Maqashid Al-Shari’ah in Modern Sciences

April 12, 2012 Forum Tarbiyah 0 Komentar

Oleh: Diyah Putriani
Maqashid al-Shariah
The main concern in Islam is to protect the right in all aspect of every individual both materially and morally. The concept of Islamic safeguarding is known as maqashid al-shari’ah or the very objective of Islam. Dusuki and Abozaid (2007) stated that the concept of maqashid al-sharia reflects the comprehensive view of Islam. Islam integrates code of life and its goal encompasses to the whole life, individual and society; in this world and the hereafter. Thus, it has to be understood as a whole picture of Islam (in Dusuki, 2009). The world of Islam recognized the concept of safeguarding as al-kulliyat al-khams or adh-dharurat al-khams (5 basic elements) (Jauhar, 2009). Although there are many literatures concerning on maqashid al-shari’ah, however, one of the most fabulous maqashid al-shari’ah concept proposed by Imam Al-Ghazali in 1111.

Al-Ghazali stated that the maqashid al-shari’ah is to promote welfare of the ummah (Meera and Larbani, 2009 and Jauhar, 2009). In the work of Al-Ghazali, the classification of maqashid al-shari’ah is coveraged into 5 elements, as follows:
  1. Safeguarding of life (sovereignty)
  2. Safeguarding of faith 
  3. Safeguarding of intellect 
  4. Safeguarding of posterity
  5. Safeguarding of wealth
The significance of maqashid al-sharia does not merely affect the Muslim life; but it even influences the development of knowledge and sciences. In the past this concept only introduced to Islamic revealed studies. Nevertheless, since there was a spirit to Islamize the knowledge in the early of 1970th initiated by Naquib Al-Attas, the Islamic value then started to be induced in the “modern” sciences. It then developed at the second stage when in the beginning of 1980th, Faruqi proposed his work plan how to Islamize the knowledge. In short, the concept of maqashid al-sharia has widespread around the world along with the development of Islamization of knowledge, particularly in higher education. One of the project agenda of the movement is to Islamize the economics science, which was proposed due to the development of “modern economics” sciences. Additionally this science has branched out further from the original Islamic value.

The concept of usury (riba) in the recent monetary system might not be separated. Some of group argued that it is impossible to eliminate the interest rate element from the economics sciences, including finance study. In this case, Kayadibi (2011) delineated that the pro-riba groups believed that riba is the fundamental of global economic system due to it compensates a person’s consumption today for some potential benefit in the future. Rationally, interest indeed has to be existed in the economy. Therefore, those who against this thought are judged as an irrational and undeveloped class. Many recent conducted researches, on the opposite, proved that what is happening crisis today is triggered by the existence of interest rate in the economic system.

Meera and Larbani (2004) showed that loans are non-repayable in aggregate due to interest portion that must be paid back along with the principal. By the “small” thing of interest rate in the economy, the very objective of sharia (maqashid al-sharia) will never be attained. Further, the authors argued that since the indebted party unable to use freely their resource, thus this party will not be able to develop. For instance, when the public policy of an indebted country is stirred by the lender country, thus the policy decision will not anymore consider the domestic people aspirations. In this case, the sovereignty of the indebted country is indirectly “sold” to the lender. As the consequences, a whole life of the people of indebted country will follow what the lender country wants.

In conclusion, these 5 basic elements, as mentioned at the outset, cannot be separated each other, it is a binding. If one of these 5 elements is harmed, it will affect another elements and the maqashid al-sharia will never be reached. Thus, the concept of maqashid al-sharia is a very important foundation should be understood by moslem as a whole, particularly both the government as the ulu’amr and academician as a scholar.

References:
  1. Al-Attas, S. M. (1993). Islam and Secularism. Kuala Lumpur: ISTAC.
  2. Dusuki, A. W. (2009). Challenges of Realizing Maqasid al-Shariah (Objectives of Shariah) in Islamic Capital Market: Special Focus on Equity-Based Sukuk. Conference on Islamic Capital Market, Organised by Centre for Islamic Management Studies University Sains Malaysia. Penang: University Sains Malaysia.
  3. Jauhar, A. A.-M. (2009). Maqashid Syariah. Jakarta: Amzah.
  4. Kayadibi, S. (2011). The Pool Finance Economic System. In Pool Finance Economic System: Law, Democracy, Alliance of Civilization (pp. 9-36). Kuala Lumpur: IIUM Press.
  5. Meera, A. K. (2010).www.ahamedkameel.com. Retrieved January 1, 2011, from ahamed kameel: www.ahamedkameel.com
  6. Meera, A. K., & Larbani, M. (2009). Seigniorage of Fiat Money and the Maqāsid al-Sharī’ah: The Unattainableness of the Maqāsid. In A. K. Meera, Real Money (pp. 1-34). Kuala Lumpur: IIUM Press.

Oleh: Diyah Putriani Maqashid al-Shariah The main concern in Islam is to protect the right in all aspect of every individual both ma...

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