An Examination of Maqashid al-Shari'ah between Textual and Contextual Reasoning (Descriptive Analysis Study)

Authors

  • Amir Sahidin Universitas Darussalam Gontor
  • Imam Kamaluddin Universitas Darussalam Gontor, Ponorogo ,

DOI:

https://doi.org/10.32332/istinbath.v20i02.4830

Keywords:

Maqashid al-syari'ah, Reasoning, Textual, Contextual.

Abstract

This article starts from misunderstanding of some Muslims in reasoning maqashid al-syari'ah. Some of them argue that maqashid al-syari'ah is only what appears of the text to nash, so they reason the nash textually. As a result, Islamic law becomes rigid and it is easy to blame you. Some of them reasoned too much about maqashid al-syari'ah, thus canceling the text of the nash. As a result, he was brave enough to deconstruct a permanent Islamic law. Therefore, this article will examine maqashid al-syari'ah with a fair and moderate study (wasathiyah) that is not as extreme as textual or contextual reasoning. Through a library research study with a descriptive analysis approach, it was found that wasathiyah reasoning in maqashid al-syari'ah reasoning is to distinguish between worship and muamalat matters in terms of the intentions behind them; seek maqashid al-shari'ah before determining the law; and has the principle that the shari'a which is built on the qath'i argument will not conflict with benefit and common sense.

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Published

2024-07-15

How to Cite

An Examination of Maqashid al-Shari’ah between Textual and Contextual Reasoning (Descriptive Analysis Study). (2024). Istinbath : Jurnal Hukum, 20(02), 21-40. https://doi.org/10.32332/istinbath.v20i02.4830