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

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...

Full description

Saved in:
Bibliographic Details
Main Author: Nur Hasan
Format: Article
Language:Arabic
Published: Jurusan Syariah Fakultas Agama Islam Universitas Islam Sultan Agung Semarang 2020-04-01
Series:Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam
Subjects:
Online Access:http://jurnal.unissula.ac.id/index.php/ua/article/view/8044
Tags: Add Tag
No Tags, Be the first to tag this record!
Description
Summary: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.
ISSN:2597-6168
2597-6176