Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam
Vol 3, No 2 (2020): Vol. 3, No. 2, April 2020

Relationship of Maqasid al-Shari’ah with Usul al-Fiqh (overview of historical, methodological and applicative aspects)

Nur Hasan (Universitas Islam Negeri Sunan Kalijaga, Yogyakarta)



Article Info

Publish Date
30 Apr 2020

Abstract

Studies on maqasid al-shari‘ah have been widely written and reviewed by researchers of Islamic law. Some have written about the maqasid al-shari‘ah’s concept, the figures’ thought, and its application to various Islamic law and social issues. As a new study, maqasid al-shari‘ah is widely studied in the context of renewing Islamic law, however little discuss about history of maqasid al-shari‘ah and relations with usul al-fiqh. Because historically, the birth of maqasid al-shari‘ah can’t be separated from development of usul al-fiqh through the scholars usul al-fiqh. As well as in terms of methodology, maqasid al-shari‘ah have a close relationship with method istinbāṭ al-Éhkām in usul al-fiqh,  as qiyās,  maslahāh al-mursālah, al-ÐarīÑah  and istihsān. While in terms of application, maqasid al-shari‘ah together with usul al-fiqh namely departing from the proposition of naqlī (revelation) and Ñaqlī (reason) which is global and analyzes various opinions in deciding Islamic law. It’s just that usul al-fiqh is dominated by linguistic aspects, meanwhile the maqasid al-shari‘ah emphasizes the divine aspect behind the law.  That’s why to see relationships among maqasid al-shari‘ah and usul al-fiqh, this research uses library research method or literature review by researching the main sources which discusses about relations maqasid al-shari‘ah and usul al-fiqh in terms of historical, methodological and applicative.

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Journal Info

Abbrev

ua

Publisher

Subject

Religion Humanities Social Sciences

Description

Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam (JUA) is focused to the examination of contemporary issues in Religious Studies through both qualitative and quantitative research methodologies across various domains, including social, religious, economic, cultural, political, and legal contexts. ...