Maqāṣid Al-Shariah in the Contemporary Islamic Legal Discourse: Perspective of Jasser Auda

Walisongo: Jurnal Penelitian Sosial Keagamaan

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Title Maqāṣid Al-Shariah in the Contemporary Islamic Legal Discourse: Perspective of Jasser Auda
 
Creator Zaprulkhan, Zaprulkhan
 
Subject Islamic Studies; Islamic Law
Islamic jurisprudence; Islamic law; Jasser Auda; maqāṣid al-shariah; paradigm reconstruction; system approach

 
Description Nowadays, Muslims are facing various contemporary problems related to the discourse of fiqh or Islamic law. In this case, the old tradition of Islamic jurisprudence is no longer sufficient to answer those problems due to the changes in the context of space, time, culture, and contemporary sciences. Any effort to renew the aspect of methodology must be done in the field of uṣul al-fiqh not only in Islamic jurisprudence. This is the reason that methodological reconstruction is needed in order to make it is able to accommodate the various problems that are disturbing Muslims today. One of Muslim scholars who tried to reconstruct at the level of the methodology of maqāṣid al-shariah is Jasser Auda. For the purpose of reconstructing maqāṣid al-shariah fundamentally, Auda uses a philosophical approach that is multidisciplinary as well as open with various other relevant disciplines as a methodological framework for reforming the study of uṣul al-fiqh and Islamic law. Applying philosophical and historical approach this study found that Auda reconstructs maqāṣid al-shariah by offering six features: cognitive nature, wholeness, openness, interrelated hierarchy, multidimensionality, and purposefulness. Furthermore, Auda gives contribution to the development of Islamic law and human rights. This paper will explore reconstruction as well as the contribution of maqāṣid al-shariah promoted by Auda through the approach of the philosophy of the system.
 
Publisher LP2M - Universitas Islam Negeri (UIN) Walisongo
 
Contributor
 
Date 2018-12-03
 
Type info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
Peer-reviewed Article
 
Format application/pdf
 
Identifier http://journal.walisongo.ac.id/index.php/walisongo/article/view/3231
10.21580/ws.26.2.3231
 
Source Walisongo: Jurnal Penelitian Sosial Keagamaan; Vol 26, No 2 (2018); 445-472
2461-064X
0852-7172
 
Language eng
 
Relation http://journal.walisongo.ac.id/index.php/walisongo/article/view/3231/Maq%C4%81%E1%B9%A3id%20Al-Shariah%20in%20the%20Contemporary%20Islamic%20Legal%20Discourse
 
Rights Copyright (c) 2018 Walisongo: Jurnal Penelitian Sosial Keagamaan
http://creativecommons.org/licenses/by-sa/4.0
 

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