The Ijtihad Construction Of Islamic Law Based On The Maqâshid Al-Syarî'Ah Approach In The Indonesian Context

Abstract

This research is developed from the author's findings of ambiguity in recent philosophical aspects of the application of Islamic law in Indonesia. Accordingly, it is crucial to immediately reform the ijtihad of Islamic law in Indonesia, because the practice is no longer in line with maqâshid al-syarî'ah and the principles of Islamic law. This can be seen from the emergence of civil disobedience toward Islamic law fatwas issued by fatwa institutions in IndonesiaThe purpose of this study is to find answers to the problems specified in the formulation of the problem. This research is a descriptive-normative research or library research that uses content analysis of the data obtained. In addition to using a conceptual approach, this study also uses a maqashidi approach (Maqâshid-Based Ijtihad) to answer the problem studied. The results of this study are: First, there is philosophical confusion regarding the application of Islamic law in Indonesia which includes ontological, epistemological, and axiological confusion. Second, maqâshid al-syarî'ah known as al-ushûl al-khamsah includes the maintenance of religion (hifz al-dn), life (hifz al-nafs), lineage (hifz al-nasab), mind (hifz al-aql), and property (hifz al-mȃl), as the dharûriyyah, hȃjiyyah and tahsȋniyyah level. Meanwhile maqâshid al-'ammah includes the following universal maqâshid principles; nature (al-fiṭroh), tolerance (al-samâhah), benefit (al-maslahah), equality (al-musâwah), and freedom (hurriyâh). Third, reformulation of Islamic law in Indonesia with the maqâshid al-syarî'ah approach can be achieved through two constructs, namely the integration of legal texts with al-ushûl al-khamsah and integration of legal texts with maqâshid al-syarî'ah al-'ammah.