Analysis on abandonment of shari’ah ruling of hudud due to preservation of maqasid al-shari’ah = analisis pemberhentian hukum hudud kerana pemeliharaan maqasid al-shari’ah

• Main Authors: Mat Jubri@Shamsuddin, Mustafa, Sitiris, Miszairi
• Format: Article
• Language: English
• Published: Akademi Zakat (AZKA) 2021
• Subjects: BP174 The Practice of Islam; BP3790 Criminal law and procedure; K5000 Criminal Law; KBP425 Uṣūl al-fiqh. Jurisprudence and theory of law. Science of legal reasoning.; KBP490 Furūʻ al-fiqh. Substantive law. Branches of law.
• Online Access: http://irep.iium.edu.my/88557/7/88557_Analysis%20on%20abandonment%20of%20shari%E2%80%99ah%20ruling%20of%20hudud%20due%20to%20preservation%20of%20maqasid%20al-shari%E2%80%99ah.pdf; http://irep.iium.edu.my/88557/; https://azjaf.zakat.com.my/index.php/azjaf/article/view/29/18

It is often seen that the maqasid regulates the validity of the rule of taklīfī from the point of view of its implementation, so that the maqasid has the ability to stop or maintain the practice of a rule. The Shari’ah rulings are seen as means to maqasid from another perspective, so the validity and existence of maqasid depends on the rules' application. With reference to the implementation of hudud law, the maqasid to be achieved is the preservation of the five main elements (darūriyāt khamsah) as well as the maintenance of general peace contained in the meaning of jalb al-maşlahah. The main purpose of this study is to explain the relationship between Shari’ah rulings and maqasid, in the context of the relationship between mean (wasīlah) and purpose (maqşad), and between small element (juzʾī) and large element (kullī), and its effect in the implementation of rules in general and hudud specifically. This study is based on two main methods, namely inductive data collection method and deductive data analysis method. The importance of this study is illustrated in the identification of the relationship between ruling and its maqasid, and between maqasid and its ruling. Among the results of this study are the abolition of a rule is not only seen from the point of view of preserving its maqasid but also, considering other angles such as changes in factors of the rule that lead it to different maqasid, besides the failure of achieving maqasid is due to failure of implementation the rulings, which therefore it should not lead to the abolition of the rules but to the improvement of their implementation. Hudud law and its implementation must be seen from the point of view of its relationship with maqasid in this way because the abolition of law results in the termination of maqasid itself.