Studi Fiqih dengan Pendekatan Maqoshid Al Syariah

Abstract

As a religion with a vision and mission to bring mercy to the universe and benefit mankind, Islam must have a responsive legal product that is able to respond to human problems. Islamic jurisprudence (fiqh) has experienced a shift in the construction and development of thought. Since the textual paradigm has collapsed and been replaced by a contextual paradigm, the development of Islamic legal thought has undergone a major breakthrough. However, the development of Islamic legal thought always goes hand in hand with the development of the era which brings various problems of life with it. Fortunately, new theories emerged not only in the method of establishing Islamic law but also in the legal approach, namely the approach to obtaining benefits (Maṣlaḥah/ Maqoshid Syariah) as the intent and purpose of the application of Islamic law. This study aims to harmonize and unify three elements: the objectives of sharia, legal products, and social reality. This research is a literature study through an extensive literature review. The findings in this study are expected to be able and relevant to create a middle way of fiqh that can interact with actual and contemporary human problems.