The advancement of science, technology, and globalisation has given\nrise to various legal issues never encountered in the early days of\nIslam. The emergence of artificial intelligence, digital transactions,\ncrypto assets, bioethics, and environmental issues demonstrates that\nmodern society continues to move with increasing complexity. In such\nsituations, Islamic law is required to provide relevant answers without\nlosing its foundation in the Qur\u2019an and Sunnah. One approach deemed\ncapable of bridging this need is Maqashid Syariah, a framework of\nthinking oriented towards the objectives behind every Sharia provision.\nThrough this approach, Islamic law is understood not only from a textual\nperspective but also from the values, wisdom, and public interest\n(maslahah) it seeks to realise.<\/p>\n
Etymologically, Maqashid means purpose, while Sharia means the path\nor rules established by Allah SWT for humanity. Thus, Maashid Syariah\nrepresents the objectives to be achieved through all Islamic laws. Every\nSharia provision inherently aims to bring about public interest\n(maslahah) and prevent harm (mafsadah). Therefore, understanding Islamic\nlaw is not enough by merely adhering to the literal text; one must also\nconsider the underlying objectives.<\/p>\n
The concept of Maqashid has evolved since the era of classical\nscholars and gained a systematic formulation through the thought of Abu\nIshaq al-Shatibi. In Al-Muwafaqat, he explained that the entire Sharia\naims to protect the five essential human needs (al-dharuriyyat\nal-khams): religion, life, intellect, lineage, and property. These five\nobjectives serve as the foundation for understanding every legal\nprovision, viewing Sharia as a system that preserves human life rather\nthan merely a collection of formal rules.<\/p>\n
Maqashid thought subsequently developed through Muhammad al-Tahir Ibn\nAshur, who expanded its orientation towards social justice, responsible\nfreedom, and respect for human dignity. According to him, Maqashid\nfunctions not only to explain the wisdom of the law but also to serve as\na basis for the renewal of Islamic law to respond to societal changes.\nThis view demonstrates that Sharia possesses the flexibility to address\nnew problems without abandoning its fundamental principles.<\/p>\n
This idea was strengthened by Yusuf al-Qaradawi, who positioned\nMaqashid as a primary method in contemporary ijtihad (independent\nreasoning). He argued that the challenge for Islamic law lies not in a\nlack of evidence, but in the method of understanding evidence in\naccordance with reality. Therefore, a mujtahid (jurist) must be able to\nconnect texts with the objectives of Sharia so that the resulting laws\nremain relevant while remaining faithful to revelation. This approach\nprotects Islamic law from two extremes: rigid literalism and a\nliberalism that ignores sacred texts.<\/p>\n
The development of Maqashid reached a broader dimension through the\nthought of Jasser Auda. He introduced a systems approach, a perspective\nthat views Islamic law as an open, dynamic, and multidimensional system.\nDetermining law is not sufficient through textual analysis alone; it\nmust also consider social, economic, cultural, and scientific\ndevelopments. With this approach, Maqashid becomes a paradigm capable of\nconnecting Sharia values with the realities of modern life.<\/p>\n
The intellectual journey of these figures shows that Maqashid Syariah\nhas evolved into a modern legal framework. \u2018Modern\u2019 in this sense does\nnot mean changing Sharia to follow the times, but rather using the\nobjectives of Sharia as a foundation for responding to new issues.\nSharia remains anchored in its fundamental principles, while its methods\nof application can evolve according to societal needs.<\/p>\n
The relevance of Maqashid is clearly evident in facing technological\nadvancements. Digital transactions, e-wallets, artificial intelligence,\npersonal data protection, and various economic innovations cannot be\njudged solely based on whether precedents existed in the classical era.\nThrough Maqashid, every innovation is assessed based on its impact on\npublic interest. As long as it brings benefit, maintains justice,\nprotects community rights, and does not contradict Sharia principles,\nthe space for ijtihad remains open to accommodate them.<\/p>\n
This approach also demonstrates that Islamic law possesses\nresponsible flexibility. Sharia distinguishes between permanent\nprinciples (tsawabit) and aspects that are subject to change\n(mutagayyirat). Values such as justice, honesty, trustworthiness, and\nthe prohibition of usury (riba), uncertainty (gharar), and oppression\nremain unchanging foundations. Conversely, the forms of transactions,\nbusiness models, or the use of technology can evolve with societal\nchanges, provided they uphold the objectives of Sharia.<\/p>\n
Furthermore, Maqashid encourages an interdisciplinary approach in the\ndevelopment of Islamic law. A jurist is required not only to understand\nthe Qur\u2019an, Sunnah, and usul fiqh (principles of jurisprudence) but also\ndevelopments in economics, technology, health, and social sciences.\nUnderstanding reality is a vital part of the ijtihad process so that the\nresulting laws are not only normatively correct but also accurate in\ntheir application. This shows that Islamic law has the capacity to\nengage in dialogue with scientific progress without losing its\nidentity.<\/p>\n
Ultimately, Maqashid Syariah affirms that Islamic law is a system\noriented towards human welfare. The intellectual journey from\nal-Shatibi, Ibn Ashur, Yusuf al-Qaradawi, to Jasser Auda shows that\nMaqashid continues to evolve as a legal paradigm capable of answering\nthe challenges of the age. Positioning Maqashid Syariah as a modern\nlegal framework does not mean modernising Sharia, but rather affirming\nthat Sharia possesses its own internal mechanism.<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/maqashid-sharia-how-islam-responds-to-modern-challenges-1782651104", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }