MAQASHID SYARI'AH DALAM MENJAWAB PROBLEMATIKA MUSLIM MINORITAS BARAT

(Studi Pemikiran Abdullah Bin Bayyah tentang Hukum Keluarga)

Abstract

The research will discuss the maqashid shari'ah offered by Abdullah Bin Bayyah. Where in studying this maqashid shari'ah, bin bayyah aims to provide solutions to minority Muslims living in the west. Before deciding on a law, according to bin bayyah, there are things that must be done first to be able to find the maqashid shari'ah. Among them is, tracing the legal source texts from the Koran and the Sunnah, then providing an explanation of the reasons ordered and forbidden of a matter, then proceed by identifying shari'ah law, where Allah provides only religious laws, also provides those is customary, but if no legal basis is found from the Koran and the Sunnah then it is excavated because the Shari'ah (al-Qur'an or Sunnah) was revealed, and finally by further researching the existing reality. With such a method bin binyah can find maqashid shari'ah and provide solutions to family law problems in Muslim minority areas living in the west.