At-Ta'awun : Jurnal Mu'amalah dan Hukum Islam

Kritik Wacana atas Transformasi Maqāṣid al-Syarī’ah dalam Studi Islam Kontemporer

Arif Sugitanata — 2025-03-31

The resurgence of Maqāṣid al-Sharī’ah discourse in contemporary Islamic studies is often positioned as a flexible bridge between divine values and the aspirations of modernity. It is hailed as an ethical framework capable of harmonizing Islamic legal tradition with the principles of social justice, human rights, and democracy. However, behind this euphoria lies a critical issue concerning how Maqāṣid is produced, claimed, and disseminated as a discourse imbued with various interests. This study aims to deconstruct the discourse of Maqāṣid in recent Islamic scholarship by tracing its shift from a normative analytical tool to an ideological instrument that often blurs the line between interpretation and political legitimization. This research was conducted through a literature study employing a descriptive-analytical-exploratory qualitative approach, utilizing Norman Fairclough’s Critical Discourse Analysis (CDA) as the analytical framework. The findings reveal that Maqāṣid is utilized not only to interpret Islamic law but also to reframe social reality through normative narratives that appear universal yet carry specific ideological underpinnings. In academic practice, it has evolved into an epistemic commodity that affirms liberal agendas without necessarily adhering to the rigorous methodologies of Islamic scholarship. In the political sphere, it functions as a rhetorical ornament of the nation-state to gain ethical legitimacy for policies that may not reflect the substantive values of Sharī’ah. Through the lens of CDA, this study positions Maqāṣid not merely as an interpretive tool but as a discursive practice that reflects power relations in the production of contemporary Islamic knowledge. Thus, this research offers not only a critique of the Maqāṣid euphoria but also calls for the restoration of a more reflective, open, and historically conscious discursive space in the development of an honest and resilient Islamic epistemology.

Fikih Ekonomi Nelayan: Studi Desa Gempolsewu Kabupaten Kendal Jawa Tengah

Umi Jayilatun Nikmah — 2025-03-31

This article examines the sharing of fish catches in Gempolsewu Village, Kendal Regency, in practice facing challenges of transparency, injustice in the distribution of results, which has the potential to harm one party. By using the empirical normative method. This study found that cooperation between fishermen and ship owners in Gempolsewu Village was carried out through a verbal agreement based on local traditions. This practice resembles the muḍārābah muṭlāqah contract, where ship owners provide capital and fishermen manage the business. This distribution of results is not fully in line with the principles of mu'āmālah fiqh, related to a clear agreement on profit sharing. In general, the distribution of results is 60% for fishermen and 40% for ship owners.

Fikih maṣlaḥah atas Perubahan Fungsi Lahan: Dari Pertanian Menjadi Kawasan Wisata di Kab. Wonosobo

Fatmah Sari — 2025-03-31

This article discusses the conversion of agricultural land into a tourist area from the perspective of maslahah mursalah. The qualitative method and the type of research used is field research using an empirical legal approach. The results of the study of the conversion of agricultural land into a tourist attraction in Damarkasiyan Village, which was started in 2015 by local youth, have had a positive economic impact: increased employment, community income, and diversifica-tion of income sources, along with the high value of land rent in the non-agricultural sector. The benefits obtained by the community as a whole are greater, so that this land conversion can be considered in accordance with the principle of maslahah mursalah, which emphasizes universal benefits.