Jurnal Kajian Hukum dan Sosial
Vol 19 No 1 (2022)

Maqashid al-Sharia in the Study of Hadith and its Implication for the Renewal of Islamic Law: Study on Jasser Auda’s Thought

Ahmad Syafi'i Sulaiman Jamrozi (Faculty of Sharia, Institut Agama Islam Sunan Giri, Ponorogo)
Suad Fikriawan (Faculty of Sharia, Institut Agama Islam Sunan Giri, Ponorogo)
Syamsul Anwar (Faculty Shari and Law, UIN Sunan Kalijaga, Yogyakarta)
Misnen Ardiansyah (Faculty of Economic & Islamic Business, UIN Sunan Kalijaga, Yogyakarta)



Article Info

Publish Date
26 Jun 2022

Abstract

This article examines Jasser Auda's maqashid approach to studying hadith and its implications for the renewal of Islamic law. Generally speaking, one way to better understand the purpose of the hadith is through contextualizing the Prophetic narrations (hadith), primarily when the scripture cannot be understood textually. Using a descriptive-analytic and critical approach, this study showed that the conception of Auda’s maqashid could solve the problem. First, in these terms, Auda offers a way of reading the scripture based on the intent in applying Islamic law and its implications when maqashid is a primary consideration in reading and applying the law. Second, the theoretical approach as a result of Auda's academic research is the validation of several ijtihad methodologies which will practically produce the Anthropocentric Maqashid, namely the Maqashid model considering the development of world governance thinking within the framework of nation-states on the one hand, and making human values such as freedom, equality, justice, democracy as a source of maslahah on the other. The logical consequence of this Anthropocentric Maqashid idea necessitates drawing legal conclusions (istinbath al-ahkam) based on maslahah, no longer on the text.

Copyrights © 2022






Journal Info

Abbrev

justicia

Publisher

Subject

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

Description

The journal aims to advance knowledge in Islamic legal studies within Muslim societies from various perspectives, enriching both theoretical and empirical research. It covers a range of subjects, including in-depth studies of living law in Muslim communities, legal negotiations on human rights, and ...