INTEGRASI MAQASHID SYARIAH DALAM STUDI COMPARATIVE LAW (PERBANDINGAN HUKUM):

MENYUSUN PARADIGMA HUKUM RESPONSIF

Abstrak

This study explores the relationship between maqashid sharia (objectives of Islamic law) and comparative law within the context of Islamic jurisprudence. The main focus is on prioritization and balancing jurisprudence as tools for understanding and applying sharia law in contemporary situations. Key issues identified include misunderstandings of sharia texts, the inability to assess changes in time and conditions, and the differences between branch and core laws. Prioritization and balancing jurisprudence play a crucial role in addressing these challenges by providing a more dynamic and responsive understanding of the law. In this context, law is viewed not just as a static text but as a living system that continuously evolves. Integrating maqashid sharia into comparative law studies allows for more relevant and contextually appropriate legal applications. The study also highlights the contribution of the science of differences in Islamic jurisprudence to comparative law, both in terms of intra-school differences and practical legal contexts. The findings emphasize the importance of understanding maqashid sharia and prioritization jurisprudence in developing and applying more effective and relevant comparative law in the Islamic world. This approach enables the law to adapt to new realities and provides practical guidance for better legal application.

Keywords : Maqashid sharia, Jurisprudence, Comparative law, Legal evolution, Contextualization of sharia