SANTRI EN –The use of Maqashid syari’ah in islamic higher education, which focuses on the objectives and public interests behind Islamic law, is becoming increasingly popular among academics in Islamic campuses in Indonesia. This trend brings a breath of fresh air to Islamic studies, offering a more flexible and contextual approach to understanding Islamic law.
However, despite its popularity, there are also criticisms and challenges related to the use of Maqashid Syari’ah. This article will discuss these trends and challenges, focusing on several key points.
Trends of Maqashid Syari’ah in Academia and Its Concerns
One observed trend is the increasing number of academics using Maqashid Syari’ah in their research and teaching. This is triggered by several factors, including:
- The impression that Maqashid Syari’ah is more flexible, adaptable, and easier to apply than traditional fiqh and ushul fiqh.
- The lack of understanding among academics of fiqh and ushul fiqh, leading them to seek more accessible alternatives.
However, this trend also raises concerns. Some academics are worried about not having a sufficient understanding of fiqh and ushul fiqh, which are fundamental to understanding Maqashid Syari’ah. This deficiency can lead to inaccurate ijtihad (legal interpretation) and conflict with sharia law.
Superficial Understanding and Misinterpretations of Maqashid Syari’ah’s Maslahat
Another criticism leveled is the superficial understanding of Maqashid Syari’ah. Many academics only understand the five main maqashid and three priority levels of maqashid, without grasping the complexities and deeper theories.
Misunderstanding the concept of maslahat (public interest) is also a highlight. Not all maslahat can be considered legal considerations. It is necessary to understand the limitations of maslahat that have been discussed in ushul fiqh.
Maqashid Syari’ah: Controversial Fatwas and Mastery of Religious Sciences
Several controversial fatwas based on Maqashid Syari’ah and rejected by sharia law because they fall under maslahat mulghah (non-accommodated public interest) exemplify this problem.
Therefore, mastering fiqh, ushul fiqh, ijma’, nash al-Qur’an and hadith, and qiyas is crucial before using Maqashid Syari’ah. This is to avoid mistakes in understanding and applying Maqashid Syari’ah.
Solutions and Suggestions for the Application of Maqashid Syari’ah
Here are some solutions and recommendations for better use of Maqashid Syari’ah in Islamic campuses:
- Conducting comprehensive and applied training and education for academics on Maqashid Syari’ah.
- Building a gradual and progressive learning culture for understanding religious sciences, including Maqashid Syari’ah.
- Exercising caution when issuing fatwas based on Maqashid Syari’ah, and always reviewing them based on sharia law and other religious sciences.
Challenges & Opportunities of Implementing Maqashid Syari’ah in Indonesia
Despite the criticisms and challenges, implementing Maqashid Syari’ah in Indonesia presents several opportunities that can be optimized. Here are some of them:
1. Enriching the Islamic scholarly treasure trove in Indonesia
Maqashid Syari’ah offers a new perspective on understanding and interpreting Islamic law. By studying Maqashid Syari’ah, Indonesian scholars and academics can enrich the Islamic scholarly treasure trove and produce new ideas contextualized to Indonesian society’s conditions.
2. Responding to various contemporary problems
Maqashid Syari’ah can be an effective tool to address various contemporary problems faced by Indonesian society, such as radicalism, intolerance, and corruption. By understanding the objectives and public interests behind Islamic law, Maqashid Syari’ah can provide holistic and sustainable solutions.
3. Strengthening Islamic moderation in Indonesia
Maqashid Syari’ah emphasizes universal Islamic values such as justice, virtue, and public interest. By prioritizing these values, Maqashid Syari’ah can help strengthen Islamic moderation in Indonesia and promote interfaith tolerance.
4. Improving the quality of Islamic education
Maqashid Syari’ah can be integrated into the Islamic education curriculum in Indonesia to improve education quality and produce graduates with a comprehensive and contextual understanding of Islam.
5. Increasing public participation in development
Maqashid Syari’ah can encourage public participation in development by emphasizing the importance of realizing public interest for all humanity.
The implementation of Maqashid Syari’ah in Indonesia has significant potential to benefit the advancement of knowledge, society, and the Indonesian nation.***
