ISHKALIYYAH AL BAY'AH WA MAQASID AL SHARI'AH FI AL NAZAM AL MA'RUFI AL ISLAMY AL MU'ASIR INDA ABDUL MAJID AL NAJJAR WA YUSUF AL QARADAWY

Ihwan Amalih, NIM.: 1630016043 (2023) ISHKALIYYAH AL BAY'AH WA MAQASID AL SHARI'AH FI AL NAZAM AL MA'RUFI AL ISLAMY AL MU'ASIR INDA ABDUL MAJID AL NAJJAR WA YUSUF AL QARADAWY. Doctoral thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Maqasid al-Syari'ah discourse has recently developed into a new issue related to the environment. Therefore, this research focuses on the study of the world's environmental problems in this contemporary era and their correlation with the Maqosid Syari'ah epistemology. This study examines the ideas of Abdul Majid Al-Najjar and Yusuf Al- Qaradawi about how the epistemology of maqosid shari'ah has developed towards a new discourse, i.e., the address of environmental preservation and what is the position of ecological preservation in maqosid shari'ah and the similarities and differences between the two. Library research qualitative is implied in this study by using the epistemology theory from Micheal Foucault and the Islamic epistemology theory by Isma’il Raji al-Faruqi. The result of this study produces several findings. First, Maqasid Shariah epistemology has developed into environmental research because of the epistemological disconnection in Maqasid Shariah. It can be seen from the epistemological style of Maqasid Shariah in the traditional era which does not yet cover the most essential principles that emerge in the contemporary context. Therefore, the emergence phenomenon of environmental crisis in contemporary life emphasizes a recent breakthrough is needed in developing Maqasid Shariah epistemology in the contemporary era. Second, the Maqasid Shariah Epistemology contemporary positions the importance of environmental preservation as an integral part of the five primary human needs, as proposed by Yusuf al-Qaradawi. Meanwhile, Abd al-Majid al- Najjar suggests a new idea about environmental preservation possibility is a separate section from the five primary human needs, i.e. additional elements into six primary needs. As for the application of environmental preservation in Maqasid Shariah, Al-Qaradawi uses the term "care" as an expression that requires environmental preservation from the side of caring for it employing development, and from the side of protecting it from damage and extinction. How to care for the environment covers several fields, e.g protecting the environment with greenery, architecture and fruiting, cleaning and disinfection, resource preservation, human health preservation, and benevolence to the environment, while preserving the environment from damage to maintain ecological balance and limit consumptive actions. Abd al-Majeed al-Najjar uses the term "convenience" because the word "convenience" essentially combines the meaning of benefit and virtue and shows the benefits of the environment and its preservation together. Environmental benefits include spiritual and material benefits, while the virtues of the environment include maintenance and consumption. Third, theoretically, both of them criticize the classification of the primary objectives of the Maqosid Shariah proposed by classical scholars. They argue this classification does not fulfill all the primary human needs to achieve the benefit, because some goals or interests have not been accommodated in the five classifications of primary needs established by classical Maqosid Shariah scholars. Therefore, both figures call for the importance of the development and renewal of epistemology in the Maqasid Shariah so that it can solve the new problems that arise in the contemporary era. The ideas offered by Abdul Majid An-Najjar and Yusuf al-Qardhowi will positively imply the problems of renewal in the study of Maqasid Shariah to answer the issues and challenges of current issues, especially those related to environmental issues, as well as building environmental protection awareness among Muslims. The application of this theory also influenced the renewal movement in fiqh science in producing laws related to environmental problems. On the other hand, although both have put forward new ideas on the study of environmental conservation in the Maqasid Shariah, there are also weaknesses and shortcomings, especially when it comes to environmental problems and their solutions. Because both still rely on textual sources either from the text of the Qur’an or from the hadiths of the Prophet, and they do not refer to empirical data sources. Even though, environmental issues are empirical and global problems that have been researched and studied extensively by experts. From the results above, researchers argue that environmental issues need serious attention from all parties, especially among Muslims. It is because preserving the environment is part of the highest goal of Islamic law to achieve other human interests and needs. On the other hand, commitment to take care the environment is part of a divine commitment and a human commitment, because the environment is considered as part of a wider universe, does not stand alone, but is a causative result of another entity that is completely different from it in all respects. It is the ultimate being who created nature in the first place, then he guarded it and managed its affairs throughout its existence, and witness to the environment is a divine testimony. So that man stands in it at the manifestation of the divine in all its conditions. Humans must view the universe as a sign of divinity because everything in it indicates the existence of God Almighty. In simple language, the universe is the silent word of God, and the Qur'an is the word that speaks, or the universe is a visible book and the Qur'an is a written book. Therefore, human relations with the environment are not only limited to physical/material relations but more importantly spiritual relations.

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