Karimiyah
Vol 4 No 1 (2024): Karimiyah

PENERAPAN PRINSIP MAQASHID SYARIAH DALAM PERUNDANG-UNDANGAN DI INDONESIA

Jauhari Jauhari (STIU Dirosat Islamiyah Al-Hikmah)



Article Info

Publish Date
04 Jun 2024

Abstract

Islamic law has a central position in the life of the majority of Indonesian society. Maqashid Sharia, the fundamental principles in Islamic law, became the main purpose of establishing law and became the foundation for the benefit of mankind. This study investigates the application of Maqashid Sharia in legislation through three research methods, namely normative, socio-legal, and literature legal research. The results showed a gap between theory and practice in the application of Maqashid Sharia. Although efforts have been made to integrate the principles of Maqashid Sharia in legislation, their implementation is limited and often influenced by local factors, madhhab, and socio-political context. As many as 40% of the public have a good understanding of Maqashid Sharia, while 60% of respondents, including judges and lawmakers, tend to interpret it according to the Shafi'i school. Therefore, serious efforts are needed in socialization, education, and integration of Maqashid Syariah in the legal system and law enforcement practices in Indonesia. This integration requires a systematic and measurable approach, where the textual approach provides a strong foundation of religious sources, the contextual approach ensures relevance and successful implementation, the participatory approach increases accountability and transparency, and the comparative approach allows the adoption of the best models from other countries

Copyrights © 2024






Journal Info

Abbrev

karimiyah

Publisher

Subject

Arts Humanities Education Social Sciences Other

Description

Karimiyah : Journal of Islamic Literature and Muslim Society eISSN 2827-7937, pISSN 2830-3970 is a Peer Reviewed, Open Access International Journal. Notably, it is a Referred, Highly Indexed, Monthly, Online International Journal with High Impact. Karimiyah : Journal of Islamic Literature and Muslim ...