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Islamic Law Reform in Indonesia from the Perspective of Maqāṣid Al-Sharī'ah: Kerinci’s Intellectual Views

Samarah: Jurnal Hukum Keluarga dan Hukum Islam · Vol. 8 No. 2 (2024) · pp. 750–769

DOI
10.22373/sjhk.v8i2.15051
ISSN
2549-3167, 2549-3132
Published
2024-05-11
Publisher
Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry
Language
eng

Abstract

Benefits cannot be achieved without going through reform, namely efforts to apply the law to the reality of society. So, reform is a necessity, although these steps do not mean replacing the teachings and laws that are absolute, fundamental, and universal and have been stated in authentic provisions. Reformation has quite wide room for movement in renewing ways of understanding, interpreting, reformulating, and conducting studies of Islamic law that are outside the area of Qath'iyyah, namely the provisions of Zhanniyyah, which are included in the scope of the area of reform. This research is included in the empirical legal method, which is explained by an analysis of the theory of maqāṣid al-sharī'ah according to intellectuals in Kerinci. This method provides an explanation of Islamic law that can be applied in the current era through renewal with maqāṣid al-sharī'ah analysis. Data was collected through in-depth interviews and a literature study. This study concludes that the renewal of Islamic law from the perspective of maqāṣid al-sharī'ah has three ways: first, prioritizing the worship aspect; second, the muamalah aspect; and third, a combination of both. The third method is a combination of ways of knowing maqāṣid al-sharī'ah through a pronunciation approach and a meaning approach. Utility, as the content of Islamic law, which is systematized through maqāṣid al-sharī'ah analysis, is of course not only seen in technical articles but must also be seen as something that contains philosophical values so that it becomes a universal and dynamic identity. According to Islamic intellectuals in Kerinci, the compilation of Islamic law has urgency and relevance to maqāṣid al-sharī'ah and is still very much needed as a step to reform Islamic law in Indonesia.

Keywords

Collaboration network of the authors

21 authors · 65 co-authorship links

Hover or tap a name to highlight its co-authors. Double-click to open the author's page.

  • Universitas Halu Oleo
  • Institut Agama Islam Negeri Kendari
  • Affiliation unknown
  • Different organisations
  • Same organisation
  • Affiliation unknown
  • Thicker line = more joint articles · bigger circle = more articles
Show as table
Co-authorOrganisationJoint articles
Kadir KadirUniversitas Halu Oleo2
Muhammad SudiaAffiliation unknown2
Sabarni SabarniAffiliation unknown1
Noviza RizkiaAffiliation unknown1
Elita ElitaAffiliation unknown1
Rahmah Diana FitriAffiliation unknown1
Buhori MuslimAffiliation unknown1
Bahrullah BahrullahAffiliation unknown1
Syufi Yanti BakaraAffiliation unknown1
Kgs Muhammad SobriAffiliation unknown1
Abdul HalimAffiliation unknown1
Irsan IrsanInstitut Agama Islam Negeri Kendari1
Akhmad IdrisAffiliation unknown1
Meria UtamaAffiliation unknown1
Marieska VerawatyAffiliation unknown1
Tuti Indah SariAffiliation unknown1
Achmad RomsanAffiliation unknown1
Herwin HerwinAffiliation unknown1
Hamet HashemiAffiliation unknown1
Maysam Aboutalebi NajafabadiAffiliation unknown1

Affiliations come from OpenAlex; journal OAI-PMH metadata carries none. Authors without an OpenAlex ID are matched by name, which can merge or split people.

Metadata source: OAI-PMH (metadata jurnal) https://jurnal.ar-raniry.ac.id/index.php/samarah/oai, first harvested 7 Nov 2026, last seen 7 Nov 2026.
Original metadata (oai_dc) 
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	<dc:title xml:lang="en">Islamic Law Reform in Indonesia from the Perspective of Maqāṣid Al-Sharī'ah: Kerinci’s Intellectual Views</dc:title>
	<dc:creator xml:lang="en">Azhar, Azhar</dc:creator>
	<dc:subject xml:lang="en">Reform of Islamic law</dc:subject>
	<dc:subject xml:lang="en">maqāṣid al-sharī'ah</dc:subject>
	<dc:subject xml:lang="en">compilation of Islamic law</dc:subject>
	<dc:description xml:lang="en">Benefits cannot be achieved without going through reform, namely efforts to apply the law to the reality of society. So, reform is a necessity, although these steps do not mean replacing the teachings and laws that are absolute, fundamental, and universal and have been stated in authentic provisions. Reformation has quite wide room for movement in renewing ways of understanding, interpreting, reformulating, and conducting studies of Islamic law that are outside the area of Qath'iyyah, namely the provisions of Zhanniyyah, which are included in the scope of the area of reform. This research is included in the empirical legal method, which is explained by an analysis of the theory of maqāṣid al-sharī'ah according to intellectuals in Kerinci. This method provides an explanation of Islamic law that can be applied in the current era through renewal with maqāṣid al-sharī'ah analysis. Data was collected through in-depth interviews and a literature study. This study concludes that the renewal of Islamic law from the perspective of maqāṣid al-sharī'ah has three ways: first, prioritizing the worship aspect; second,  the muamalah aspect; and third, a combination of both. The third method is a combination of ways of knowing maqāṣid al-sharī'ah through a pronunciation approach and a meaning approach. Utility, as the content of Islamic law, which is systematized through maqāṣid al-sharī'ah analysis, is of course not only seen in technical articles but must also be seen as something that contains philosophical values so that it becomes a universal and dynamic identity. According to Islamic intellectuals in Kerinci, the compilation of Islamic law has urgency and relevance to maqāṣid al-sharī'ah and is still very much needed as a step to reform Islamic law in Indonesia.</dc:description>
	<dc:publisher xml:lang="en">Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry</dc:publisher>
	<dc:date>2024-05-11</dc:date>
	<dc:type>info:eu-repo/semantics/article</dc:type>
	<dc:type>info:eu-repo/semantics/publishedVersion</dc:type>
	<dc:format>application/pdf</dc:format>
	<dc:identifier>https://jurnal.ar-raniry.ac.id/index.php/samarah/article/view/15051</dc:identifier>
	<dc:identifier>10.22373/sjhk.v8i2.15051</dc:identifier>
	<dc:source xml:lang="en">Samarah: Jurnal Hukum Keluarga dan Hukum Islam; Vol. 8 No. 2 (2024): Samarah: Jurnal Hukum Keluarga dan Hukum Islam; 750-769</dc:source>
	<dc:source>2549-3167</dc:source>
	<dc:source>2549-3132</dc:source>
	<dc:language>eng</dc:language>
	<dc:relation>https://jurnal.ar-raniry.ac.id/index.php/samarah/article/view/15051/9399</dc:relation>
	<dc:rights xml:lang="en">Copyright (c) 2024 Azhar Azhar</dc:rights>
</oai_dc:dc>