Maqasid Al-Syari`'ah Mazhab Syafi`'i dan Urgensitasnya Dalam Ijtihad Kontemporer

  • Holilur Rohman UIN Sunan Ampel Surabaya

Abstract

This paper is intended to answer the problem: (1) What is the aspect of maqasid al-syari’ah in the Mazhab Syafi'i (2) How is the urgency of the maqasid al-syari’ah of Mazhab Syafi'i as the basis for Ijtihad to deal with contemporary Islamic legal issues? This paper is a literature study, and is a descriptive - analytical study. The study in this paper shows that the aspect of maqasid al-syari’ah 'in the Mazhab Syafi'i is: Imam Shafi'i uses qiyas, Al-Juwaini contributes to the division of al-maslahah al-daruriyyah, al-hajiyyah, and al-tah si niyyah, then additional explanation of Al-Ghazali about al-daruriyyah al-khams which became basic footing in establishing Islamic law. maqasid al-syari’ah 'in the Mazhab Syafi'i as a foundation for ijtihad is used when a new event occurs that has no legal decision at all in the past and there needs to be legal certainty, or there has been a decision but it needs re-ijtihad because it is not appropriate with the current conditions, or ijtihad is re-done because there are different aspects of benefit so it needs a new law that is different from the previous law.
Published
2018-12-31
How to Cite
ROHMAN, Holilur. Maqasid Al-Syari`'ah Mazhab Syafi`'i dan Urgensitasnya Dalam Ijtihad Kontemporer. JURNAL HUKUM ISLAM, [S.l.], p. 18-33, dec. 2018. ISSN 2502-7719. Available at: <http://e-journal.iainpekalongan.ac.id/index.php/jhi/article/view/1488>. Date accessed: 18 jan. 2019. doi: https://doi.org/10.28918/jhi.v17i2.1488.

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