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All Journal AL-HUKAMA´ Academica: Journal of Multidisciplinary Studies
Rahmad Setyawan
UIN Sunan Kalijaga Yogyakarta
Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Najmuddīn Al-Tūfī's Thoughts on The Dynamics of Inheritance Law 2:1 Perspective of Maṣlaḥah Rahmad Setyawan; Muhaman Taufik Kustiawan
AL-HUKAMA': The Indonesian Journal of Islamic Family Law Vol. 11 No. 2 (2021): Desember 2021
Publisher : State Islamic University (UIN) of Sunan Ampel

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alhukama.2021.11.2.85-114

Abstract

Islamic hereditary law in the reality of human life demands legal dynamism to vouch for the flexibility and adaptability of genetic law following the characteristics of modern Muslim societies. This article elaborates on the dynamics of the 2: 1 inheritance law between heirs, male and women, from the perspective of the maṣlaḥah of Najmuddīn al-Ṭūfī. To analyze the conception of inheritance 2:1 division, this study attempts to dissect it with the theory of maṣlaḥah Najmuddīn al-Ṭūfī. The studies and analysis have been discovered, resulting in the conclusion that the dynamics of the 2: 1 hereditary law has been subject to embodying the benefits properly. In the view of Najmuddīn al-Ṭūfī, the help is the goal of sharia, even the highest argument if it is contradicted between text and maṣlaḥah. This view, when applied to the verse of the Holy Qur'an, An Nisa (4): 11, will open up opportunities for responsive reinterpretation. Based on this concept, it is understood that deviating from the law of text in the distribution of inheritance is permissible to create benefits for the heirs and avoid disputes.
The Paradigm Shift of Maqāṣid al-Syarī’ah in Contemporary Society: From Protection to Development Ilham Abdi Prawira; Rahmad Setyawan; Fahlul Ulum Ahmad Adnani
Academica: Journal of Multidisciplinary Studies Vol. 9 No. 2 (2025): July-December 2025
Publisher : Universitas Islam Negeri Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/academica.v9i2.14126

Abstract

Maqāṣid al-Syarī‘ah is the philosophical foundation of Islamic law that aims to realize welfare and prevent harm in human life. However, the classical formulation of maqāṣid al-Syarī’ah, which focuses on protecting the five basic needs (al-Dharūriyyāt al-Khams), faces serious challenges in responding to the complexities of contemporary society. Objective: This article aims to analyze the paradigm shift of maqāṣid al-Syarī’ah from a protection and preservation approach to a development and rights-based approach. Method: Using qualitative-descriptive methods through a literature review, this study examines the contributions of Ibn ‘Asyur and Jasser Auda’s thought in reconstructing the maqāṣid al-Syarī’ah as an adaptive and systemic framework for Islamic legal philosophy. Results: The results show that contemporary maqāṣid al-Syarī‘ah is no longer limited to individual interests but extends to universal values ​​such as social justice, human rights, religious freedom, and collective well-being. Conclusion: This article asserts that contextualizing the maqāṣid al-Syarī‘ah is a methodological necessity to maintain the relevance of Islamic law in addressing social, legal, and humanitarian challenges in the modern era.
Co-Authors Fahlul Ulum Ahmad Adnani Ilham Abdi Prawira Muhaman Taufik Kustiawan