Raden Rara Rita Erawati
UIN Sunan Gunung Djati Bandung

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Epistemological Parallels and Divergences: A Comparative Analysis of Legal Maxims and Fiqhiyyah Rules and Their Implications for Contemporary Jurisprudence Raden Rara Rita Erawati; Neng Yani Nurhayani; Erika Rishan Adillah
Jurnal Iman dan Spiritualitas Vol. 6 No. 2 (2026): Jurnal Iman dan Spiritualitas
Publisher : UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/jis.v6i2.52725

Abstract

This study aims to analyze the similarities and differences between legal maxims in the Western legal tradition and Islamic legal maxims from a comparative epistemological perspective. Using a qualitative literature study approach, the study explores the conceptual structure, sources, hierarchy, and theological, sociological, and juridical dimensions of both legal maxim systems. The results show that both serve as guidelines for legal reasoning and decision-making, providing a normative framework that guides consistency, fairness, and flexibility in legal practice. However, there are fundamental differences in their legitimacy and scope of application. Islamic maxims have a strong theological foundation, derived from the Qur'an, hadith, ijtihad, and scholarly consensus, and are structured in a systematic hierarchy from universal principles to applicable rules. These maxims also integrate vertical (human relations with God) and horizontal (human relations among humans) dimensions, thus creating a holistic and welfare-oriented legal approach. In contrast, legal maxims develop through jurisprudential practice and precedent, are more flexible, pragmatic, and focus on legal certainty and procedural justice in social interactions. This comparative analysis not only demonstrates functional similarities and normative objectives but also highlights the potential for epistemological integration between the two legal traditions. The research findings provide an important contribution to contemporary legal development, particularly in countries with pluralistic legal systems like Indonesia, where dialogue between Islamic and Western law can enrich national legal methodology, support the formation of adaptive, contextual, and equitable regulations, and equip practitioners and academics with more comprehensive insights.
From Profit Maximization to Maslahah Maximization: A Philosophical Reconstruction of Production and Consumption in Islamic Economics Raden Rara Rita Erawati; Ahmad Hasan Ridwan; Ayi Yunus Rusyana
Jurnal Iman dan Spiritualitas Vol. 6 No. 4 (2026): Jurnal Iman dan Spiritualitas
Publisher : UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/jis.v6i4.57180

Abstract

The dominance of the conventional economic paradigm—oriented toward profit and utility maximization—has given rise to various global issues, such as income inequality, the exploitation of natural resources, and rising consumerism. These conditions create a need for an alternative economic paradigm capable of balancing economic, ethical, and sustainability dimensions. Islamic economics offers a distinct conceptual framework centered on maximizing maslahah (public interest/well-being), grounded in the principles of tawhid (divine unity), justice, and maqāṣid al-sharī‘ah (the higher objectives of Sharia). This study aims to reconstruct the philosophical foundations of production and consumption in Islamic economics by examining the paradigm shift from a profit-oriented approach to one focused on maslahah. Employing a qualitative approach via a literature review, the study analyzes relevant national and international scholarly publications—particularly reputable works addressing Islamic economics, maqāṣid al-sharī‘ah, ethical consumption, and sustainable development. Data analysis was conducted through content analysis and the conceptual synthesis of various theoretical perspectives. The findings indicate that production in Islamic economics aims not merely to generate economic profit but also to achieve maslahah through the application of principles such as halal (permissibility), tayyib (wholesomeness), justice, social responsibility, and environmental sustainability. Meanwhile, consumption in Islamic economics is understood not solely as a means to satisfy individual desires, but as a pathway to achieving falāḥ (well-being in this world and the Hereafter) through the principles of moderation (wasatiyyah), the prohibition of isrāf (extravagance), and the strengthening of social solidarity. Integrating production and consumption within the maqāṣid al-syarī‘ah framework creates a value-based economic system capable of balancing individual and social interests. This study affirms that the maslahah maximization paradigm is highly relevant to addressing contemporary economic challenges, particularly regarding distributive justice, sustainable development, and holistic societal well-being. Therefore, the sharia economy can be positioned as an alternative paradigm offering a more equitable, inclusive, and sustainable model of economic development.