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All Journal Indonesian Journal of Islamic Literature and Muslim Society Mazahibuna: Jurnal Perbandingan Mazhab Indonesian Journal of Islamic Literature and Muslim Society
Athambawa, Mahroof
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AL IHTILAF AL-FIQHI WA TAUDZIF FI QADHAYA MA`ASHIRA Athambawa, Mahroof
Indonesian Journal of Islamic Literature and Muslim Society Vol 4, No 2 (2019)
Publisher : IAIN Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/islimus.v4i2.2101

Abstract

This research  Paper Studies the issue of "jurisprudence differences" and ways of Employing them in contemporary issues, which is an important issue in the present day, Because There  are People such as Orientalists and Prejudiced who view the reality of jurisprudence differences as a gap that defects the structure of Islamic jurisprudence and then come to the conclusion that it is merely comprising  a group of human thoughts and not a living revelation from Almighty God as it is believed ,However, the reality that should not be forgotten by the Thinker who is free from intellectual biased precedents, that the jurisprudential differences arising from the derivation of the scholars who had profound knowledge with the sincerity of religious commitment and Devotion to God is the Outcome of approach intended By Allah and used to Derive  Islamic Judgments from the Quran and the Sunnah. Jurisprudential differences are a function established  by the god for the scholars  in order to take care of the interests of the people and fulfill their innate needs, but the question arises what are the best approaches to take advantage of this rich scientific heritage in our contemporary issues, this  research provides a detailed treatment of this issue and lead to the results that can be utilized in the development of jurisprudential work in the present day.
Ijtihād Maqāṣidī and Legal Adaptation: A Comparative Analysis of Contemporary Islamic Jurisprudence in Responding to Emerging Issues Athambawa, Mahroof
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 7 ISSUE 1, JUNE 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mazahibuna.vi.54378

Abstract

This study aimed to examine the significance of ijtihād Maqāṣidī in contemporary Islamic jurisprudence, focusing on its role in addressing legal and ethical dilemmas. The study explored how Islamic law remains adaptive and relevant in modern contexts by analyzing different scholarly perspectives on Maqāṣid al-Sharīʿah. A qualitative method was adopted, utilizing doctrinal analysis and comparative methodology. Primary and secondary Islamic legal sources, including classical and contemporary juristic opinions, were analyzed to evaluate different schools of thought regarding ijtihād Maqāṣid. Additionally, case studies such as the COVID-19 pandemic and the moon sighting debate were examined to show practical applications of Maqāṣid in Islamic legal reasoning. The result showed three primary methods among contemporary scholars, namely (1) scholars who consider Maqāṣid as an independent legal proof, (2) those who limit Maqāṣid only to explicitly supported textual evidence, and (3) the moderate scholars who integrate textual sources with Maqāṣid to develop balanced legal rulings. The result reflected the strengths and weaknesses of each method, showing how Maqāṣid-based reasoning improves the adaptability of Islamic jurisprudence. This study provided a comprehensive examination of Maqāṣid’s role in contemporary Islamic legal thought, offering a distinct understanding of ijtihād Maqāṣidī beyond traditional jurisprudential analyses. By integrating historical and modern perspectives, the results contributed to ongoing debates on the evolution of Islamic legal methodologies. Furthermore, there was a need for incorporating ijtihād Maqāṣid in modern legal discourse to ensure that Islamic law remained relevant and effective in addressing new societal challenges. This study also advocated for a structured application of Maqāṣid in judicial and legislative frameworks, promoting further investigation into its potential in legal reform and policy-making in Islamic jurisdictions.
AL IHTILAF AL-FIQHI WA TAUDZIF FI QADHAYA MA`ASHIRA Athambawa, Mahroof
Indonesian Journal of Islamic Literature and Muslim Society Vol. 4 No. 2 (2019): December 2019
Publisher : UIN Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/islimus.v4i2.2101

Abstract

This research  Paper Studies the issue of "jurisprudence differences" and ways of Employing them in contemporary issues, which is an important issue in the present day, Because There  are People such as Orientalists and Prejudiced who view the reality of jurisprudence differences as a gap that defects the structure of Islamic jurisprudence and then come to the conclusion that it is merely comprising  a group of human thoughts and not a living revelation from Almighty God as it is believed ,However, the reality that should not be forgotten by the Thinker who is free from intellectual biased precedents, that the jurisprudential differences arising from the derivation of the scholars who had profound knowledge with the sincerity of religious commitment and Devotion to God is the Outcome of approach intended By Allah and used to Derive  Islamic Judgments from the Quran and the Sunnah. Jurisprudential differences are a function established  by the god for the scholars  in order to take care of the interests of the people and fulfill their innate needs, but the question arises what are the best approaches to take advantage of this rich scientific heritage in our contemporary issues, this  research provides a detailed treatment of this issue and lead to the results that can be utilized in the development of jurisprudential work in the present day.
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