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Maqashid Sharia: How Islam Responds to Modern Challenges

| | Source: REPUBLIKA Translated from Indonesian | Social Policy
Maqashid Sharia: How Islam Responds to Modern Challenges
Image: REPUBLIKA

The advancement of science, technology, and globalisation has given rise to various legal issues unknown in early Islam. The emergence of artificial intelligence, digital transactions, crypto assets, bioethics, and environmental concerns shows that modern society is moving with increasing complexity. In such situations, Islamic law is required to provide relevant answers without losing its grounding in the Qur’an and Sunnah. One approach considered capable of bridging this need is maqashid syariah, a framework oriented towards the objectives behind every divine ruling. Through this approach, Islamic law is understood not only textually but also through the values, wisdom, and public interest it seeks to realise. Etymologically, maqashid means objectives, while syariah means the path or rules set by Allah for humanity. Thus, maqashid syariah are the goals intended to be realised through all Islamic laws. Every provision of the Sharia essentially aims to bring about benefit (maslahah) and prevent harm (mafsadah). Therefore, understanding Islamic law requires not only adherence to the text but also attention to the underlying objectives. The concept of maqashid has developed since the era of classical scholars and received systematic formulation through the thought of Abu Ishaq al-Shatibi. In Al-Muwafaqat, he explained that all Sharia aims to preserve five essential human necessities (al-dharuriyyat al-khams): religion, life, intellect, lineage, and property. These five objectives serve as the foundation for understanding every legal provision, positioning Sharia as a system that sustains human life rather than merely a collection of formal rules. Maqashid thought later expanded through Muhammad al-Tahir Ibn Ashur, who broadened its orientation to include social justice, responsible freedom, and respect for human dignity. He argued that maqashid not only explains the wisdom behind rulings but also serves as a basis for renewing Islamic law to respond to societal changes. This view demonstrates that Sharia possesses flexibility in addressing new issues without abandoning its fundamental principles. This idea was reinforced by Yusuf al-Qaradawi, who positioned maqashid as a primary method for contemporary ijtihad. He argued that the challenge for Islamic law lies not in a lack of textual evidence but in understanding the texts in accordance with reality. A jurist must therefore connect the text with the objectives of Sharia so that the resulting law remains relevant while staying faithful to revelation. This approach avoids two extreme tendencies: rigid literalism and liberalism that disregards scripture. The development of maqashid reached a new dimension through the thought of Jasser Auda, who introduced a systems approach, viewing Islamic law as an open, dynamic, and multidimensional system. Legal determination is not sufficient through textual analysis alone but must also consider social, economic, cultural conditions, and scientific developments. With this approach, maqashid becomes a paradigm that connects Sharia values with the realities of modern life. The intellectual journey of these figures shows that maqashid syariah has developed into a modern legal framework. Modern here does not mean altering Sharia to follow contemporary trends, but rather using the objectives of Sharia as a foundation for responding to new issues. Sharia remains anchored to its basic principles, while the methods of application can evolve according to societal needs. The relevance of maqashid is clearly visible in facing technological developments. Digital transactions, electronic wallets, artificial intelligence, personal data protection, and various economic innovations cannot be assessed solely based on whether examples existed in the classical era. Through maqashid, every innovation is evaluated based on its impact on public interest. As long as it brings benefit, upholds justice, protects community rights, and does not contradict Sharia principles, the space for ijtihad remains open to accommodate it. This approach also shows that Islamic law possesses responsible flexibility. Sharia distinguishes between fixed principles (tsawabit) and changeable aspects (mutaghayyirat). Values such as justice, honesty, trustworthiness, and the prohibition of usury, uncertainty, and injustice remain an unchanging foundation. Conversely, the form of transactions, business models, or technology utilisation can develop according to societal changes as long as they maintain the objectives of Sharia. Furthermore, maqashid encourages an interdisciplinary approach in the development of Islamic law. A jurist is required not only to understand the Qur’an, Sunnah, and usul al-fiqh but also developments in economics, technology, health, and social sciences. Understanding reality becomes an important part of ijtihad so that the resulting law is not only normatively correct but also appropriate in its application. This shows that Islamic law has the ability to engage with the development of science without losing its identity. Ultimately, maqashid syariah affirms that Islamic law is a system oriented towards human welfare. The intellectual journey from Al-Shatibi, Ibn Ashur, Yusuf al-Qaradawi, to Jasser Auda shows that maqashid continues to develop as a legal paradigm capable of answering the challenges of the times. Positioning maqashid syariah as a modern legal framework does not mean modernising Sharia, but rather affirming that Sharia has an internal mechanism.

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