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All Journal AT-TAFAHUM: Journal of Islamic Law
Siregar, Ayu Juniaty
Tanjung Ubar Hasan Nauli Islamic Boarding School
Arts Humanities

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Muhammad Syahrur's Theory of Limitations as an Effort to Reform Islamic Law Siregar, Ayu Juniaty; Tanjung, Sahdia
AT-TAFAHUM: Journal of Islamic Law Vol 9, No 1 (2025)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v9i1.29125

Abstract

This study aims to examine the Theory of Limitations proposed by Muhammad Syahrur as an effort to reform Islamic law in facing the dynamics of modern society. This theory offers an interpretive approach that emphasizes the existence of minimum limits (hadd al-adna) and maximum limits (hadd al-a'la) in determining law, thus allowing flexibility in the application of sharia without deviating from the basic principles of the Qur'an. The research method used is a literature study with a qualitative approach, through an analysis of the works of Syahrur and literature related to contemporary Islamic legal thought. The results of the study indicate that the Theory of Limitations makes a significant contribution to the development of a more contextual and adaptive ijtihad methodology to social change. In addition, this theory also opens up space for a reinterpretation of Islamic law that is more responsive to modern issues such as social justice, gender equality, and human rights. Thus, the Theory of Limitations can be seen as an alternative in Islamic legal reform that seeks to bridge the gap between normative texts and empirical reality, without ignoring the fundamental values of Islamic teachings.
Comparison of the Concept of Maslahah in the Thought of At-Thufi and Al-Syathibi and its Relevance in Islamic Law Siregar, Ayu Juniaty; Solin, Rina
AT-TAFAHUM: Journal of Islamic Law Vol 8, No 2 (2024)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v8i2.29112

Abstract

This study discusses the comparative concept of maslahah in the thoughts of Najm al-Din al-Tufi (At-Thufi) and Abu Ishaq al-Syathibi and its relevance in the development of Islamic law. Maslahah as an important principle in ushul fiqh has a strategic role in establishing laws that are in accordance with human needs and changes in shari'a. At-Thufi tends to give a strong position to maslahah, even in certain conditions it can be prioritized over dzanni texts, especially in the realm of muamalah. Meanwhile, Al-Syathibi places maslahah as the main objective of sharia (maqasid al-shari'ah) which must remain within the corridor of the text and not contradict the qath'i argument. This study uses a qualitative method with a library research approach through analysis of classical and contemporary ushul fiqh literature. The results of the study show differences in epistemological approaches between the two, but both emphasize that maslahah is the core of the objectives of sharia. The relevance of both of their thoughts is very important in answering the dynamic and complex issues of contemporary Islamic law.
Co-Authors Solin, Rina Tanjung, Sahdia