Bangunan Baru Epistemologi Keilmuan Studi Hukum Islam Dalam Merespon Globalisasi

Abstract

The� term� Maqasid� al-Syari�ah is closely linked to the Islamic Studies, especially in the field of the� study of Islamic law and Islamic jurisprudence. Some Muslim thinkers, like al-Syatibi (d. 766/1388) in his work al-Muwafaqat and al-Tufi (d.716/1316) in� his� Risalah� are� the� most� representative� of� them.� This� article will� introduce� the� development� and� the� enrichment� of� Maqasid al-Syari�ah theory in� contemporary era via Jasser Auda�s thought. A difference from the previous theory of Maqasid al-Syari�ah, this contemporary theory of Maqasid al-Syari�ah can only be understood and developed, if and only if the Islamic law thinkers can and be able to integrate two different� type of scientific approaches,� namely� Historical� approach� and� Philosophical approach� in� the� same� time.� Historical� approach� very� keenly alerts the development and the movement of concept, meaning and interpretation in the understanding of Islamic law from the traditional,� modern� to� post-modern era.� While� philosophical approach utilizes the� systems theory � a theory which is commonly used� in� the� sciences � in the operationalization� of� those conceptual� entities. This� systems� theory� involves� six� features, namely� cognition,� wholeness,� openness,� interconnectedness, multidimensionality, and purposefulness. In the language� of scientific and institutional transformation of IAIN (State Islamic Institute) to UIN (State Islamic University) in the Islamic higher education� in� Indonesia� around� the� year 2000th, this changing scientific� outlook� is� patently� well� known as integration interconnection of scientific discourse.