Pros and Cons of Separation between Maqāṣid and Uṣūl al-Fiqh (A Study of The Periodization of Maqāṣid History and Responses to Its Independence)

Interests related to human needs always invite the possibility of the birth of new knowledge. However, if it differs from previous beliefs and ideologies, the findings from the embryonic new knowledge research should be addressed. Currently, the maqāṣid has become the most popular research theme in...

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Main Author: Tholkhatul Khoir
Format: Article
Language:Arabic
Published: Universitas Islam Negeri Walisongo Semarang 2023-12-01
Series:International Journal Ihya' 'Ulum al-Din
Subjects:
Online Access:https://journal.walisongo.ac.id/index.php/ihya/article/view/18463
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author Tholkhatul Khoir
author_facet Tholkhatul Khoir
author_sort Tholkhatul Khoir
collection DOAJ
description Interests related to human needs always invite the possibility of the birth of new knowledge. However, if it differs from previous beliefs and ideologies, the findings from the embryonic new knowledge research should be addressed. Currently, the maqāṣid has become the most popular research theme in the field of Islamic legal theory and eclipsed uṣūl al-fiqh was facing such challenges. This article explores the evidence for the pros and cons of the separation between maqāṣid and uṣūl al-fiqh, explains the causes, and predicts the implications. Data was obtained from secondary sources in the form of maqāṣid and uṣūl al-fiqh works, both in the form of books, book reviews, journal articles, and dissertations, obtained from the web and libraries, and then analyzed using content analysis. This paper finds that there are indeed pros and cons of separating maqāṣid and uṣūl al-fiqh. The evidence is: first, there are differences in periodizing the development of maqāṣid; and second, there are differences in responses to efforts to make maqāṣid an independent knowledge. The pros and cons are triggered by differences of opinion regarding the theory of ratiocination, the method of istiqrā', and accusations of utilitarianism. These pros and cons can have implications: positive, because in turn, the Islamic law reform project can be handled more comprehensively, or negative, if the scholars get caught up and struggle with the debate until they forget to respond to real contemporary issues.
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spelling doaj.art-53745df390fe411ca0193258c6daefe32023-12-21T23:18:09ZaraUniversitas Islam Negeri Walisongo SemarangInternational Journal Ihya' 'Ulum al-Din1411-37082580-59832023-12-0125212414310.21580/ihya.25.2.184634742Pros and Cons of Separation between Maqāṣid and Uṣūl al-Fiqh (A Study of The Periodization of Maqāṣid History and Responses to Its Independence)Tholkhatul Khoir0Universitas Islam Negeri Walisongo SemarangInterests related to human needs always invite the possibility of the birth of new knowledge. However, if it differs from previous beliefs and ideologies, the findings from the embryonic new knowledge research should be addressed. Currently, the maqāṣid has become the most popular research theme in the field of Islamic legal theory and eclipsed uṣūl al-fiqh was facing such challenges. This article explores the evidence for the pros and cons of the separation between maqāṣid and uṣūl al-fiqh, explains the causes, and predicts the implications. Data was obtained from secondary sources in the form of maqāṣid and uṣūl al-fiqh works, both in the form of books, book reviews, journal articles, and dissertations, obtained from the web and libraries, and then analyzed using content analysis. This paper finds that there are indeed pros and cons of separating maqāṣid and uṣūl al-fiqh. The evidence is: first, there are differences in periodizing the development of maqāṣid; and second, there are differences in responses to efforts to make maqāṣid an independent knowledge. The pros and cons are triggered by differences of opinion regarding the theory of ratiocination, the method of istiqrā', and accusations of utilitarianism. These pros and cons can have implications: positive, because in turn, the Islamic law reform project can be handled more comprehensively, or negative, if the scholars get caught up and struggle with the debate until they forget to respond to real contemporary issues.https://journal.walisongo.ac.id/index.php/ihya/article/view/18463periodization, independence, ratiocination, istiqrā', utilitarianism
spellingShingle Tholkhatul Khoir
Pros and Cons of Separation between Maqāṣid and Uṣūl al-Fiqh (A Study of The Periodization of Maqāṣid History and Responses to Its Independence)
International Journal Ihya' 'Ulum al-Din
periodization, independence, ratiocination, istiqrā', utilitarianism
title Pros and Cons of Separation between Maqāṣid and Uṣūl al-Fiqh (A Study of The Periodization of Maqāṣid History and Responses to Its Independence)
title_full Pros and Cons of Separation between Maqāṣid and Uṣūl al-Fiqh (A Study of The Periodization of Maqāṣid History and Responses to Its Independence)
title_fullStr Pros and Cons of Separation between Maqāṣid and Uṣūl al-Fiqh (A Study of The Periodization of Maqāṣid History and Responses to Its Independence)
title_full_unstemmed Pros and Cons of Separation between Maqāṣid and Uṣūl al-Fiqh (A Study of The Periodization of Maqāṣid History and Responses to Its Independence)
title_short Pros and Cons of Separation between Maqāṣid and Uṣūl al-Fiqh (A Study of The Periodization of Maqāṣid History and Responses to Its Independence)
title_sort pros and cons of separation between maqasid and usul al fiqh a study of the periodization of maqasid history and responses to its independence
topic periodization, independence, ratiocination, istiqrā', utilitarianism
url https://journal.walisongo.ac.id/index.php/ihya/article/view/18463
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