Pendekatan Maqashid Al-Syari’ah sebagai Pisau Analisis dalam Penelitian Hukum Islam

Abstract

The continuous development of the times has resulted in many legal problems, especially in Islamic law. Many  new problems are  previously those whose provisions have not been regulated in nash.  Then the scholars initiated a practical method to analyze a phenomenon related to Islamic  law.   The emergence of maqashid shari'ah became  a  phenomenal thought  that  contributed a lot  to the  scientific treasures of  Islamic Law, and made Islamic law itself easy to  apply in the era of now to respond to all sorts of new things. In  this case, the author will bring up the existence of maqashid shari'ah as an approach in Islamic  law.   This research method  is  a qualitative method with a  type of literature (library research). This research is descriptive, namely containing data  and then  analyzing and then drawing conclusions. The data contained in this study is maqashid shari'ah. The result  of  this study  is that  maqashid shari'ah in the study contributes  in the form of: a). Giving birth to new theories; b).  As a method of approach in Islamic  law; c). In the scientific  discipline,  maqashid shari'ah  becomes part of   the  Philosophy of Islamic  Law, which is about the nature of  the derivation of Islamic  law or shari'a itself.