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All Journal Jurnal CENDIKIA ISNU Jurnal Cendikia ISNU SU
Zulfikri
Universitas Grenoble France
Religion Arts Humanities Law, Crime, Criminology & Criminal Justice

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Maqashid al-Shariah as a Paradigm of Contemporary Islamic Legal Theory Zulfikri; Sofwan Tambunan; Zaini Munawir; Ahmad Senang
Jurnal Cendikia ISNU SU Vol. 2 No. 3 (2025): Vol.2 No.3 Desember 2025
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i1.1477

Abstract

Maqashid al-shariah is a fundamental concept in Islamic law that explains the purpose of establishing sharia to realize human welfare. In the development of modern Islamic legal thought, this concept is increasingly gaining attention as a methodological approach in understanding Islamic law more contextually. This study aims to analyze the basic concept of maqashid al-shariah, the development of its thought in the tradition of classical scholars, and its relevance as a paradigm in the development of contemporary Islamic legal theory. This study uses a qualitative approach with a literature study method through a conceptual analysis of classical and modern literature on maqashid al-shariah. The results of the study indicate that the concept of maqashid al-shariah has been formulated systematically by scholars of the usul fiqh, especially Abu Hamid Al-Ghazali and Abu Ishaq Al-Shatibi, who emphasize that the main purpose of sharia is to maintain human welfare through the protection of five basic needs. In the development of modern thought, this concept was then expanded by thinkers such as Muhammad al-Tahir Ibn Ashur and Yusuf al-Qaradawi so that maqashid was not only understood as a theory in the principles of fiqh, but also as a methodological paradigm in formulating more contextual Islamic law. In conclusion, maqashid al-shariah has significant relevance as a paradigm in the development of contemporary Islamic legal theory because it is able to explain the relationship between the text of the sharia and the beneficial objectives to be realized. Therefore, the maqashid approach needs to continue to be developed in the study of Islamic law so that it can make a more adaptive contribution to the dynamics of modern society.
Maqashid al-Shariah as a Paradigm of Contemporary Islamic Legal Theory Zulfikri; Sofwan Tambunan; Zaini Munawir; Ahmad Senang
Jurnal Cendikia ISNU SU Vol. 2 No. 3 (2025): Vol.2 No.3 Desember 2025
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i1.1477

Abstract

Maqashid al-shariah is a fundamental concept in Islamic law that explains the purpose of establishing sharia to realize human welfare. In the development of modern Islamic legal thought, this concept is increasingly gaining attention as a methodological approach in understanding Islamic law more contextually. This study aims to analyze the basic concept of maqashid al-shariah, the development of its thought in the tradition of classical scholars, and its relevance as a paradigm in the development of contemporary Islamic legal theory. This study uses a qualitative approach with a literature study method through a conceptual analysis of classical and modern literature on maqashid al-shariah. The results of the study indicate that the concept of maqashid al-shariah has been formulated systematically by scholars of the usul fiqh, especially Abu Hamid Al-Ghazali and Abu Ishaq Al-Shatibi, who emphasize that the main purpose of sharia is to maintain human welfare through the protection of five basic needs. In the development of modern thought, this concept was then expanded by thinkers such as Muhammad al-Tahir Ibn Ashur and Yusuf al-Qaradawi so that maqashid was not only understood as a theory in the principles of fiqh, but also as a methodological paradigm in formulating more contextual Islamic law. In conclusion, maqashid al-shariah has significant relevance as a paradigm in the development of contemporary Islamic legal theory because it is able to explain the relationship between the text of the sharia and the beneficial objectives to be realized. Therefore, the maqashid approach needs to continue to be developed in the study of Islamic law so that it can make a more adaptive contribution to the dynamics of modern society.
Problems of Legal Protection of Contract and Outsourcing Workers After Law Number 6 of 2023 concerning Job Creation Vania Andari Damanik; Zayyan Tsabitah Panjaitan; Layla Witra; Zulfikri
Jurnal Cendikia ISNU SU Vol. 1 No. 2 (2024): Vol 1. No 2 Sept 2024 : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v1i2.249

Abstract

The development of an increasingly flexible labor relations system through the implementation of Fixed-Time Work Agreements (PKWT) and outsourcing after the reform of Job Creation regulations has raised a debate about the effectiveness of legal protection for workers in Indonesia. On the one hand, the policy aims to increase investment competitiveness and business efficiency, but on the other hand, it raises problems related to job security, the fulfillment of normative rights, and the balance of industrial relations. This study aims to analyze the problems of legal protection for contract and outsourcing workers in the Indonesian labor system after the reform of Job Creation regulations. This research is a normative legal research using a legislative approach and a conceptual approach. The legal materials used are primary, secondary, and tertiary legal materials that are analyzed qualitatively descriptively with a deductive conclusion method. The results of the study show that regulatory reform through Law Number 6 of 2023 provides wider flexibility on the use of PKWT and outsourcing, but has not been fully followed by the strengthening of legal protection mechanisms for workers. The elimination of restrictions on the types of work that can be outsourced, weak labor supervision, and unclear responsibilities in outsourcing employment relationships still have the potential to reduce legal certainty and the protection of workers' rights. The Constitutional Court Decision Number 27/PUU-IX/2011 remains the constitutional basis that the implementation of outsourcing must guarantee workers' rights. Therefore, the effectiveness of legal protection requires a balance between the flexibility of employment relationships, legal certainty, and the strengthening of law enforcement in the Indonesian labor system.
Problems of Legal Protection of Contract and Outsourcing Workers After Law Number 6 of 2023 concerning Job Creation Vania Andari Damanik; Zayyan Tsabitah Panjaitan; Layla Witra; Zulfikri
Jurnal Cendikia ISNU SU Vol. 1 No. 2 (2024): Vol 1. No 2 Sept 2024 : JCISNU
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v1i2.249

Abstract

The development of an increasingly flexible labor relations system through the implementation of Fixed-Time Work Agreements (PKWT) and outsourcing after the reform of Job Creation regulations has raised a debate about the effectiveness of legal protection for workers in Indonesia. On the one hand, the policy aims to increase investment competitiveness and business efficiency, but on the other hand, it raises problems related to job security, the fulfillment of normative rights, and the balance of industrial relations. This study aims to analyze the problems of legal protection for contract and outsourcing workers in the Indonesian labor system after the reform of Job Creation regulations. This research is a normative legal research using a legislative approach and a conceptual approach. The legal materials used are primary, secondary, and tertiary legal materials that are analyzed qualitatively descriptively with a deductive conclusion method. The results of the study show that regulatory reform through Law Number 6 of 2023 provides wider flexibility on the use of PKWT and outsourcing, but has not been fully followed by the strengthening of legal protection mechanisms for workers. The elimination of restrictions on the types of work that can be outsourced, weak labor supervision, and unclear responsibilities in outsourcing employment relationships still have the potential to reduce legal certainty and the protection of workers' rights. The Constitutional Court Decision Number 27/PUU-IX/2011 remains the constitutional basis that the implementation of outsourcing must guarantee workers' rights. Therefore, the effectiveness of legal protection requires a balance between the flexibility of employment relationships, legal certainty, and the strengthening of law enforcement in the Indonesian labor system.
Co-Authors Ahmad Senang Layla Witra Munawir, Zaini Sofwan Tambunan Vania Andari Damanik Zayyan Tsabitah Panjaitan