Maqāṣid Al-Shariah in the Contemporary Islamic Legal Discourse: Perspective of Jasser Auda

Nowadays, Muslims are facing various contemporary problems related to the discourse of fiqh or Islamic law. In this case, the old tradition of Islamic jurisprudence is no longer sufficient to answer those problems due to the changes in the context of space, time, culture, and contemporary sciences....

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Main Author: Zaprulkhan Zaprulkhan
Format: Article
Language:English
Published: Walisongo State Islamic University 2018-12-01
Series:Walisongo: Jurnal Penelitian Sosial Keagamaan
Subjects:
Online Access:http://journal.walisongo.ac.id/index.php/walisongo/article/view/3231
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author Zaprulkhan Zaprulkhan
author_facet Zaprulkhan Zaprulkhan
author_sort Zaprulkhan Zaprulkhan
collection DOAJ
description Nowadays, Muslims are facing various contemporary problems related to the discourse of fiqh or Islamic law. In this case, the old tradition of Islamic jurisprudence is no longer sufficient to answer those problems due to the changes in the context of space, time, culture, and contemporary sciences. Any effort to renew the aspect of methodology must be done in the field of uṣul al-fiqh not only in Islamic jurisprudence. This is the reason that methodological reconstruction is needed in order to make it is able to accommodate the various problems that are disturbing Muslims today. One of Muslim scholars who tried to reconstruct at the level of the methodology of maqāṣid al-shariah is Jasser Auda. For the purpose of reconstructing maqāṣid al-shariah fundamentally, Auda uses a philosophical approach that is multidisciplinary as well as open with various other relevant disciplines as a methodological framework for reforming the study of uṣul al-fiqh and Islamic law. Applying philosophical and historical approach this study found that Auda reconstructs maqāṣid al-shariah by offering six features: cognitive nature, wholeness, openness, interrelated hierarchy, multidimensionality, and purposefulness. Furthermore, Auda gives contribution to the development of Islamic law and human rights. This paper will explore reconstruction as well as the contribution of maqāṣid al-shariah promoted by Auda through the approach of the philosophy of the system.
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spelling doaj.art-0feaf17ece1f4d5aa68f010b2651bb992022-12-22T00:12:23ZengWalisongo State Islamic UniversityWalisongo: Jurnal Penelitian Sosial Keagamaan0852-71722461-064X2018-12-0126244547210.21580/ws.26.2.32311910Maqāṣid Al-Shariah in the Contemporary Islamic Legal Discourse: Perspective of Jasser AudaZaprulkhan Zaprulkhan0Institut Agama Islam Negeri Syaikh Abdurrahman Siddik Bangka BelitungNowadays, Muslims are facing various contemporary problems related to the discourse of fiqh or Islamic law. In this case, the old tradition of Islamic jurisprudence is no longer sufficient to answer those problems due to the changes in the context of space, time, culture, and contemporary sciences. Any effort to renew the aspect of methodology must be done in the field of uṣul al-fiqh not only in Islamic jurisprudence. This is the reason that methodological reconstruction is needed in order to make it is able to accommodate the various problems that are disturbing Muslims today. One of Muslim scholars who tried to reconstruct at the level of the methodology of maqāṣid al-shariah is Jasser Auda. For the purpose of reconstructing maqāṣid al-shariah fundamentally, Auda uses a philosophical approach that is multidisciplinary as well as open with various other relevant disciplines as a methodological framework for reforming the study of uṣul al-fiqh and Islamic law. Applying philosophical and historical approach this study found that Auda reconstructs maqāṣid al-shariah by offering six features: cognitive nature, wholeness, openness, interrelated hierarchy, multidimensionality, and purposefulness. Furthermore, Auda gives contribution to the development of Islamic law and human rights. This paper will explore reconstruction as well as the contribution of maqāṣid al-shariah promoted by Auda through the approach of the philosophy of the system.http://journal.walisongo.ac.id/index.php/walisongo/article/view/3231Islamic jurisprudenceIslamic lawJasser Audamaqāṣid al-shariahparadigm reconstructionsystem approach
spellingShingle Zaprulkhan Zaprulkhan
Maqāṣid Al-Shariah in the Contemporary Islamic Legal Discourse: Perspective of Jasser Auda
Walisongo: Jurnal Penelitian Sosial Keagamaan
Islamic jurisprudence
Islamic law
Jasser Auda
maqāṣid al-shariah
paradigm reconstruction
system approach
title Maqāṣid Al-Shariah in the Contemporary Islamic Legal Discourse: Perspective of Jasser Auda
title_full Maqāṣid Al-Shariah in the Contemporary Islamic Legal Discourse: Perspective of Jasser Auda
title_fullStr Maqāṣid Al-Shariah in the Contemporary Islamic Legal Discourse: Perspective of Jasser Auda
title_full_unstemmed Maqāṣid Al-Shariah in the Contemporary Islamic Legal Discourse: Perspective of Jasser Auda
title_short Maqāṣid Al-Shariah in the Contemporary Islamic Legal Discourse: Perspective of Jasser Auda
title_sort maqasid al shariah in the contemporary islamic legal discourse perspective of jasser auda
topic Islamic jurisprudence
Islamic law
Jasser Auda
maqāṣid al-shariah
paradigm reconstruction
system approach
url http://journal.walisongo.ac.id/index.php/walisongo/article/view/3231
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