Belajar Maqashid Syariah dengan Bapak Holillur Rohman FSH UINSA

Summary

In this presentation, the speaker, Khalilurrahman, discusses the importance of Maqasid Shariah (the objectives of Islamic law) in Islamic legal studies, especially in the context of Islamic family law. He highlights how Maqasid Shariah, though not explicitly mentioned by Prophet Muhammad, has always been a guiding principle in Islamic jurisprudence. The speaker further explains its application in contemporary issues, such as the necessity of marriage registration and the legal implications of underage marriage. Using Maqasid Shariah, he advocates for policies that protect the welfare of individuals, particularly women and children, ensuring justice and social benefit in Islamic law.

Takeaways

• 😀 Maqashid Syariah, the study of Islamic law's objectives, has become a central theme in Islamic legal studies, especially in family law and Islamic jurisprudence.
• 😀 Maqashid Syariah originates from two words: 'maqosid' meaning goals or objectives, and 'Syariah' meaning Islamic law, focusing on the purposes behind the enactment of Islamic law.
• 😀 The importance of Maqashid Syariah is highlighted by its early practice in the time of Prophet Muhammad, even though he did not explicitly label it as such.
• 😀 The concept of Maqashid Syariah is deeply connected with Usul Fiqih (Islamic jurisprudence theory) and has evolved in scholarly works such as Al-Ghazali’s and Al-Juwaini’s books.
• 😀 In contemporary discussions, scholars like Ibn Ashur have contributed significantly to the development of Maqashid Syariah, distinguishing it from traditional Usul Fiqih.
• 😀 The theory of Maqashid Syariah emphasizes that law should lead to public welfare and justice, focusing on the preservation of religion, family, financial security, and lineage.
• 😀 An example of Maqashid Syariah in practice is the requirement of marriage registration, despite the absence of clear texts in the Quran or Hadith on the matter.
• 😀 The registration of marriage is deemed beneficial for protecting the rights of women and children, ensuring justice and security within families.
• 😀 The application of Maqashid Syariah is critical when addressing modern legal issues that are not explicitly covered by traditional Fiqih, such as underage marriage.
• 😀 Maqashid Syariah allows for the adaptation of laws based on public welfare and moral harm, which can render certain acts, like underage marriage, harmful and therefore forbidden, even if no direct religious text forbids them.

Q & A

What is the main focus of the lecture presented in the script?

The main focus of the lecture is on the concept of *maqashid syariah*, or the objectives of Islamic law, with an emphasis on how these principles are applied to contemporary issues in Islamic family law, particularly in the context of marriage and its legal recognition.

What is *maqashid syariah*, as described in the script?

*Maqashid syariah* refers to the objectives or goals of Islamic law. It involves the pursuit of justice, welfare, and the common good for society, focusing on achieving benefits (maslahah) and preventing harm (mafsadah).

Why is *maqashid syariah* important in modern Islamic legal studies?

*Maqashid syariah* is important because it provides a framework to address contemporary legal issues that may not have direct guidance from the Quran or Hadith. It emphasizes the goals and purposes of Islamic law, focusing on justice and welfare, rather than strict literal interpretations of legal texts.

How does *maqashid syariah* relate to family law in Islamic societies?

In the context of family law, *maqashid syariah* ensures that legal decisions, such as those regarding marriage, are made with the aim of promoting the welfare of individuals involved, particularly women and children. For example, the registration of marriages can be justified through *maqashid syariah* to protect the rights of wives and children.

What issue does the speaker address regarding unregistered marriages in Indonesia?

The speaker discusses the legal challenges arising from unregistered marriages, commonly referred to as 'nikah siri'. These marriages often lead to the denial of the legal rights of wives and children, as there is no formal record to establish the marriage in court. The speaker advocates for the mandatory registration of marriages to safeguard these rights.

What is the connection between *maqashid syariah* and the registration of marriages?

The connection is that, according to *maqashid syariah*, the registration of marriages is essential for ensuring the welfare and legal protection of both spouses, particularly women, and children. This practice upholds the objectives of Islamic law by preventing harm and securing justice in marital relationships.

Why does the speaker argue that following traditional fiqh rulings may not always be sufficient?

The speaker argues that relying solely on traditional fiqh rulings may not address modern issues adequately, as these rulings are often based on texts that do not account for contemporary realities. *Maqashid syariah*, however, allows for a broader interpretation that considers the welfare and justice of society.

What is the critique offered by the speaker regarding the hadith about the marriage of Aisha?

The speaker critiques the literal interpretation of the hadith regarding Aisha's marriage at a young age. He points out issues with the authenticity of the hadith’s sanad (chain of transmission) and questions the historical and contextual understanding of the marriage, suggesting that it should not be used as a precedent for modern marriages.

How does *maqashid syariah* address the issue of underage marriage in Islamic law?

In *maqashid syariah*, underage marriage is considered harmful if it leads to negative consequences, such as physical, emotional, or social harm. While there is no direct prohibition in the Quran or Hadith, *maqashid syariah* teaches that actions causing harm should be avoided. Thus, underage marriage can be deemed impermissible if it results in harm, even if it is not explicitly forbidden in religious texts.

What role do general versus specific legal texts in the Quran and Hadith play in Islamic legal interpretation?

The speaker highlights the difference between specific legal texts (e.g., those directly addressing marriage or divorce) and general legal principles (e.g., commands for justice and fairness). While specific texts guide particular issues, general principles can be applied to broader situations, such as the registration of marriages, to ensure justice and welfare in modern contexts.