MAQASID AL-SHARIAH WA-ATHARUHA FI MAKHTUT QANUN BRUNAY [MAQASID AL-SHARIAH AND ITS IMPACT ON THE BRUNEI LEGAL MANUSCRIPT]

Abstract

This study examines the concept of Maqasid al-shariah and the Brunei Legal Manuscript (Kanun Brunei), as well as the impact of Maqasid al-shariah on the legislation contained within the manuscript. The main objective of this study is to examine the extent to which the principles of Maqasid al-shariah are applied in the formulation of Islamic laws as outlined in the Brunei Legal Manuscript, and how they contribute to the stability and well-being of the Muslim community in Brunei. Although the manuscript is regarded as an important example within the tradition of Islamic legal systems, the extent of its alignment with the Maqasid al-shariah has not been adequately analyzed in previous studies. Therefore, the main research questions posed by this study are: What is the concept of Maqasid al-shariah, what is the Brunei Legal Manuscript, and what is the relationship between the Brunei Legal Manuscript and Maqasid al-shariah? These research problems were addressed using analytical, descriptive, and historical approaches. Data was collected from both primary and secondary sources, followed by systematic data analysis. The findings of the study indicate that the principles of Maqasid al-shariah are embedded and applied in various aspects of the legislation found in this manuscript, reflecting wisdom in balancing the rigidity of Islamic law with the practical needs of society. The study also finds that the laws within this manuscript are not only grounded in strong Shariah principles but also consider elements of social justice and the protection of individual rights. The findings of this study are expected to contribute to the field of Islamic law and enhance the understanding of the application of Maqasid al-shariah in legal systems.