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All Journal ISLAMICA: Jurnal Studi Keislaman Mawaddah: Jurnal Hukum Keluarga Islam
Yasid Yasid
Universitas Islam Negeri Sunan Ampel Surabaya
Religion Education Law, Crime, Criminology & Criminal Justice

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Pancasila and Transnational Ideology in the Maqāṣid al-Sharī‘ah Perspective Yasid Yasid; Makhshushi Zakiyah; Moh. Asra
Islamica: Jurnal Studi Keislaman Vol. 16 No. 1 (2021): September
Publisher : Postgraduate Studies of Universitas Islam Negeri Sunan Ampel Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/islamica.2021.16.1.144-163

Abstract

This article seeks to explore the importance of maqāṣid al-sharī‘ah as a theory to address the develop-ment of Islamic law in the contemporary world. Following the need to respond to modern challenges in Muslim society, the theory of maqāṣid al-sharī‘ah needs to be worked out optimally so that the results of legal provisions do not shift from the primary objectives of the state and government formation. The fundamental goal is to create benefits for the nation and state. The trend of the emergence of nation-states with multi-ethnic, multi-racial, multi-cultural, even multi-religious populations demands the need for tools for sophisticated religious analysis such as the theory of maqāṣid al-sharī‘ah. In the context of a nation-state like Indonesia, maqāṣid al-sharī‘ah can be used as a theoretical perspective to determine the legal standing of the debate about Pancasila and transnational ideology, which has recently been widely discussed in the community. Pancasila is an agreement of the Indonesian founding fathers to maintain the unity and integrity of the nation amidst the diversities. This article describes the role of maqāṣid al-sharī‘ah in the study of the Islamic constitutional law, the dynamics of Islamic law, and the Pancasila as ideology of the state.
Reconstructing Islamic Legal Reasoning for Digital Transactions: Bin Bayyah's Maqāṣid al-Mu’āmalāt as a Framework for Resolving Juristic Disagreement Yasid Yasid; Husein Aziz; Muhammad Munir; Ahmad Musadad; Yunita Wulandari
Mawaddah: Jurnal Hukum Keluarga Islam ##issue.vol## 4 ##issue.no## 2 (2026): November
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v4i2.149

Abstract

The rapid expansion of digital economic transactions has given birth to legal divergences among scholars due to the contrast of the methodology of uṣūl al-fiqh. Although the contemporary Islamic legal literature is developing rapidly, the existing studies of maqāṣid al-sharī'ah are  still generally abstract-generic and focused on the dichotomy of formal legality, thus failing to provide an operational instrument to resolve legal disagreements. In contrast to previous studies that primarily focused on determining the feasibility of digital assets, this article explicitly reconstructs  Abdullah bin Bayyah's maqāṣid al-mu'āmalāt theory as an epistemological-operational framework for resolving legal disagreements. Bin Bayyah's thought deserves to be studied independently because it succeeds in integrating maqāṣid specifically into the verification of legal reasons (taḥqīq al-manāṭ al-shar'ī) and cyber reality (al-fiqh al-wāqi'ī). Applying a qualitative normative legal research design through conceptual and philosophical approaches, this study examines contemporary fatwas while separating juridical analysis of cryptocurrencies, NFTs, blockchain technology, and smart contracts. The results of the study show conceptually that legal disagreement stems from a rigid formalist-textualist approach that mixes contractual defects (gharar) and reasonable business risks (al-ghurm). Bin Bayyah's framework offers a graded approach that distinguishes between tolerable (gharar yasīr) and excessive (gharar fāḥish) uncertainty based on functional clarity and juridical certainty. Theoretically, this research contributes novelty in the form of an epistemological bridge that aligns textual ideality (naqlī) with empirical technological realities ('aqlī/wāqi'), while providing a methodological foundation for collective ijtihad in responding to future digital financial disruptions.
Co-Authors Ahmad Musadad Asra, Mohammad Husein Aziz Makhshushi Zakiyah Muhammad Munir Yunita Wulandari