Studi Pemikiran Al-maqashid (Upaya Menemukan Fondasi Ijtihad Akademik yang Dinamis)

摘要

The goal of Shariah ( ilm al-maqashid ) historically develop dynamically.This science shows free and sporadic earlier. Then, it develops evolutively and itThis science shows free and sporadic earlier. Then, it develops evolutively and itbecomes one of basic of established Islamic law thought. The goal of tashri canbecomes one of basic of established Islamic law thought. The goal of tashri canbe classified into three categories, al-masalih ad-daruriyah, al-haji, and al-tahsini.be classified into three categories, al-masalih ad-daruriyah, al-haji, and al-tahsini.This classification does not answer law problerms academically. Because of ilmThis classification does not answer law problerms academically. Because of ilmal-maqasid is not only departing from linguistics understanding toward Quran andal-maqasid is not only departing from linguistics understanding toward Quran andSunnah, but also considers the values deriving from society. especially moral norms.Sunnah, but also considers the values deriving from society. especially moral norms.So, al-masalih that relates to and as reference of the academic intellectual exerciseSo, al-masalih that relates to and as reference of the academic intellectual exerciseis al-masalih al-hayawiyah, al-masalih al-aqliyah, and al-masalih ruhiyah. Thisis al-masalih al-hayawiyah, al-masalih al-aqliyah, and al-masalih ruhiyah. Thisclassification will comprehend Islamic law integratively all of maslahah, it impliesclassification will comprehend Islamic law integratively all of maslahah, it impliesthat Islamic law will be applicable and functionable to solve society problem.that Islamic law will be applicable and functionable to solve society problem.