MAQASHID AL-SYARI'AH ACCORDING TO MUHAMMAD THAHIR IBN ‘ASYUR

PRELIMINARY

Maqashid al-Shari'ah's theory in the discourse of Islamic law and ushul fiqh has a very tortuous history. In each phase of history this theory has different characteristics and characteristics in the hands of the respective initiators. This proves that this Maqashid al-Shari'ah theory experienced a kind of evolution and always developed according to the spirit of the era and the social needs that surrounded it. At present, the era of globalization based on global countries (global governance) and the nation state has been born with very complex challenges and problems. Therefore, reconstruction and contextualization of Maqashid al-Shari'ah is needed in order to answer the challenges of space and time. Maqashid, which has been understood as a concept, a group of values, must be transformed into an approach method, and by itself implies the need to reformulate and contextualize ushul fiqh. [1]

After the death of al-Syathibi, the progress of the development of Maqashid's discourse experienced acute stagnation. The maqashid discourse which was first neatly and systematically codified by Imam al-Syathibi suddenly disappeared without a trace. Perhaps one of the faint factors of the Maqashid discourse was caused by the fall of the power of the Islamic state in Andalus - where al-Syatibhi lived - in the hands of Spanish Christian rulers. At the same time, the massive expulsion of Islam (taftisy court) from the land of Andalus, and its logical implications, disappeared, almost all relics of Islamic culture along with the great works that had been recorded, including books by al-Syathibi.

Until later in the first half of the 20th century, Ibn ur Asyur emerged as the father of maqashid reformation, which offered a new approach in studying maqashid sharia which was adapted to contemporary reality and the modern context. This reform effort, contained in his brilliant work, maqashid al-sharia al-Islamiah which was first published in Tunisia, in 1946 AD In this book, intentionally Thahir bin 'Asyur aimed to reveal the secrets and wisdom of decreasing the Shari'a, as a lighting torch, when the emergence of ikhtilaf among ulama, both due to differences in life span, social conditions of society, or differences in levels of ability in the formulation of a law. [2] This offer of Ibn Asyur, can be said as a bridge that can minimize the existence of an erroneous gap between Muslims, in order to eradicate the tendency of narrow fanatics of followers of certain schools and disintegration of the people. [3] In his book, Assyria emphasized that Islamic law which is in accordance with Maqashid Sharia aims to show the majesty of sharia itself; that Islam actually helps maintain the upright position and prevents harm. More than that, the most important is tasyri 'Islamic law plays a role in creating order and improvement in society. [4]

DISCUSSION

A. Curriculum Vitae of Thahir bin Ashur [5]

1. Birth and Background of Education

On the northern shore near the Tunis capital, Ibn Assy was born in 1879 AD from the womb of the noble family of science lovers. Ibn Assyy began his education at the age of six by studying the Koran and memorizing it under the care of Sheikh Muhammad al-Khiyari. Then proceed with studying the matan ajrumiah in the field of nahwu and the books of fiqh of the Maliki school. In 1893 M studied at Zaitunah College, the oldest Islamic higher education institution in the Maghreb region that has existed since the 8th century AD There he studied ulum al-quran, hadith, fiqh, ushul al-fiqh, history, language and so on, besides he also studied French, the official language used by the French colonial government in Tunisia at that time. As soon as he arrived from Zaituna which was marked by obtaining a diploma ', he continued to study with the Tunisian Minister of State, Sheikh Aziz Benashur, Shaik al-Islam Mahmud Benhojah, one of the Hanafi madrassas in Tunis, Sheikh Salim Bouhajib a great scholar of Maliki, and Sheikh' Umar Ahmad , The high priest of the Maliki school. Of the many teachers, the four teachers gave the most important influence in the intricacies of the intellectuals of Thahir bin Asyur.

While the academic career of Thahir bin 'Asyur began with being a teaching staff at his alma mater, Zaituna after obtaining a tathah diploma in 1899 AD, continued with his success in becoming a cleric of tabaqat at-tsaniah in 1903 AD, lecturer at the madrasa al-shadiqia in 1904 AD the rank of ulama of thabaqat al-ula in 1905 AD, was a member of the Reformation Council of Education Members and the Auqaf Assembly, became the Chief Justice of the Maliki school in 1923 AD, then continued to serve as a major mufti of Tunisia a year later. In addition to playing an active role in the field of education in his country, he also actively participates in various international seminars and workshops, such as his participation as a researcher in majma ’lughah al-‘arabiah (Center for Language Studies in Damascus and Cairo.

Throughout his decades of intellectual wandering, Ibn 'Asyur produced many scientific works, both in the form of sharah (explanations) for the work of other scholars, tahqiq (commentary), collection of poetry, and scientific books. Here are some of the works of Thahir bin 'Asyur; tahrir interpretation book al-ma'na al-sadid wa tanwir al-'aql al-jadid min tafsir al-kitab al-majid, maqashid al-shari'ah al-Islamiah which is the magnum opus in the field of maqashid al-shariah , alaisa al-subh biqarib, ush al-nidzam al-ijtima'i fi al-islam, kashf al-mughatha min al-maani wa al-alfadz al-waqi'ah fi al-muwatho ', naqd ilmi likitab al-islam wa ushul al-hukm, and many more of his books, including manuscripts, personal notes, lectures and scientific papers that are still scattered and not yet recorded.

2. Socio-political settings

In general, the portrait of political conditions in the life of Ibn 'Asyur is divided into two large fragments of the period of life. The first is the era of French colonial rule over the maghrib countries ‘arabi (Morocco, Al-Jazair, and his country, Tunisia) which ranged from 1881-1956. While the second period was the period of independence achieved by the people of Tunisia in 1956 to 1973, the year he died.

The first period of his life, was marked by various major events in the Islamic world such as the weakness of the Ottoman Caliphate's authority over his powers. As a result, this was exploited by European imperialist countries to nail their power over Islamic countries in the Middle East, including Tunisia. Trying to escape the French occupation, various popular resistance movements grew. At least, there are three important factors in encouraging the emergence of various movements including the influence of the reform movement initiated by Muhammad Abduh in Egypt. Urwa al-wutsqa, the magazine that was nurtured by Abduh managed to give a strong influence to the people of Tunisia to rise up to fight against the colonial rulers. People's consciousness against the authorities grew stronger after Abduh's visit to Tunisia in 1884 and 1903. The second factor that had a major influence on the flow of resistance of the Tunisian people was the thoughts of a Tunisian reformer, Khairudin al-Tunisy, where he tried to advance his nation through educational path. The steps taken by al-Tunisy include disseminating the idea of ​​liberation through his writings in various magazines and printing cheap books to be distributed to the public, and establishing the universities of Khalduniah and al-Sadiqiah to study modern sciences. While the third factor was direct confrontation with the authorities, which led to physical clashes between Tunisian fighters vis a vis the rulers of France, such as the 1912 Zalaj and Teram events, Ibn Askar's Revolution in 1915, the emergence of the niqabiah embryo in 1924, and the Tunisian national conference in 1946 which demanded full independence for France. All this upheaval continued until the proclamation of independence in 1956, which marked a new era in the life of the people of the country of Tunisia.

Post-independence which was marked by the rise of Habib Borgouiba as president, there were many major changes in the face of Tunisia. Under the pretext of catching up with the country from developed countries, Borgouiba actively carried out a campaign of secularization everywhere and claimed it was the only way to bring the country towards progress. Islam is set aside from the political arena, even from the public sphere. As a result, religious syariah is almost invisible in everyday life. Except in official rituals such as Friday prayers or religious holidays. On the other hand, Western tradition is the only ideal prototype that is worth following. In the name of human rights and freedom, portraits of liberal, humanist and compromise Islam began to be developed and human rights material became one of the main learning materials in all educational institutions.

B. Maqashid Sharia according to Thahir bin Asyur

1. The Urgency of Maqashid Syariah in the Jurisprudence Study

The idea of ​​maqashid sharia, as a value, principle, and paradigm, has been well known when the early days of Islam, even some have identified that maqashidi's thinking has existed since the time of the Prophet. [6] But conceptually, the thinking of the new maqashid sharia is systematically compiled by Al-Syathibi. So that many people consider al-Syathibi the father of the first formulator of Maqashid Shari'ah.

Al-Syathibi wrote al-Muwafaqat with the aim of 'reconciling' between the Maliki schools of thought which became the majority of the madzahab in Granada at that time, and the Hanafi schools as minority schools. One of Imam Syathibi's motivations for writing works that specifically discussed Maqashid Syariah was the emergence of the excessive attitude of ta'ashub practiced by the ulama of Granada and the people of Andalusia at that time against the Maliki school of thought. They see that everyone who is not a Maliki school is misguided. As is well known that Andalus society held this Maliki school closely since their king Hisham al-Awwal bin Abdurrahman ad-Dakhil who ruled from 173-180H made this school an official state school. [7]

Because of their excessive understanding, they no longer know even tend to be unfriendly to other schools, especially the Hanafi schools, so Muhammad Fadhil bin Asyur described them: "They no longer know anything other than the Qur'an and al-Muwatha 'Imam Malik" . [8]

From the above description, we can conclude that methodologically, the understanding of jurisprudence with the maqashid approach as done by al-Syathibi, is the best way to minimize the occurrence of mistakes and debates in fiqh, which often lead to divisions of the Ummah and Muslim groups madzhab box which is actually counterproductive to efforts to unite Muslims.

If at that time in Granada there were two schools of thought which in practice in society competed with each other and were even hostile, al-Syathibi felt that it was very urgent to make works that systematically and conceptually could minimize tensions between the two schools, so that in the present the tension that often occurs is not only between two schools of thought, but has expanded between and in the four Sunni fiqh schools, plus syiah and wahhabi, the urgency to revive the stirring thoughts about Maqashid Syariah has increasingly found its relevance.

While methodologically, the urgency of the study and excavation of maqashid sharia is deemed necessary because the understanding of it is the key that opens the shackles of the rigidity of thinking and the freezing of the paradigm of Muslims in looking at Islamic sharia itself. Because the Islamic Shari'a up to now has not been felt to be a problem solver and a problematic deadlock solver that plagues the people, answering the challenges of the times and alleviating people from setbacks and adversity. On the contrary, Shari'a is still limited to being seen as a legal-formal law that burdens life, becomes a rigid rule that limits daily interaction (with halal-haram fatwa) and has not been interpreted as a solution to existing problems in order to achieve the benefit and convenience of the people. by Syari 'Azza Wa Jalla at first.

Departing from the above thoughts, the efforts to reformulate maqashid sharia are important, of course, with all changes in the era that occur in such a way, then these efforts must be adjusted and contextualized with social needs in the present. The reformulation and contextualization of Maqashid Syariah will be explained behind.

2. Normative Arguments of Maqashid Syariah

Regarding the maqashid legality, as stated earlier, that Allah as the Shari'a Owner is impossible to reduce the Shari'a to humans without being accompanied by noble goals and wisdom. Assyria explained the legality (hujjiyyah) maqashid syari'ah by driving the verses of the Koran which hinted at this, as in QS. Al-Dukhan 38-39, al-Mu'minun 115, al-Hadid 25, Ali Imran 19, al-Nisa 171, al-Shura 13, al-Maidah 44-48, al-Baqarah 179. [9]

3. Definition and scope of Maqashid Syariah

etymologically (ma'na lughawy) the maqashid word is rooted in the verb (قصد- يقصد- قصدا- ومقصدا). Which means purpose or goal. In daily use, maqashid has at least three meanings, (1) depend and bring something, (2) a straight and easy way to go, (3) fair and moderate. [10]

While in terminology (ma'na isthilahy) there are several meanings which are close together which means that it leads to the meaning of "the purpose and purpose behind the Shari'a for the benefit of the people". Many definitions have been given by scholars regarding the meaning of maqashid sharia, where between definitions and other definitions are complementary. According to Thahir bin ‘Asyur himself, the definition of maqashid sharia is:

المعاني والحكم الملحوظة للشارع في جميع أحوال التشريع أو معظمها, بحيث لاتختص ملاحظتها بالكون في نوع خاص من أحكام الشريعة, فيدخل في هذا أوصاف الشريعة وغاياتها العامة والمعاني التي لا يخلو االتشريع عن ملاحظتها.

The meanings and the wisdom that are the considerations of Shari 'in all or most of his tasyri, where such considerations are not limited to one particular type. So, included in maqashid is the characteristic of shari'ah, its general goals, and meanings that are not possible to be considered in pentasyri'an. [11]

4. Method of Determining Maqashid Syariah

Regarding the method of determining maqashid shari'ah, Thahir bin Asyur had a difference with al-Syathibi. According to Asyur, there are three methods for determining maqashid syari'ah:

a. Examining 'policies' / Tasharrufat sharia. This step can be in two forms:

1) Examine the laws that have been known to illat through the masalikul illat procedure known in ushul fiqh, and then seek wisdom from these laws. For example, the ban on muzabanah and the sale and purchase of wet dates. Maqashid that can be taken on the prohibition is: to avoid fraud (gharar) in transactions. Another example, it is forbidden to propose a woman to change (while in someone else's proposal). So the maqashid that appears from this case is: in order to maintain the continuity of ukhuwwah among fellow Muslims. [12]

2) Researching inductively the legal arguments that have the same illat, thus giving confidence that the illat is what is desired by syara 'or who becomes maqashid al-syariah. Example: the prohibition of buying and selling food before it reaches the buyer, barter food with one of them owed and the prohibition of hoarding food. So from these three issues one illat tasyri 'can be drawn, which is for the sake of healthy food distribution in the market and so that food can be easily obtained. So this is the illat who became the maqashid banning the three cases. [13]

b. Understanding the Quranic arguments which are clear, the possibility of other intentions other than those that appear from the Quranic arguments is weak. for example:
والله لا يحب الفساد
This verse has revealed the basis and principle of maqashid sharia. [14]
c. Understanding the Mutawatiroh Sunnah:
1) Tawatur Maknawi, that is what was witnessed by the majority of friends as a deed from the Prophet, so that it became mutually agreed upon knowledge, Example: encouragement to give alms to some of the assets and to save (alhabs) some of the others, the two sermon of the Eid feast that was held after prayer. [15]
2) Tawatur 'Amali, ie some friends see the actions of the Prophet repeatedly, so as to give conclusions to the purpose or its maqashid al-shari'ah Example: iqrar (silent) Rasul when he saw a friend (Abu Barzah Al-Aslamy) running chasing loose camels while in prayer. [16]

5. Prophet's behavior
Ibn Asyur divided the Apostle's behavior into twelve parts.
a. At-Tasyri '(pensyari'atan), this is the most dominant, and because of this reason God made him an Apostle on earth.
b. Fatwa. Like the Prophet's words on the day when the sahabta ask something different, then the Apostle answers: "إفعل ولا حرج"
c. Qadha. Generally this happens to someone who is at loggerheads.
d. Priest. Like the words of the Prophet: "من قتل قتيل فله سلبه"
e. Guidance and Counseling, and this is more general than the first part (at-tasyri ') because sometimes the Prophet instructs and prohibits things not because something is a necessity, but because something is more important and good.
f. Benefit together. Like when there was a dispute between Zubair and Humaid al-Ansari in water irrigation problems
g. Signal. Like the Prophet's Isarat to Umar: "إن الراجع في صدقته كالكلب يعود في قيئه"
h. Advice. Like the Prophet's advice to Fatimah Binti Qais:
 "أما أبو جهم فلا يضع عصاه عن عاتقه وأما معاوية فصعلوك لا مال له".
i. Self-perfection As suggested by the Prophet to visit the sick, follow the body until buried, pray for people who sneeze, answer greetings, come to invitations etc. And the Prophet's prohibitions such as wearing gold rings, cursing glasses made of silver, wearing silk for men etc.
j. Science of Nature, and indeed this is the service of the Apostle and his companions. Like the hadith of Abu Dzar, he said, "If I have gold as big as Mount Uhud, then I will spend it all except for the remaining three dinars".
k. Discipline, like the Prophet's threat to burn the houses of friends who did not join the congregation. Because it was impossible for the Prophet to burn the houses of friends, and indeed that did not happen. So threats like this can be interpreted as important to always be disciplined in congregation.
l. General habits. Like the Prophet's behavior when he was at his house, when looking for ma'isyah for his life. In this case the Prophet said "إنما أنا بشر فاعملوا بما يصلحكم".
At the end of the discussion Ibn Ashur argued for the importance of a fidin mutafaqih to always analyze and observe prophetic behavior. Then he gave an example of indications about At-Tasri ', namely in the form of attention of the Prophet to convey something to the public, to keep practicing it, and to inform the law of the act, for example the Prophet's saying "لا وصية لوارث". While indications of something that does not include recitation (at-tasri '), namely, the lack of perseverance of the Prophet to do an act.
Of the several characteristics and behavior of the Prophet mentioned above, according to Ibn Asyur, one of the most important things to be understood further is the matter of recitation (at-tasri '), because that is the essence of prophethood itself. Allah says in surat al-imran verse 144 "وما محمد إلا رسول". [17]

C. Maqashid As a Basic Criteria for Renewal
Based on maqashid's analysis of various basic linguistics and proofs / rational methods, it appears that the realization of maqashid is not specific to several ushul methods, such as analogies or interests, which have recently been widely suggested by traditional and contemporary theories. Jasser Auda argues that the realization of Islamic law maqashid is the core goal of all the basic linguistic and rational methodologies of ijtihad, without looking at their various names and approaches. Moreover, the realization of Maqashid, from the point of view of a system, will maintain openness, renewal, realism and flexibility in the Islamic legal system.
Therefore, the validity of ijtihad, and thus the instruments of ushul fiqh (also qawa'id al-ushul) must be determined based on the level of objectives, such as the level of realization of maqashid al-shari'ah. Likewise, the validity of a law must be determined based on the level of realization of maqashid. The choice between alternative huk

No classic Maqashid Theory Contemporary (postmodern) Maqashid theory
1 Keeping offspring (an-nasl) A theory that is oriented towards family protection, more concern for family institutions
2 Maintain reason (al'Aql) Multiply scientific thinking and research; prioritizing travel seeking knowledge; suppress the mindset that prioritizes the crowd mobility crime; avoid attempts to underestimate the work of the brain
3 Maintain honor and soul (an-nafs and al'irdh) Maintain and protect human dignity; safeguard and protect human rights
4 Guarding religion (ad-Din) Maintaining, protecting and respecting freedom of religion and belief
5 Safeguarding property (al-mal) Prioritizing social care; pay attention to economic development and development; encourage human well-being; eliminate the gap between poor and rich.


BIBLIOGRAPHY
Aep Saefullah Darusmanwiati, "Imam Syathibi:
Mr. Maqasid al-Syari'ah Pertama "(www.islamlib.com);

Ahmad Muhammad, "Reconstruction of Maqashid al-Shari'ah in Perspektif Thahir bin‘ Asyur (An Effort to re-dialogue the Shari'a with reality) ", www.ruangkesadaran.blogspot.com;

Amin Abdullah, "Epistemology of Inheritance Law Studies in Classical, Modern and Postmodern Islam (Jasser Auda's Philosophical Approach)", Preface in: Waryani Fajar Riyanto, Inheritance System of Classical, Modern and Postmodern Islam (System Philosophy Perspective) (Pekalongan: STAIN Press, 2012):

Amrullah, "Stretching of the Maqashid Shari'ah Thought (since I H./VII M. to 14/21 M.)" Papers of the Division of Jurisprudence of Jurisprudence of the Bahtsul Masail Institution of the Nahdlatul Ulama Special Branch (LBM PCINU) on the 20th February 2013 at the PCINU Secretariat in Egypt.

Thahir bin Asyur, Maqashid Al-Syari'ah Al-Islamiah, (Amman: Dar al-Nafais, 2001);

The Editorial Team, "The Ulema's Thought Map of Maqashid Syari'ah: Towards Contextualization and Reformulation", Journal of Mlangi, vol. I No. 3 (November 2013-February 2014);

Editorial Team, "Ushul Fiqh: Contextualization or Reformulation", Journal of Mlangi, vol. I No. 3 (November 2013-February 2014):

Warson Munawwir and Atabik Ali, Dictionary of al-Munawwir (Yogyakarta: Library Progressif, 1997).




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[1] Editorial Team, "Usul Ulema's Thought Map about Maqashid Syari'ah: Towards Contextualization and Reformulation", Mlangi Journal, vol. I No. 3 (November 2013-February 2014), p. 33
[2] Thahir bin Asyur, Maqashid Al-Shari'ah Al-Islamiah, (Amman: Dar al-Nafais, 2001) p. 3
[3] Ibid.
[4] Muhammad Thahir bin ur Asyur, Op. Cit., P. 170
[5] This biography of Thahir bin Asyur all the authors quote from Ahmad Muhammad's paper, "Reconstruction of Maqashid al-Shari'ah in Perspective Thahir bin‘ Asyur (An Effort to re-dialogue the Shari'a with reality) ", www.ruangkesadaran.blogspot.com
[6] One sample of ijtihad based on maqashid in the time of the Prophet, as stated by Jaser Audah (modern maqashid expert), is ijtihad Sahabat related to the hadith of Bukhari and Muslim who textually prohibits performing prayers except in the Banu Quraidhah. At that time the Companions who understood the hadith maqâshidiy carried it out in the middle of the journey, not in the Banu Quraid. They understand that the purpose of hadith is al-isrâ '(rush). Although textually what they do is related to the meaning of the birth of the text but is justified because it is in accordance with the objectives contained in the text. This is evident when the case was reported to the Prophet, the Prophet did not deny. For Jaser, the hadith is the basis of the possibility of digging maqashid from the text based on strong guesses (dhan al-ghâlib). After the death of the Prophet, especially in the hands of Umar's best friend ra. ijtihad-ijtihad which is based on the benefit that is the main pillar of the maqashid is more encouraged. Look in: Amrullah, "Stretching the Thought of Maqashid Shari'ah (since I H./VII M. to 14/21 M.)" Paper presented in the Ushul Jurisprudence Study was held by the Division of Jurisprudence of Jurisprudence, Bahtsul Masail Institution Branch Manager Special Nahdlatul Ulama (PCMU LBM) on February 20, 2013 at the PCINU Secretariat in Egypt.
[7] Muhammad Fadhil bin Asyur, A'lam al-Fikr al-Islamy, (Tunisia: Maktabah an-Najah, t.th.), p. 10., as quoted by Aep Saefullah Darusmanwiati, "Imam Syathibi:
Mr. Maqasid al-Syari'ah Pertama "(www.islamlib.com), accessed on May 15, 2014
[8] Ibid.
[9] Thahir bin Asyur, Op. Cit. p. 177-179
[10] Warson Munawwir, Dictionary of al-Munawwir (Yogyakarta: Progressive Library, 1997)
[11] Thahir bin Asyur, Op. Cit., P.
[12] Thahir bin Asyur, Op. Cit., P. 190-192
[13] Ibid., P. 192-193
[14] Ibid.
[15] Ibid., P. 194
[16] Ibid.
[17] Ibid., P. 212-231
[18] Editorial Team, "Ushul Fiqh: Contextualization or Reformulation", Journal of Mlangi, vol. I No. 3 (November 2013-February 2014), p. 8-82.
[19] Editorial Team, "Ushul Fiqh: Contextualization or Reformulation", Journal of Mlangi, vol. I No. 3 (November 2013-February 2014