"MAQASHID SYARIAH AS THE FOUNDATION FOR LEGAL DEVELOPMENT CONTEMPORARY ISLAM"

Abstract

This research aims to analyze the role of Maqashid Syariah as a foundation in the development of contemporary Islamic law in the midst of increasingly complex social, economic, and technological changes. Modern reality shows that textual Islamic legal approaches are often not able to answer contemporary problems comprehensively, so a more contextual and benefitoriented approach is needed. This research uses a qualitative approach with a type of normative research (library research), through the study of the Qur'an, hadith, and relevant classical and contemporary literature. The results of the study show that Maqashid Syariah has a strategic role as an epistemological and methodological framework in the development of Islamic law. By focusing on the purpose of sharia, namely the protection of religion, soul, intellect, posterity, and property, this approach allows for more flexible, adaptive, and contextual legal formulations. In addition, Maqashid Syariah is also able to bridge the gap between normative texts and social realities, as well as provide a basis for a more substantive and benefitoriented reconstruction of Islamic law. This study concludes that Maqashid Syariah can be the main paradigm in the development of contemporary Islamic law, but its implementation requires a systematic methodological framework to avoid subjectivity. Thus, the integration between maqashid, ushul fiqh, and interdisciplinary approaches is key in answering the challenges of Islamic law in the modern era.