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All Journal Jurnal Akta SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam
Mohamad Abdun Nasir
State Institute for Islamic Studies (IAIN) Mataram
Law, Crime, Criminology & Criminal Justice Social Sciences

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Al-Mashlahah and Reinterpretation of Islamic Law in Contemporary Context Zuhdi, Muhammad Harfin; Abdun Nasir, Mohamad
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 8, No 3 (2024): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v8i3.24918

Abstract

Substantially, all Islamic law comes with a mission of benefiting humans, as the theory of al-mashlahah suggests. This article elaborates extensively on the theory of al-mashlahah in the discourse of Islamic legal thought from classical to contemporary times, starting from al-Ghazâli's theory of al-mashlahah in his book al-Mustashfa to `Izz al-Dîn ibn 'Abd al-Salâm’s concept of jalb al-manafi wa daf’u al-mafasid (taking benefit, refuting harm) and al-Shatibi with a comprehensive integralistic approach in his work al-Muwafaqat. Contemporary Muslim intellectuals, such as Ibn Asyur, Abdul Majid Al-Najjar, Jamaluddin 'Athiyah and Jasser Auda further develop this theory. This article finds that there is a continuous dynamic of Islamic legal methods related to the theory of al-mashlahah, which is used as an argument in the contemporary era, transforming into maqashid al-shariah. The reform in Islamic law mostly makes use of the maqashid as the basic paradigm, which covers not only individual but also social, communal and universal social benefits. In this context, Al-Najar, 'Athiyyah, and Jasser Auda offer new scope and dimensions of maqasid al-shari'ah theory to answer the problems of contemporary Islamic law.
Maqāṣid Al-Sharī‘Ah as the Basis for Reforming Islamic Family Law Legislation: A Comparative Study of Indonesia and Brunei Darussalam Marzuki, Marzuki; Abdun Nasir, Mohamad; Arifin Haji Munir, Zainal
JURNAL AKTA Vol 13, No 1 (2026): March 2026
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v13i1.49731

Abstract

This article analyzes maqāṣid al-sharī‘ah as a basis for reforming Islamic family law through a comparative study of Indonesia and Brunei Darussalam. The study begins with three main questions: how the principles of ḥifẓ al-dīn, al-nafs, al-‘aql, al-nasl, and al-māl serve as foundations for family law reform; the extent to which these principles are implemented in legislative policies and judicial practices; and how the differing legal-political frameworks of the two countries influence the effectiveness of maqāṣid application. This research employs a normative-comparative legal method with statutory, conceptual, and policy-analysis approaches. The findings show that Indonesia adopts an adaptive reform model through the integration of Islamic law into the national legal system, whereas Brunei implements a more normative and centralized model of sharī‘ah codification. The novelty of this study lies in utilizing maqāṣid as an evaluative instrument for family law politics, rather than merely as an ethical doctrine. The article concludes that maqāṣid al-sharī‘ah can serve as an effective methodological tool for formulating family laws that are responsive and oriented toward the protection of fundamental rights.
Co-Authors Arifin Haji Munir, Zainal Marzuki Marzuki Muhammad Harfin Zuhdi