Rethinking Maqāṣid Al-SharīʿAh : An Ethical Reading through Taha Abdurrahman’s Philosophy

ABSTRACT: The study of maqāṣid al-sharīʿa has gained significant attention from the scholars from West to the East as an approach to bridging various fields of study with the Islamic legal discourse. Historically, the concept of maqāṣid can be traced back to the era of the Prophet Muḥammad PBUH, which was then analysed by scholars as a coherent discourse with the Uṣūl al-Fiqh. The development of the maqāṣid concept has transformed it from a coherent discourse with uṣūl fiqh into a specific field of study, recognized as an approach to modernize Islamic law. This phenomenon has invited Taha Abdurrahman, a prominent Muslim philosopher, to conceptualize maqāṣid, as he argued that the previous maqāṣid approaches have yet to sufficiently appreciate ethical considerations. Taha’s conceptualization of maqāṣid serves as his effort to renew traditional Islamic literature (turāth). Taha’s maqāṣid concept is framed by his ethical philosophy, the trusteeship paradigm, emphasizing the relationship of humans with God that occurred since the testimony prior to their existence. To examine this, a qualitative methodology with data collection through primary and secondary sources is applied in this study. The primary sources are the original books of the scholars discussed especially Taha Abdurrahman and the secondary sources are from related books, journals, and articles to enrich the discussion. The data will be analysed through content and textual analysis by engaging with all the sources. The findings affirm that Taha’s maqāṣid concept tends to be Sufi-inspired, making it challenging to implement practically. Positioning Taha Abdurrahman’s concept of maqāṣid within legal discourse presents complexities and risks of idealism, potentially leading to abstract expectations. Nevertheless, his approach redefines maqāṣid as a divine trust and moral responsibility that transcends mere legalism.