EMPOWERING MAQĀṢID AL-SYARĪ‘AH

Abstract

Some contemporary Muslim scholars try to utilize maqāṣid as an istinbat method, including fiqh al-maqāṣid proposed by Yusuf al-Qaraḍawī and fiqh al-maṣāliḥ offered by Fatḥī al-Duraynī. Unfortunately, fiqh al-maqāṣid cannot be operated as a method because its character is axiology. In addition, the abstract nature of maqāṣid makes it not applicative, except as a moral guide. Therefore, Ibn 'Āsyūr proposed the discovery of maqāṣid at a specific level, namely maqāṣid al-syarī'at al-khāṣṣah. Meanwhile, fiqh al-maṣāliḥ also experiences problems because of its descriptive characteristics, even though the legal istinbat method demands prescriptive results. The solution for this problem is combining the two offerings and then integrating them into an istinbat methodology which is composed of two stages of research; the descriptive stage and the prescriptive stage. This method is built based on the means-end model (wasā'il-maqāṣid), where maqāṣid is the approach in it. This study uses philosophy as a method and epistemology as an approach.