Jurnal Hukum Islam
Vol 16 No 2 (2018)

Maqasid Al-Syari’ah Mazhab Syafi’i dan Urgensinya dalam Ijtihad Kontemporer

Holilur Rohman (Unknown)



Article Info

Publish Date
15 Dec 2018

Abstract

This paper explores the aspect of maqasid al-shari’ah in the Shafi’i madhab (school of Islamic jurisprudence) and the urgency of the maqasid al-shari’ah (Islamic law objectives) of the Shafi’i madhab in the ijtihad (independent reasoning) of contemporary Islamic law. A qualitative descriptive approach was designed in this literature study. The present study promotes that the aspect of maqasid al-shari’ah in the Shafi’i madhab can be noticed in qiyas (analogical reasoning). The Shafi’i madhab concerns al-Juwaini’s (a prominent Sunni figure) ideas and thoughts to classify al-maslahah al-daruriyyah (primary interests), al- hajiyyah (secondary interests), and al-tahsiniyyah (complimentary interests). Likewise, al- Ghazali’s (another influential Mulism jurist) views on about al-daruriyyah al-khams (five categories of primary interests) in al-Mustasfa, his greatest work of the law, becomes the basic guideline on the Islamic law issuance in this school of thoughts. Maqasid al-shari’ah, the foundation for ijtihad, in the Shafi’i madhab is employed when a new issue has no legal considerations at all in the past and needs to possess a legal certainty, or there has been a decision, but it requires re-ijtihad since the legal decision does not confirm the current conditions. Additionally, the re-ijtihad is also attempted due to different aspects of public interests/benefits. It, therefore, needs a new consideration that differs from the previous law.

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Journal Info

Abbrev

jhi

Publisher

Subject

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

Description

Focuses on the issue of study Contemporary Islamic Law practices in Indonesia by multidisciplinary approach. This Journal specializes in studying the theory and practice of various topics are Islamic family law, Islamic criminal law, Islamic constitutional law, Islamic private law, Islamic economic ...