Maqasid al-Sharia and Ethical Humanism: Reconstruction of Contemporary Islamic Legal Thought

Abstract

Contemporary Islamic legal thought is increasingly confronted with profound challenges stemming from the dominance of legal formalism, textual rigidity, and a growing disconnect between classical fiqh and the complex realities of modern Muslim societies. In many contemporary contexts, fiqh has often been reduced to a framework of procedural legality and symbolic compliance, while its broader ethical and humanistic dimensions have been marginalized. This article seeks to reconstruct contemporary Islamic legal thought by integrating maqasid al-sharia and ethical humanism as foundational paradigms for the future development of fiqh. Employing a qualitative-philosophical approach, the study relies on critical textual analysis of classical and contemporary Islamic legal scholarship to explore the epistemological transformation of Islamic jurisprudence. The article argues that the future of fiqh must move beyond legal positivism and preservation-oriented jurisprudence toward a transformative ethical framework centered on justice, human dignity, public welfare, compassion, and social responsibility. In this reconstruction, maqasid al-sharia is not merely understood as a supplementary legal methodology, but as an ethical epistemology capable of contextualizing Islamic law within contemporary global challenges, including human rights, gender justice, environmental crises, and technological transformation. The study contributes to contemporary debates on Islamic legal reform by proposing a contextual, humanistic, and ethically grounded model of Islamic jurisprudence that reorients fiqh toward substantive justice and the flourishing of humanity.