Maqāṣid Sharī’ah: The Main Reference and Ethical-Spiritual Foundation for the Dynamization Process of Islamic Law

Iffatin Nur, 197301111999032001 and Mashuri, - and M. Ngizzul Muttaqin, - (2020) Maqāṣid Sharī’ah: The Main Reference and Ethical-Spiritual Foundation for the Dynamization Process of Islamic Law. jurnal, jurnal. (In Press)

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Abstract

Two major roles of maqāṣid sharī'ah are very significant to be explored, namely: the directive system role and the defensive system one. The first role puts maqāṣid sharī'ah as the main reference for any reformation or changing processes and dynamization of Islamic law whereas the latter places it as the supreme morality that provides the foundation and ethical-spiritual power to Moslem society whenever they dialect towards the law. With these two roles, maqāṣid sharī'ah can serve as a tremendous impetus for the creation of future changes towards a more constructive and humanistic society. This study was of library research type and discussed maqāṣid sharī'ah from the time of the Prophet Muhammad (peace be upon him, pbuh) to this very day. It was aimed to elaborate further on the position of maqāṣid sharī'ah as the main reference and the ethical-spiritual foundation of the process of dynamization of Islamic law in facing contemporary issues. It elaborated on the concept of maqāṣid sharī'ah and observed the presence of flexibility, adaptability, and dynamic characteristic of Islamic law. At the same time, it was also purposed to open the minds of those who state and claim that Islamic law is immutable, doctrinal, eternal, and final so much so that it is regarded inadaptable to various forms of social changes and modernization which bring with them abundant contemporary issues. Keywords: contemporary issue; dynamization; ethical-spiritual foundation; maqāṣid sharī'ah; reference

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