El-Faqih : Jurnal Pemikiran dan Hukum Islam
Vol 6 No 1 (2020): EL FAQIH

Konsep Maqasid Al-Shari‘ah Abdullah bin Bayyah

Miftakhul Arif (Institut Agama Islam Faqih Asy'ari (IAIFA) Kediri)



Article Info

Publish Date
09 May 2020

Abstract

This article is the result of the literature research on the concept of maqasid alshari‘ah according to Abdullah ibn Bayyah, a Muslim thinker from Mauritania, Africa. The results concluded several things as follows. First, the decline of Islamic law according to the Bayyah Bin is caused by three factors, namely: failure in seeing social reality, superficiality in understanding the nature of Islamic law, as well as error methodology. Secondly, to answer the problemabove Bin Bayyah put maqasid al-shari‘ah as the spirit of jurisprudence. Any law that does not bring the maqasid to the body without the spirit. Secondly, the maqasid al-shari‘ah should be placed in the framework of the Islamic law methodology, partnering with usul al-fiqh. The task of maqasid al-shari‘ah is as a guideline for the excavation of the law (istinbat), while the task of usul al-fiqh is to digest (indibat) maqasid al-shari‘ah so as not to be legalized. The maqasid al-shari‘ah approach, according to Bayyah Bin, also requires a middle position between the use of general evidence (Al-Kulliy) and special Evidence (Juz'iy), between text and context. In this way, maqasid al-shari‘ah is expected to present a religious fatwa that is compatible with social reality and bring the benefit of the people.

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Journal Info

Abbrev

faqih

Publisher

Subject

Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

Description

El-Faqih, Jurnal Pemikiran dan Hukum Islam, ISSN, 2503-314X ( Online) and 2443-3950 (Print) is a peer-reviewed journal published by the Faculty of Sharia, IAI Faqih Asyari Kediri. This scholarly periodical specializes in the study of Islamic law and seeks to present the various results of the latest ...