The Significant and Arguments for the Renewal of Maqāṣid al-Sharī‘ah

Abstract

The phenomenon of massive industrialisation has caused a number of critical and complex issues in social, cultural and ecological sectors. The most obvious one has been environmental degradation which is also related to the problem of entrenched ignorance. This certainly requires Muslims to immediately come up with solutions to these problems within the framework of Islamic thought. Unfortunately, Muslims have been considered inept and slow. Indeed, the orientation of thought in the Islamic world has been thus far dominated by the power of textualism, namely legal-formal interpretation with the dominance of linguistic approach. This article aims to critically diagnose and evaluate the problem of domination of the Islamic legal interpretation, especially in context of the conceptualisation of maqāṣid al-sharī‘ah. It is essential, since Muslim scholars initially have deemed maqāṣid al-sharī‘ah as a suitable solution to overcome textualism, yet it is still restrained by the supremacy of textualism. Consequently, its function is limited to mere method of legislation. Studies on maqāṣid textualism in the context of environmental degradation are non-existent. In order to fill the gap of this study, this article argues that maqāṣid al-sharī‘ah must be transformed. The main reason in supporting this argument is that maqāṣid al-sharī‘ah is an intellectual and historical product which is open to reconstruction. In addition, as an axiological discourse, it continuously evolves. Thus, this shows that the profane nature of maqāṣid al-sharī‘ah seems not immune to change