Istinbath : Jurnal Hukum
Vol 20 No 02 (2023): Istinbath : Jurnal Hukum

Telaah Maqashid Al-Syari'ah antara Penalaran Tekstual dan Kontekstual (Studi Deskriptif Analisis)

Sahidin, Amir (Unknown)
Kamaluddin, Imam (Unknown)



Article Info

Publish Date
15 Jul 2024

Abstract

This article starts from misunderstanding of some Muslims in reasoning maqashid al-syari'ah. Some of them argue that maqashid al-syari'ah is only what appears of the text to nash, so they reason the nash textually. As a result, Islamic law becomes rigid and it is easy to blame you. Some of them reasoned too much about maqashid al-syari'ah, thus canceling the text of the nash. As a result, he was brave enough to deconstruct a permanent Islamic law. Therefore, this article will examine maqashid al-syari'ah with a fair and moderate study (wasathiyah) that is not as extreme as textual or contextual reasoning. Through a library research study with a descriptive analysis approach, it was found that wasathiyah reasoning in maqashid al-syari'ah reasoning is to distinguish between worship and muamalat matters in terms of the intentions behind them; seek maqashid al-shari'ah before determining the law; and has the principle that the shari'a which is built on the qath'i argument will not conflict with benefit and common sense.

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Journal Info

Abbrev

istinbath

Publisher

Subject

Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Istinbath : Jurnal Hukum is Open Journal of Law, a Journal that contains legal-based scientific papers. Published by Sharia Faculty of IAIN Metro. Ever applied for accreditation in 2016. It is published twice a year in Mei and November. Istinbath Journal Law is a periodical publication of scientific ...