015: 21-28).
Basically, Habermas' hermeneutics cannot be separated from the concept of understanding (verstehen) and explaining (eklarung) as proposed by Dilthey from the start. These two terms are very meaningful and important to him. Eklarung's focus is on being able to explain issues related to the natural sciences, while Verstehen's focus is on issues related to Geisteswissenschften (humanitarian sciences or social studies).
However, Habermas maintains that earlier critical theory has failed to explain the broader conception of ratio. The solution proposed by Habermas is to change the emphasis of philosophy from subject-object relations to intersubjective communication in his book Knowledge and Human Interest, he states that the existence of society depends on two actions: work or instrumental action and social interaction or communicative action, these two forms of action form the principle of different human interests. This in turn will lead to the formation of a completely different kind of knowledge. Hermeneutics and critical assessment methods whose purpose is to understand the other party are born from communicative action. While the study of empirical analysis which aims to control the processes that occur objective knowledge is born from instrumental action (Nasir, 2004: 34).
According to Habermas, the problem of communication is a fundamental problem that affects the construction of hermeneutic thinking considering that hermeneutics itself is always in the context of communication. Habermas emphasizes the existence of continuous communication and dialogue to create a common understanding or consensus about a matter (Sumaryono, 2019: 94). Habermas's thinking has come out of the traditional philosophical framework that focuses on "consciousness" towards "language" as a means of communication, as well as the basis for the theory of "communicative action" which is formulated (Supena, 2022: 135).
The theory of "communicative action" which has been conceptualized by Habermas influenced his view of the method of understanding in hermeneutics.
According to Habermas, "to understand" means to understand the meaning according to tradition, so that a meaning will be found if the hermeneut understands the meaning of his time. Therefore, the task of hermeneutics is to communicate the two worlds of meaning and the results of their interpretation are needed to understand social behavior that is directed by the meanings that apply today (Sumaryono, 2019: 94).
According to Habermas, "communicative interaction" is an autonomous space that allows a historical cultural tradition to be transmitted and social relations to be regulated institutionally. Through the idea of "communicative interaction", Habermas intends to make a paradigm shift in understanding the dimensions of praxis from the "work" paradigm to the "communication" paradigm. This is the difference between Habermas's thoughts and those of the previous characters. As before, Hegel distinguished the interpretation of work and language (interaction) in the context of his idealistic philosophy. Hegel interprets work and language in the context of the self-formation (Bildungprozess) of spirit or ratio to be absolute. However, by Karl Marx, the process of self-formation was placed in the historical context of an empirical society (Supena, 2022: 116). Although Marx still recognized the difference between work and communication, Marx put too much emphasis on work, while the field of interaction was not understood.
In Habermas' view, every action is teleological and purposeful. Because an actor will take actions that are expected to produce success and certain goals in the end (Schecter, 2010: 186). This social action also requires the interaction of two or more social action agents to achieve understanding and coordination. In realizing this coordination and understanding, Habermas divides two mechanisms of social action; (1) consent (consensus), (2) influence. Agreement requires an understanding between two agents in interpreting a condition. In this approval or licensing process, an intersubjective dialogue is built. Meanwhile, the influence process is through the mechanism of persuasion and is very vulnerable to domination and discrimination (Owen, 2012: 35-36).
Fundamentally, this theory of communicative action contains the idea of distinguishing between two concepts of rationality that compose a knowledge in order to direct an action (Fitri & Muhajarah, 2021). First, success-oriented cognitiveinstrumental rationality. And second, communicative rationality which emphasizes the goal to understand each other which is conceptualized as a process to reach agreement between subject conversations to harmonize interpretations (Pusey, 2021: 109).
According to Habermas, in understanding the meaning of the "interlocutor", it takes an effort called validity claims. The claims (testimony/consensus) are divided into four types, namely: 1). Claims of Truth, namely agreements about the natural and objective world. Objective validity that "What I say is true or in accordance with facts". 2). Claims of Rightness, namely agreement about norms in the social world.

Claim of Sincerety) the congruence between one's inner world and one's expressions
Intersubjective validity that "I am doing what is right for me in a given environment".

4)
Claim of Comprehensibility, namely the ability to explain the various claims and reach agreement Comprehensive validity is agreement between various communicating subjects (Habermas, 2017: 37).
It can be emphasized, that "understanding" in Habermas' view requires dialogue, because the process of understanding is a process of "cooperation" in which Vol. 3 No. 2 December (2022) questions relate to each other simultaneously in the world of life (lebenswelt) which includes the objective world, the subjective world and the social world. The objective world is the totality of all truths that make true statements possible. The social world is the totality of all interpersonal or personal relationships that are considered legitimate and orderly. The subjective world is the totality of the experience of the object of speech or "my own world", "my own experience" (Kaelan, 1998: 98).
Dialogic theme in theory of communicative action can found in reflection hermeneutics, because when the interpreter makes analysis, he permanent is at at level action communicative with interact aspect language, action and experience. in between third aspect that language get prime place. However thus, for reach understanding with intermediary language required direction, that is sort of mechanism coordinated action, so that even though use consensus certain, the interpreter can coordinate herself going to certain direction destination (Sumaryono, 2019: 87-88).

The Verses of Jihad
Etiquette deal with problem violence specifically jihad in al-Qur'an, there will be two sides to the problem. In one side al-Qur'an instruct for be patient and apply fair to group that opposite with Islam (Muhajarah & Mudhofi, 2021). On the other side, actually there is the verse that negate and command Muslims for fighting people who none in line with Islam . This is what becomes location problem in respond and interpret this verse. Before more far analyze this problematic then will be included a number of verses in al-Qur'an yang indicates existence order violence and terrorism in al-Qur'an or verse qital (Muhajarah, 2020). Next from this verse of jihad is what is made as tool legitimacy for fundamentalists for doing violence and terrorism, they are: When already finished those forbidden months, then kill the polytheists anywhere you see you them, catch them, take them, and spy on the place reconnaissance. If them repent and build pray and pay zakat, then give freedom to them for walking Indeed, God is great Forgiver again Maha Loving." (QS. at-Taubah, 9: 5) The verses above are known as 'saif verses' or sword verses and these verses are considered as a legitimate tool to carry out acts of violence against non-Muslims.
Muslims and things to judge violate Islamic law.
It will be even more problematic when the verse is confronted with verses that command peace, namely: "So forgive and let it go they, until God brings His command. Truly God is great power above everything something." (QS: al-Baqara, 2: 109) And if God had willed, they would not have been associated with them, and We would not have made you a guardian over them, and you would not be a guardian over them" (QS: al-An'am, 6: 107).   (Zayd, 2018: 89). Those phenomena are representation from ideology and attitude Muslims against non-Muslims.

Analysis of the Interpretation of the Verses of Jihad
It seems that the verses of jihad will forever lead to violence and hinder the construction of peace between religious communities, as long as the interpretation is built from an attitude of hostility, condescension and suspicion towards adherents of other religions, and the same is true for other religions. Supposition of a new approach is necessary in interpret verse of jihad by specifically and religious texts general related with relation with followers of other religions (Streusand: 1997;Hasan: 2006). Approach is that me born? a more tolerant paradigm, inclusive, and open for difference opinion and more for difference belief. Approach this will give a street new in deal with text vulnerable religion to problem violence (Muhajarah, 2018b).
Through Habermas's theory of hermeneutics, especially with regard to communicative (dialectical) actions, it will provide a hope to change the paradigm that has been rampant among clergy. Theory action communicative, as discussed next, will give a paradigm in interaction between people diverse religions. This theory will give view new for the followers of other religions in see arrangement the reality that lasts this only divided two; evil and good.
Habermas thought that would study in this paper is development of public communicative. So that the suppressor is how build a capable ratio rely on public communicative. A action capable realized in level reality when action the has go through the process interpretation to situation. From the process of analyzing and interpreting situation next will give birth to an action (Owen, 2012: 35). Even score from action the will very depends on the underlying ratio interpretation process, so that ratio that only prioritize success and success will very susceptible for To do domination and discrimination. Importance Habermas 's thinking lies at this point.
With start analyze ratio so score from the action will look. Action is reflection from paradigm base thinking someone, and paradigm the is built from interpretation to the situation that there is.
Overview of the third form above interpretation could said as representation attitude each group in Islam when interact with non-Muslims. Complexity from problem this the more increase because received or whether or not third the opinion above, is also very influenced by policy political from development interpretation that Mu'tazilah for example, is one sect in discriminated Islam consequence existence discrimination intellectual from opponent debate them. One form from discrimination intellectual is naming sect that alone with The Mu'tazilites who simple could interpreted as the moving group go from crowd. Finally naming this manipulated as the group that move from truth (Nassyar, 2015: 376). So that phobia occurs and when follow or adhere to opinion them.
Representation majority Muslims are in opinion first and second, however sadly Becomes a ideology in formation attitude interactive between religious people.
Exclusive interpretation in deal with difference and plurality. Muslims in second the opinion above is chosen people from God, in charge for fight and stop all shape and type kufr above this earth. Ideology this will very thick with dimensions less exclusivity value difference. With this exclusive ideology, differences are not seen as a result of cultural wealth, but differences are an anomaly that must be avoided, in order to realize an absolute unification in every aspect of life.
However, the Mu'tazilites emphasized the universal value and holistic value of the message of the Qur'an. So that the Mu'tazilah are not in a hurry in establishing a certain law in the Qur'an, regardless of the situation and context in which the law applies. In other words, in determination law a order in the Koran, no necessarily applied without through analysis logical to relevance law the with situation, conditions and context from that law. With existence contextualization to every order in the Qur'an, then relevance Al-Qur'an will the more seen with clear. This no means that application law in the Qur'an could conducted with arbitrarily and at will heart. However, contextualization the must pass qualification certain one among them, that determination law the must conducted based on observation on reality that has happen. In addition, the contextuality of certain verses in the Qur'an must be based on and sourced from historical events that occurred at the time of the Prophet, or at least the implications of certain events. In short, a command in the verse of the Qur'an must have: potency for contextualized or relevant with situation and conditions certain (Muhsin, 1996: 15-16).
There is a potential contextuality to the law in the jihad verses above. This is reinforced by the opinion of the Mu'tazilah that the particular message cannot erase the law contained in the universal message. This means that the message contained in the jihad verse is particular and cannot erase the universal message contained in the peace verse. Because, God wills for the plenary goodness on this earth, and one of the forms of the plenary goodness is the creation of peace between human beings. Thus the message of peace is a universal message that cannot be abolished or legalized by a particular and temporal jihad order.
In Habermas' theory, the real function of instrumental rationality is to determine the appropriate means to achieve certain goals. Thus, means only remain means and never serve as ends. But at a crisis level, the means turn into goals and even goals are forgotten due to the importance of achieving success. If this concept is applied in reading the verses of jihad, then on a normal level, jihad is only a means of self-defense in order to achieve the goals of peace and social stability (Bayne, 2015). Meanwhile, at the extreme level, jihad is no longer a means, but has turned into a goal.
The jihad was once only a suggestion instrument in achieving the goals of the peace process between Muslims and non-Muslims. Instead, his position changed to a goal, jihad turned into a goal to dichotomize right and wrong, disbelievers and believers, lucky and losers and winners and losers. In fact, peace, which is a fundamental value in every religion, cannot be placed in the right position (Muhajarah & Fabriar, 2021).
Beside that, goal from religion in the form of peace and justice equally for people human, embodied with means certain. Now destination the already no capable seen again in social reality. In fact, there is a reversal, the instruments that were previously used to achieve the goals of religion, have now become the center of religious goals (Muhajarah, 2019). Religious doctrines and teachings are actually intended to support rationalization means in reach purpose. That is, religious doctrine is intended to legitimize violence by using religious texts, either in the form of one-sided interpretations or worse, manipulation of the text with a specific purpose.
From the interpretation of the jihad verse that has been described previously, it can be seen that the opinion that says the jihad verse cancels the legal content of the peaceful verse has been infected by the instrumental paradigm. This opinion no longer heeds the purpose of religion itself, namely peace and justice that is equitable for mankind. The value contained in the verse of peace no longer has meaning, because verse the no capable offer success or even superiority in monopolize truth.
With make verse jihad as shield, then seen group this attempted to do dogmatization Be found explanatory verses about the character of Islam as a preaching religion that states that no there is coercion in religion. Nope there is one even a verse in the Qur'an that says that war that intended for force people to converted to Islam. That's one of them conclusion from research Sheikh Mahmud Syaltut, inside His book is al-Qur'an wa al-Qital. Sheikh Syaltut also explained that purpose war is for stop tyranny and persecution, for create peace and religious tranquility.

Conclusion
Through Jurgen Habermas's view, it would presuppose the formation of a relationship intersubjective in the social public. Action communication aims to reach an understanding between individuals. Relation with religious tolerance, expected communication is an inner dialogue reach deals with claim accuracy in the underlying value of each religion. It means building a deal with every religion, that peace that is beautiful and that bad violent. Claim this necessary for an interactive dialogue that explores values holistic religious, but avoid discussing claim considered truth as certain religious doctrines that do not could negotiable again. When that is applied in the interpretation of verse war, then our conclusion is hope is the universal value contained in verse peace no could remove with verse war, even verse fight actually that must is temporal.