DESCRIPTIVE ANALYSIS OF IMAM AL-SYATHIBI'S THOUGHTS ABOUT MAQASHID AL-SYARI'AH

Abstract

This research is focused on maqashid al-syari'ah in the thought of Imam al-Syathibi. For Imam al-Syathibi, maqashid al-syari'ah is not only a unit of legal analysis but also an epistemology of Islamic law. Problems to be answered: First, what is the nature of maqashid al-syari'ah according to Imam al-Syathibi? Second, how is the concept of maqashid al-syari'ah thought in Imam al-Syathibi's Islamic legal thought? Third, what are the implications of the theory of maqashid al-syari'ah on Islamic legal thinking? Descriptive method is used to answer the main questions above. The findings are, First, Maqshid al-syari’ah is generally used as a unit of legal analysis, but al-Syathibi constructs it not only as a unit of legal analysis and legal doctrine, but maqashid as the essence of law which is the meeting point between syari' intentions and human actions. Second, in the construction of al-Syathibi, maqashid al-syari'ah is to ensure the goals and create the benefit of the ummah, both those who are dharuriyyah, hajiyyah and tahsiniyyah. Third, the theory of maqashid al-syari'ah has implications for legal reasoning which does not only rely on textual truth and qiyasi but on inductive research, namely drawing conclusions from the juz'iyah to kulliyah. In conclusion, the discovery and determination of law is based on the theory of maqashid al-syari'ah, so the resulting legal product is no longer based solely on the strength of the text (nash) but rather philosophical values, principles and universal values ​​of syari’ah.