nalar konstruktif maqashid syariah dalam studi hukum islam (sebuah studi pengantar dalam ilmu maqashid syariah)

Abstract

An attempt to explore the discourse of maqashid sharia, as one of the tools of analysis of texts or sources of Islamic law. Like other disciplines, which also try to approach the sacred text with their own reasoning and specialization. In the midst of widespread disagreements over various interpretations of a text, the maqashid sharia reasoning approach as one of ijtihad reasoning, has a very urgent position, of course, to reason problems in a unique way. There is no longer a sanction, that by continuing to turn on maqashid reasoning, as one of the important tools in legal formulation, it is a necessity that every juris (mujtahid) must have. By using several main sources on the science of maqashid sharia, this paper tries to present a maqashid perspective across generations, from the classical era to the modern era. Since the era of al Hakim Tirmidhi to Jaser Audah and other contemporary scholars who continue to spread the knowledge of maqashid. The various cases that occurred and covered the life of the mukallaf (legal subject), from the early days of Islam to the present and future generations, became an important orientation in every legal formula that must be presented. This is nothing but to make Shari'a an entity that continues to live across ages. The benefit of the mukallaf, which is an important point in the descent of the Shari'a, must always be a consideration in every legal formulation. The problem that then arises is how to synchronize the maslahat with the sacred text, as the basis for every movement and silence of a mukallaf. So maqashid sharia seeks to shorten the distance between these various elements.

Keywords: Maqashid sharia, mukallaf, maslahat.