Relationship of Maqasid al-Shari�ah with Usul al-Fiqh (overview of historical, methodological and applicative aspects)

Abstract

Studies on maqasid al-shari�ah have been widely written and reviewed by researchers of Islamic law. Some have written about the maqasid al-shari�ah�s concept, the figures� thought, and its application to various Islamic law and social issues. As a new study, maqasid al-shari�ah is widely studied in the context of renewing Islamic law, however little discuss about history of maqasid al-shari�ah and relations with usul al-fiqh. Because historically, the birth of maqasid al-shari�ah can�t be separated from development of usul al-fiqh through the scholars usul al-fiqh. As well as in terms of methodology, maqasid al-shari�ah have a close relationship with method istinba? al-�hkam in usul al-fiqh,� as qiyas,� maslahah al-mursalah, al-�ari�ah �and istihsan. While in terms of application, maqasid al-shari�ah together with usul al-fiqh namely departing from the proposition of naqli (revelation) and �aqli (reason) which is global and analyzes various opinions in deciding Islamic law. It�s just that usul al-fiqh is dominated by linguistic aspects, meanwhile the maqasid al-shari�ah emphasizes the divine aspect behind the law.� That�s why to see relationships among maqasid al-shari�ah and usul al-fiqh, this research uses library research method or literature review by researching the main sources which discusses about relations maqasid al-shari�ah and usul al-fiqh in terms of historical, methodological and applicative.