[MS] The Dimension of Maqasid Shariah in the Legal Argumentation of Contemporary Issues

Abstract

Maqasid Shariah (Shariah Objectives) are the spirit of Islamic law, carrying implicit meanings that aim to fulfill the purposes of Shariah in every law established by Islamic jurisprudence. The theories and concepts developed within Shariah Objectives emphasize the form and goals of Shariah in ensuring the well-being of human life. Therefore, Maqasid Shariah lay down two essential principles: promoting benefits (jalbu masalih) and preventing harm (dar’u mafasid) in addressing emerging issues. Today, Shariah Objectives are seen as a solution for addressing contemporary problems within the Islamic community. The discussion on Shariah Objectives is no longer confined to a small scale; it has become a global field of discourse in a universal form. Various writings have been identified that discuss the function of Maqasid Shariah as a measure in determining laws to address current fiqh issues. Hence, this study will examine and refine the views expressed by both ancient and contemporary scholars, as well as the current arguments presented by Maqasid Shariah researchers. This study employs content analysis methodology to establish a halal and tayyib (pure and wholesome) parameter for food product innovations based on Shariah Objectives. The results of the study find that Shariah Objectives are authoritative and can serve as a parameter and foundation for determining laws and issuing fatwas on contemporary issues. The measurement of benefit and harm is not solely based on rational considerations but needs to be guided by in-depth knowledge and mastery of the collection of Shariah evidence.