Efektivitas Maqâshid Al-syarì'ah Dalam Istinbâth Fiqh Minoritas; Telaah Atas Pemikiran Yûsuf Al-qardhâwì

Abstract

This article examines the method of minority fiqh which is formulated by yusuf al-Qardhawi. As a contemporary scholar of Islamic law, he promotes a method of Islamic law that is suitable for contemporary needs. This study builds on the concept of the objectives of Islamic law (maqasid al-shari'a) as this is formulated by classical and contemporary scholars. According to al-Qardhawi, Muslim minority need a special formula of fiqh which is relevant to their contexts that cover their basic, secondary and tertiary needs. He therefore sets up nine methodological principles for minority Muslims to help resolve their challenges and legal problems. Minority fiqh is Islamic law on the basis of the realization of maqasid elastically and flexibly in the place where Muslims are minority. By this method, products of Islamic law will give greater benefit for minority Muslims in such minority circumstances