THE CONCEPT OF MAQASHID SYARIAH AS THE FOUNDATION OF CONTEMPORARY FIQH IJTIHAD

Abstract

Maqashid syariah is one of the fundamental concepts in Islamic legal thought that holds an important position in the development of ijtihad, particularly in addressing various contemporary issues that are not explicitly found in classical sources of Islamic law. Social change, technological development, economic transformation, and the emergence of various new problems demand a legal approach capable of upholding the principles of syariah while also providing solutions to the needs of society. This article aims to analyze the concept of maqashid syariah as a foundation for contemporary fiqh ijtihad and to explain its relevance in responding to changes in modern life. This research uses a library research method with a qualitative-descriptive approach. Data were obtained from various literature related to maqashid syariah, ushul fiqh, the thought of classical and contemporary scholars, and studies on the development of modern fiqh. The results of the study show that maqashid syariah provides a methodological framework for mujtahids to understand the objectives, benefits (maslahah), and wisdom behind the provisions of syariah. The protection of religion, life, intellect, lineage, and property forms the main foundation for safeguarding human welfare. In the contemporary context, the maqashid approach allows ijtihad to be carried out in a more contextual manner without neglecting the basic principles of syariah. Therefore, maqashid syariah can serve as one of the important foundations in the development of contemporary fiqh that is responsive to changes of the times, oriented toward the public good, and remains normatively legitimate within the tradition of Islamic law