Urgensi Pemahaman Terhadap Maqashid Al-Syari’ah dan Perubahan Sosial dalam Istinbath Al-Ahkam

Abstract

Maqasid sharia is still one of the exciting study themes to be studied. Because of its development, the study of maqasid discourse is still in an effort to find the ideal form of the conceptual formulation. For this reason, this study will review the correlation between the understanding of maqasid sharia and social change as a necessity in an effort to do istinbath al-ahkam. This article uses a qualitative research method that uses authoritative references as primary sources and scientific publications as secondary sources of references which are then analyzed using descriptive-analytical methods. Three main points can be concluded from this article, namely: 1) the development of thought and social change influences the istinbath al-ahkam method of cases that are waqi’iyah; 2) understanding of social changes in society based on socio-anthropological aspects both in the Nubuwwah era and today is significant in maqasidi reasoning; 3) understanding maqashid sharia and social change is very urgent (essential) for a jurist, especially for the purposes of istinbath al-ahkam so that the legal conclusions drawn do not depend on a literal understanding of the text alone; Moreover, this legal case never happened in the time of the Prophet Muhammad p.b.u.h. is still alive, and it is difficult to find the text explicitly, and the resulting law can carry the spirit of the maqasid itself, namely masalih lil ‘ibad.