MAQA>S}ID AL-SHARI>’AH SEBAGAI PENDEKATAN IJTIHA>D PERSPEKTIF NU>R AL-DI>N AL-KHA>DIMI>

Abstract

One of the discourses of Islamic legal thought that rolled in the 21st century is the model of ijtiha>d which goes to the universal value of maqa>s{id al-Shari>‘ah. The conclusion of the study of maqa>s{id is seen from the substance of Islamic shari>‘ah and is able to answer various legal issues in the contemporary era. This progressive thinking model is quite diverse, but not a few who reap the controversy among scholars about its validity. One of the scholars who contributed to the idea of ijtihad based on maqa>s{id is Nu> r al-Di> n al-Kha>dimi> who is popular with the conceptual idea of ijtiha>d maqa>s{idi>. Al-Kha>dimi> is not a wild thinker who neglects the treasury of classical scholar's thinking. Instead, the concept of ijtiha>d maqa>s{idi> is addressed as the signs for those who tend to like the universal things maqa>s{id such as equibbling the benefit, justice or equality of degree which can justify everything. Al-Kha>dimi> is calling for a synergy between the rationality of Islamic law with the call of revelation that forever remain a primary source in the establishment of Islamic law. According to al-Kha> dimi>, synergizing between the two can still realize the Islamic Shari'ah which is s{a>lih{atun fi> kulli zama>n wa maka>n.