Maqashid Syariah sebagai Metode Ijtihad: Analisis Evaluatif Terhadap Pemikiran Mohammad Hashim Kamali

Abstract

_{This paper aims to analyze and evaluate the proposal of maqasid al-shariah as an independent method of ijtihad using two approaches: a conceptual approach and a practical approach. This qualitative study relies on literature sources. The findings indicate that maqasid al-shariah cannot serve as a standalone tool or independent method of ijtihad. Conceptually, maqasid al-shariah supports ijtihad as an integral aspect. If maqasid al-shariah were isolated as an independent method of ijtihad, it would no longer function as an inherent condition that permeates each ijtihad method. Such separation would lead to a dichotomy between ijtihad that considers maqasid and textualist ijtihad that neglects maqasid. Practically, the proposed maqasid al-shariah concept lacks methodological rigor. It does not possess a distinctive methodology that differentiates it from other methods. Strict methodology is crucial to preserving the authenticity of maqasid al-shariah, protecting it from subjective, desire-based interpretations. Claims of maslahah or maqasid al-shariah must be guided clearly by sharia sources. Once identified, maqasid al-shariah must also adhere to established ijtihad methodologies, such as qiyas, maslahah mursalah, or sadd al-dharai, among others.}