Adaptation of Islamic Law: The Use of Maslahah in Answering the Impasse on Islamic Law Reform in Indonesia

Abstract

This research article highlights the key role of maslahah in Islamic law reform in Indonesia. The analytical approach used is qualitative by referring to Islamic legal texts, fatwas, and scientific articles. This research also involves interviews with Islamic scholars and legal experts in Indonesia to understand the role of maslahah in the context of Islamic legal reform. This article shows that most Islamic laws are not explicitly elaborated in the Quran and Hadith or are not obtained through symmetrical qiyas methods. So that scholars in Indonesia have expanded the scope of istinbath al-ahkam by considering aspects of human welfare that are not directly regulated by nash, namely through the method of maslahah which refers to human interests, needs, and comfort in the contemporary world. Although this approach does not derive directly from explicit passages, it still refers to the general meaning contained in nas. In addition, this research reveals examples of Islamic legal reform in Indonesia rooted in the framework of maslahah, which significantly affects regulations and social structures in Indonesia. Such examples include the ban on interfaith marriage, the use of murabahah contracts in Islamic banks, as well as the role of women in leadership. His findings, the concept of maslahah al-mursalah provided a framework for the development of new legal principles and practices that were in accordance with the objectives of Islamic law in Indonesia. It has encouraged the growth and development of Islamic law, as well as increased its relevance in the country.