MAQÂSHID AL-SHARΒAH IN THE STUDY OF HADÎTH AND ITS IMPLICATION FOR THE RENEWAL OF ISLAMIC LAW (STUDY ON JASSER AUDA’S THOUGHT)

Ahmad Syafi’i Sulaiman Jamrozi*
*Mr., State Islamic University of Sunan Kalijaga, Indonesia, ahmadsyafii79@yahoo.co.id

Abstract
Jasser Auda’s effort in researching, utilizing and developing re-assessment of Maqâshid looks different from the study of previous Maqâshid, because the starting point of his study initiated and triggered by the annual report of HDI of the Islamic world which is still relatively low. This Reality is what encourages Auda to undertake mappings, and critical studies of existing theory of Maqâshid through the mobilization and integration of the study using the scientific approach and social science as well as contemporary humanitarian issues related to human rights, gender, harmonious relations with non-Muslims, etc. The Writer through this limited research paper intends to explore further one side of Auda’s thought, mainly related to the concept of maqâshid in the study of hadîth. The central questions to be answered in this study are: 1) How is the conception of Auda’s thought of Maqâshid in an effort to contextualize narration of the Prophetic traditions as the primary source of Islamic law? 2) How is the methodological implication of the contextualization of Prophetic narrations based on Auda’s maqâshid in the contemporary of Islamic legal reform? By using descriptive-analytic and critical approach, this article is going to answer these questions. The results of this study concluded that: 1) In order to gain a closer understanding to the purpose of the hadith, one way that can be pursued is through the contextualization of the Prophetic narrations (hadîth), especially when the scripture can’t be understood textually. The conception of Auda’s maqâshid could be a solution to the problem. First, Auda, in this terms, offers a way of reading the scripture based on the intent in the application of Islamic law and how its implications when maqâshid be a primary consideration in reading and applying the law. In this aspect, a contemporary reading of maqâshid gives more contribution, including maqâshid for thematic interpretation of the hadîth. The holistic approach in the thematic interpretation of hadîth based on Maqâshid approach has the potential to open opportunities up for the disclosure of the principles and moral values embodied by hadîth. For this, Auda added one more requirement for the validity of hadîth that has been applied for this. The requirement is ' a systematic coherence' from the conditions of authenticating the content (matan) of these narrations with the principles and values of Islam. Thus, a maqâshid-based approach could fill a crucial gap in the narration of hadîth, in general, which is the gap of missing context. Second, maqâshid combined with multi-dimensionality, according to Auda, can provide a rational and constructive solution to dilemmas that are considered to be contradictory; (2) The methodological implications of contextualization of the prophetic tradition based on maqâshid in the renewal of contemporary Islamic legal are the occurrence of what is called the “Contemporaryization concept of maqâshid” through the transformation of paradigm and theory of maqâshid  from the traditional theory of maqâshid to the contemporary theory of maqâshd which more takes account on development and rights.

Keywords:
Maqâshid, Hadîth, Islamic Law, Narration, Purpose, Anthropocentric.



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CITATION: Abstracts & Proceedings of ADVED 2017 - 3rd International Conference on Advances in Education and Social Sciences, 9-11 October 2017- Istanbul, Turkey

ISBN: 978-605-82433-0-9