EXAMINING THE BASIS OF MAQASHID SYARIAH IN RENEWAL OF ISLAMIC LAW IN INDONESIA

Abstract

Renewal of Islamic law in Indonesia occurred due to social changes in society along with the development of technology and science. This social change in turn demands new laws that are based on human needs without destroying their religious aspects. Therefore, the corridor used in every exploration of Islamic law is to understand the literal meaning of the Al-Quran and Sunnah. A reformer, including those in Indonesia, must be able to understand maqasyid al-syari'at , namely the purpose of the Shari'a revealed only for the benefit of humans. This research attempts to capture the dynamics of Islamic legal reform in Indonesia by looking at the extent to which maqashid sharia functions as a driving aspect of this change. This research is qualitative in nature through empirical and normative approaches, namely by looking at maqashid sharia theories which are applied empirically in the renewal of Islamic law in Indonesia. From the research results, it was found that maqashid sharia reasoning has long been developed and practiced by ulama in efforts to reform Islamic law, both before Indonesian independence and after Indonesian independence. This gives a sign that Indonesian scholars and society in general are familiar with maqashid sharia. Another finding is that the decisions taken through maqashid sharia reasoning in the context of legal reform in Indonesia have consistently been able to adapt to social changes in Indonesia in almost all sectors, legal, social and economic without violating general sharia provisions. So that legal reform efforts in Indonesia have been able to achieve the objectives of the Shari'a in protecting religion, soul, mind, property and descendants. It was marked by the birth of several rules based on maqashid sharia reasoning which were in accordance with the needs of social and societal change