scholarly journals Actualizations of Maqāşid Al-shariah In Modern Life; Maqāşid Al-shariah Theory As a Method of The Development of Islamic Laws and Shariah Economics

2019 ◽  
Vol 16 (2) ◽  
pp. 247-268
Author(s):  
Abdurrohman Kasdi

This article aims to examine the thoughts of Imam al-Syatibi on maqāşid al-sharīah and its actualizations in modern life. The method used is qualitative, while the data analysis technique used is content analysis to analyze the substance of maqāşid al-sharīah. It is then correlated with the context of current human life. The results of the study show that the theory of maqāşid al-sharīah initiated by Imam al-Syatibi has presented sharīah in its elastic face. Maqāşid al-sharīah has transformed Islamic theory into universal human values, such as benefit, justice, and equality in Muslims' lives in the world. This can be seen at least in two ways: first, maqāşid al-sharīah as a developing Islamic law method. The development of the theory of maqāşid al-sharīah has inspired the philosophy of Islamic laws. It becomes the basis of thinking and analysis, which is fundamental to Islamic legal thinking in this globalization era and dynamic social changes. Second, maqāşid al-sharīah in building sharīa economics; maqāşid al-sharīah's theory occupies a very central and vital position in formulating a sharīah economic development methodology. In the context of sharīah economics, the purpose of maqāşid al-sharīah is to safeguard human benefits. A Muslim is encouraged to produce and consume goods/services, of course, within valuable considerations.Artikel ini bertujuan mengkaji pemikiran Imam al-Syatibi tentang maqāşid al-sharīah dan aktualisasinya dalam kehidupan modern. Metode yang digunakan adalah kualitatif, sedangkan analisis data yang digunakan adalah content analysis yakni sebagai sebuah upaya menganalisis substansi pemikiran maqāşid al-sharīah, kemudian dikorelasikan dengan konteks kehidupan masyarakat sekarang. Hasil penelitian menunjukkan bahwa teori maqāşid al-sharīah yang digagas oleh Imam al-Syatibi telah menghadirkan shariah dalam wajahnya yang elastis. Maqāşid al-sharīah telah mentransformasikan teori-teori shariah ke dalam nilai-nilai kemanusiaan universal, seperti kemaslahatan, keadilan dan kesetaraan dalam kehidupan umat Islam. Hal ini setidaknya bisa dilihat dalam dua hal: pertama, maqāşid al-sharīah sebagai metode pengembangan hukum Islam. Pengembangan teori-teori maqashid al-shariah mengilhami filsafat hukum Islam dan menjadi pangkal berpikir serta analisis yang pokok untuk pengembangan pemikiran hukum Islam pada era globalisasi dan perubahan sosial sekarang ini. Kedua, maqāşid al-sharīah dalam membangun ekonomi shariah. Teori maqāşid al-sharīah menempati posisi yang sangat sentral dan vital dalam merumuskan metodologi pengembangan ekonomi shariah. Dalam konteks ekonomi shariah, tujuan maqāşid al-sharīah adalah menjaga kemaslahatan manusia. Seorang muslim didorong untuk memproduksi dan mengkonsumsi barang/jasa tentu dengan pertimbangan kemaslahatan.

1992 ◽  
Vol 28 (2) ◽  
pp. 195-206
Author(s):  
J. Wesley Robbins

The classical pragmatists were as concerned as any of their modern philosophical predecessors that the moral and religious aspects of human life not be swamped by the successes of the physical sciences. It was John Dewey, after all, who said thatThe problem of restoring integration and cooperation between man's beliefs about the world in which he lives and his beliefs about the values and purposes that should direct his conduct is the deepest problem of modern life. It is the problem of any philosophy that is not isolated from that life.


Author(s):  
Wan abdul fattah Wan ismail ◽  
Ahmad Syukran Baharuddin ◽  
Fuadah Johari ◽  
Muhammad Aunurrochim Mas’ad

Online financial transaction is not new to the world and has been widespread into Malaysia. It has been applied in various matters including financial. Yet, there are still several issues that need to be clarified within the contekxt of Islamic Law of Evidence in Malaysia. This study gathered relevant data which have been obtained through qualitative content analysis approach towards related reported cases, statutes, and literature. As from the perspectives of Islamic Law of Evidence in Malaysia this paper discusses the concept of online financial transaction and its admissibility, verification procedure of online transaction. It also explains on the issues and challenges behind the application of this kind of transaction. All in all, this study highlights on the completeness of Islam in prividing solution of current issues despite of the changes of time, era, and technology as can be seen in the discussion related to online financial transaction.   Abstrak Transaksi kewangan secara ‘online’ bukanlah suatu yang baru kepada dunia dan telah tersebar sehingga ke Malaysia. Ia telah diaplikasikan dalam pelbagai urusan termasuklah kewangan. Namun, terdapat beberapa isu yang perlu diperjelaskan dalam konteks Undang-Undang Keterangan Islam di Malaysia. Kajian ini mengumpulkan data-data yang relevan diperolehi dari pendekatan analisis kualitatif terhadap kes-kes yang dilaporkan, statut-statut, dan kesusasteraan yang berkaitan. Melalui perspektif Undang-Undang Keterangan Islam di Malaysia, kajian ini membincangkan konsep transaksi kewangan secara ‘online’ dan penerimaannya. Ia juga menjelaskan isu-isu dan cabaran di sebalik pengaplikasian transaksi jenis ini. Secara keseluruhannya, kajian ini menyerlahkan kesyumulan Islam dalam memberi penyelesaian terhadap isu-isu terkini sekalipun berlaku perubahan zaman, masa dan teknologi seperti yang dapat dilihat melalui perbahasan berkenaan transaksi kewangan secara ‘online’.


2018 ◽  
Vol 14 (2) ◽  
pp. 27-44
Author(s):  
Muhammad Kurniawan Budi Wibowo

The existence of Islamic law in the world is to regulate human life, both as a person and as a member of society in order to behave according to the wishes of the Creator. This is different from the general concept of law which is only intended to regulate human life as members of society or in other word the law exists because of the conflict of human interest. Among the problems in the philosophy of Islamic law, the most frequent discourse is about the issue of justice in relation to the law. This is because the law or regulation must be fair, but in fact it is often not. This paper will describe this issue of justice from the perspective of legal philosophy and Islam. In the perspective of legal philosophy, the author will only parse the theory of justice Aristotle and John Rawl. Whereas in the perspective of Islamic legal philosophy, the author will parse the theory of the Muktazilah and Asyariyah divine justice, and the Islamic Maqasyid Theory as the ideals of Islamic legal social justice.


Spiritualita ◽  
2019 ◽  
Vol 2 (2) ◽  
Author(s):  
Muhammad Zuhdi

There is no one ever doubts the quality of Kahlil Gibran as a poet or man of letters. His great name is the guarantee of his literature works’ quality. Almost every work, most of them are prose poetry, gain great success, and one of the indications is by translating into various languages in the world, including Indonesian. One of his most success works and receives international acknowledgment as well as his own admission as his best work is The Prophet. The Prophet includes many lessons bearing deconstruction values, which has been proven in this study. Deconstruction values within The Prophet is still inherent in each statement of its main character (Al Mustafa/Gibran) about topic concerning with many kinds of human problems, such as love, marriage, child, friendship, beauty, happiness, sadness, work, religion, and even death. In this study those values were contrasted or compared to various realities in form of text and social fenomena of the community in order to find their contradictions or similarities. This qualitative study used moral approach because its review material is intrinsic aspect of a literature works related to values. While the analysis technique used content analysis because it tried to disclose, understand, and catch the massage beneath the literature work. While the “knite” used to cut and disentangle its values is deconstruction. Deconstruction is an idea which strive to cope the world view which has been boxed all along within a normative understanding that this world consists of two opposing elements, such as rational-irrational, traditional- modern, logic-illogic, good-bad, man-women, and so on. Then deconstruction tries to look for gaps or alternatives between the two opposing elements. Thus, deconstruction is not always extreme in its meaning: confirm or nullify.


ADDIN ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 141
Author(s):  
Eko Siswanto ◽  
A. Ubaidillah

<p>This study investigated the marriage has human values to fulfill the instincts of human life. In the community of Tobati tribes, marriage has been arranged based on its customary traditions that have been agreed upon for generations. It focused on exploring the form of the marriage tradition of the repentant tribal people and how Islamic law analyzes the similarities and differences. The researcher applied descriptive qualitative design to explore the objectives of this study then analyzed by Miles Huberman’s theory. The findings show that there are several steps in the marriage process, namely: <em>first</em>, propose (ask in marriage); <em>second</em>, waiting for a period (waiting for a decision from the woman’s family); <em>third</em>, giving the application, and the last, the procession of the marriage. These four stages, there are similar to the stages of marriage according to Islamic law, but there is a very significant difference, namely the obligation to deliver the application after obtaining approval to carry out the wedding procession.</p>


2020 ◽  
Vol 3 (2) ◽  
pp. 185
Author(s):  
Alfa Syahriar ◽  
Zahrotun Nafisah

Islamic law is established to ensure that human interests related to basic rights inherent in their lives include: the right to life, descent, wealth, thought and respect, can be realized. According to the reality, the problems that arise related to these rights are very complex and sustainable. This consideration necessitates efforts to realize Islamic humanist law in the interests of human life. In Usul Fiqh there is the concept of maslahat, as a standard of how basic human rights can be ensured of their fullness and sustainability. And the theory of Maqashid al-Sharia is seen as quite effective in realizing benefit, which means it is a necessity to study the thoughts of al-Shathibi and Ibn Ashur, because both are seen as very influential figures in the development of Maqashid al-Sharia. Therefore, this study is intended to study in a qualitative-comparative way of thinking of the two figures using the Maqashid al-Sharia framework according to the Ulama of Ushul Fiqh of the Four Mazhab. The results of this study can be stated that the orientation of the theory of Maqashid al-Sharia according to al-Shathibi to realize the benefit of the world and the hereafter, while Ibn Ashur limits only the world. Furthermore, the theory of Maqashid al-Sharia al-Shathibi and Ibn Ashur in the review of Usul Fiqh of Four Mazhab can be stated still in the context permitted by Islamic Sharia.


2019 ◽  
Vol 2 (1) ◽  
pp. 59-66
Author(s):  
Lidya Arman

Literary work is an inseparable part of human life. Literature appears along with the history of human existence. In fact, it can be said that from the literature produced, it reflected the support of human civilization. As a social institution, literature reflects the expression of appreciation and inner experience of the narrator or the author of certain authors or situations. Literature always experiences development along with changing times and the emergence of new thoughts in every aspect of life. This also applies in the world of literature. Parallel aspects will show a clear picture of literature from the past until now. Methodologically this research uses library research or library research. The object of the study in this study is Sufi literary works. The approach used in this study is descriptive qualitative, in which this study describes not intended to test certain hypotheses. Literary works with religious characteristics will be able to direct readers to make conscience more serious, pious and conscientious in inner consideration. So that religious works make the reader pensive and template.


alashriyyah ◽  
2019 ◽  
Vol 5 (2) ◽  
pp. 18
Author(s):  
Ali Mutakin
Keyword(s):  

Al-Qur'an and Hadith are sources of Islamic law that have regulated all dimensions of human life, both those related to worship and mu'amalah. Islamic law which is associated with the original worship is regulated globally (mujmâl) in the Qur'an, then explained in detail by the Sunnah of the Prophet and formulated by jurists into fiqh books. Explanation of the Islamic Law related with mu'amalah is limited to the main points. Explanation of the Prophet, not as detailed as in his explanation of worship. Thus, mu'amalah has an open nature, so it is possible to develop through ijtihad by experts. While the characteristics of Islamic law, especially in muamalah, are perfect, universal, elastic, dynamic, flexible and not rigid, ta'aqquli and ta'abbudi, prioritizing substance rather than form, and creating benefit and not making it difficult. Islamic law is present on this earth, aiming to create benefit for all humanities, both in the world and the hereafter.


2020 ◽  
Vol 6 (2) ◽  
pp. 289-309
Author(s):  
Sirajuddin Sirajuddin ◽  
Kasjim Salenda ◽  
Abdul Wahid Haddade

This research aimed to analyze the relevance of dismissal of friday prayers in circular letter of south sulawesi governor number: 451.11 / 2057/2020 during covid-19 pandemic from the perspective of maqāṣid al-syarī’ah. This research is library research using a qualitative approach and content analysis techniques. The results of the research conclude that the substance of the circular letter is relevant to the principle of maqāṣid al-syarī’ah which is the core philosophy of the formation of Islamic law in presenting the benefit of mankind in the world and the hereafter, both from the aspect of maqāṣid al-kulliyyah (universal) and maqāṣid al-juz'iyyah (partial) especially maqāṣid in obeying a leader. Therefore, the emergence of the phenomenon of counter attitudes from some people and even preachers towards the policy should not occur.


2020 ◽  
Vol 15 (2) ◽  
pp. 31-39
Author(s):  
Natalia Sharapenkova ◽  
Anna Meshkut ◽  
Elena Tupikova

The relevance of the present article is related to the urgent problem in Humanities (cultural studies, philology and sociology): characterization of anti-utopia that emerged in the ХХ and the XXI centuries, and its various national modifications. The purpose of the article is to define typical features of the anti-utopia in the Scandinavian novel Kallocain written by a Swedish writer Karin Boye and draw some parallels with Yevgeny Zamyatin’s novel We. The article proves the following thesis: the majority of the specific characteristics of anti-utopia are based on the category of the chronotope. The basic methods of the research were descriptive analytical method, comparative typological method, summarization, cultural-historical method, motive analysis, and content analysis of the text. The model of state-building is implemented in the artistic space of both novels. This model is presented as an ideal one; however, a closer look shows that it is the model of the totalitarian system of government: the states are isolated from the surrounding world which is presented in the novels as alien and hostile. Order, stability, and equality prevailing in the World Empire (Boye) and the United State (Zamyatin) are pushed to their grotesque limits and lead to the universal equalization of the citizens, and the governmental control of all the aspects of human life, including the intimate sphere.


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