Challenges in the Implementation of Maqashid al-Shari’ah  in Contemporary Islamic Family Law

Wasthan Karim

Authors

Wasthan Karim IAIN Metro

Keywords:

contemporary, culture, equality, gender, mutaqoddimin, shari'ah, social change

Abstract

This paper discusses the challenges of the implementation of Maqashid Al-Shari'ah in Islamic family law in the contemporary era. Maqashid Al-Shari'ah in general is the purpose of sharia which includes the protection of religion, soul, intellect, descendants, and property. This foundation has an important role in the development of Islamic law, especially family law. Contemporaneously, the implementation of Maqashid Al-Shari'ah is still very difficult to achieve, Islamic Family Law not only faces various social dynamics, transformation of existing cultural values and political dynamics, but also faced with a wave of modernization and a significant level of economic growth in society. A number of main challenges faced in the implementation of Maqashid Al-Shari'ah in Islamic family law are the problem of shifting the role of the traditional family, the clash of National Law with the practice of Islamic Family Law in Indonesia. In line with this, conflicting concepts are also found due to differences in the interpretation of Islamic family law between mutaqoddimin scholars and contemporary scholars, so that efforts to find the right solution for maqashid are also increasingly difficult. Meanwhile, on the other hand, there is an urgent need to provide answers to the needs of modern society that continues to change dynamically today by developing ijtihad methods that are more contextual and responsive to the changing times. This means that the principles of Maqashid Al-Shari'ah can be preserved without having to sacrifice the essence of the sharia principles. Through the study of Islamic Family Law literature, the author seeks to identify the right Maqashid Al-Shari'ah solution for contemporary Islamic family law. Through the analysis of this approach, the author concludes that the success of Maqashid Al-Shari'ah in Islamic family law requires collaboration between a deep understanding of mutaqoddimin texts and an understanding of ongoing social change.

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