MAQĀS } ID AL-SHARĪA IN THE STUDY OF HADITH AND ITS IMPLICATION FOR THE RENEWAL OF ISLAMIC LAW: STUDY ON JASSER AUDA’S THOUGHT

: This article examines Jasser Auda’s maqa > s } id approach to studying hadith and its implications for the renewal of Islamic law. Generally speaking, one way to gain a closer understanding of the purpose of the hadi @ th is through contextualizing the Prophetic narrations (hadi @ th), primarily when the scripture cannot be understood textually. Using a descriptive-analytic and critical approach, this study showed that the conception of Auda’s maqa > s } id could solve the problem. First, Auda, in this terms, offers a way of reading the scripture based on the intent in applying Islamic law and how its implications when maqa > s } id are a primary consideration in reading and applying the law. Second, the theoretical approach as a result of Auda’s academic research is the validation of several ijtihad methodologies which will practically produce the Anthropocentric Maqa > s } id , namely the Maqa


INTRODUCTION
The hermeneutic method, which emphasizes awareness of text, context, and contextualization, has become part of the consciousness of classical interpreters. 1 The study of the texts, for example, has become the fundamental instrument of the interpreters and the jurist in interpreting Qur'a} n and Prophetic traditions (hadīth). 2 The Ushu} li@ s, for example, have discussed the linguistic theories (al-qawa} 'id al-lughawiyyah) in detail, such as the term haqīqah-maja} z (allegorical), mantu} q-mafhu} m (explicit-implied), 'a} m-kha} s, muthlaq-muqayyad, amr-nahy, and so on. 3 Similarly, the awareness of context (asba} b al-nuzu> l / asba} b al-wuru> d) has also become an integral part of the study of ulu} m al-Qur'a} n and al-hadi@ th, such as makki> i> -madani@ , na} sikh-manshu} kh (abrogating-abrogated), asba> b al-nuzu} l, asba> b al-wuru} d, and so on.  Moreover, this aspect of "contextualization" is also inseparable from the attention of some scholars of the Qur'a> n and the hadīth in the classical period. 6 Studies on the concept of mas} lah} ah (public interest) or Maqa> s} id al-Shari> a can be included in this sphere. Classical Muslim scholars have provided a significant portion of this discourse, the books on the methodology of Islamic law (ushu> l al-fiqh). 7 Nevertheless, in conventional Islamic studies, the tradition of making the text "the object of material" is less well known because of the assumption of mainstream Islamic studies that the sciences of the Qur'an are regarded as a mature and raw science. 8 The study of the theoretical history of Maqa> s} id is based on several reasons. First, one implication of the theological view of Muslims is that the Qur'a> n is always relevant for every time and place in the development of a methodological interpretation significantly along with the acceleration of socio-cultural conditions and human civilization. 9 It is reasonable when Muslim scholars say that the Qur'a> n needs to be interpreted following the demands of the contemporary era. 10 Second, Islam encounters some permanent problems, namely the limited number of texts (al-Qur'a> n and al-Hadi@ th), while society's various events and dynamics are constantly rolling out and creating more complicated and complex problems. 11 Strictly speaking, Muslims now face the challenges of highly complex contemporary dynamics. 12 The reality of Muslims today certainly makes us very sad since when Islam is mentioned, the mind will imagine backwardness, especially related to science and technology. It is almost inconceivable to hear or read the news that the latest scientific and technological discoveries come from the Islamic world on an international scale. 13 Unfortunately, the response often arising is apologetic, defensive, and counter-productive actions. As a result, most Muslims are increasingly confined to worrisome situations and conditions. 6 M. Nova Burhanuddin dan Muhammad Amrullah, "Bedah Karya Agung Imam Al-Shatibi (Mendedah Yang Monumental Dalam al-Muwaafaqat)," in Gerbong Pemikiran Islam, Mengenal Karya Monumental Ushul Fikih Sejak al-Syafi'i Hingga al-Syaukani (Mesir: an-Nahdlah Press, 2015), 178.  Third, the study of maqa> s} id's theorizing and generally diversifying only focuses on the book of al-Muwāfaqa> t of al-Sya> tibī written in the eighth century. In contrast, the actualization of maqa> s} id has experienced ups and downs over several centuries, even up to the present era. 14 For these considerations, the conception of Jasser Auda, a contemporary Muslim thinker from Egypt, about Maqa> s} id al-Shari> 'ah, particularly al-maqa> s} id or the 'intents' of the Prophet, deserves to be considered and studied more deeply. The focus of this article is to explore further one aspect of Auda's thought, mainly related to the concept of Maqa> s} id in the study of hadi@ th texts.
However, the central questions to be answered in this study are: 1) How is the conception of Jasser Auda's thought of Maqa> s} id in contextualizing the narrative of prophetic traditions as the primary source of Islamic law? 2) How is the methodological implication of the Prophetic narrative contextualization based on Jasser Auda's Maqa> s} id in the contemporary of Islamic legal reform? This article intends to answer those questions using a descriptive-analytic and critical approach.
The focus of this research is a literature study that is descriptive-analytical and based on the study of maqasid and its implications for the interpretation of hadith. The approach method used in this research is doctrinal research (theoretical rational deductive) to examine the conception of Auda's thought of maqa> s} id in contextualizing the narrative of the Prophetic traditions as the primary source of Islamic law. In addition, this research was conducted to discuss the methodological implications of the contextualization of Prophetic narrations based on Auda's Maqa> s} id in the contemporary Islamic legal reform.

AL-QIRA'AH AL-MAQASIDIYYAH: A CONTEXTUAL READING OF HADITH
Genealogically the design of Maqa> s} id conception is not a new finding. Maqa> s} id al-Sharī'ah is not the result of the achievements of contemporary scholars because, in the classical fundamentals of Islamic law (ushūl al-fiqh), the term of maqa> s} id was found in books written by classical scholars of fundamentals (ushūlīs). However, it is still summarized and scattered in the discussion of analogy (qiyās). As in the time of the Companions, according to Salam Madkur in Duski Ibrahim, the ijtihād of the Companions are three forms among them: 1) interpreting the texts, 2) using the method of analogy, and 3) using 'unrestricted interest' (al-masālih al-mursalah) and juridical preference (istihsān). 15 The history of the ideas that attempt to read the scripture, both Qur'ān and hadīth, by concluding the purposes, or intents behind the text (al-qirā'ah al-maqās} idiyyah), has begun since the ijtihad era of the Companions of the Prophet. One well-known and popular example, which many narrators have narrated, is the incident of afternoon prayer at Banī Quraydhah. 16 Other historical events, which show a more severe consequence of taking a 'purpose-oriented' approach to the Prophetic instructions, involve the activities of the ijtihad of the Companions of Umar bin Khattab in various religious cases. The incidents referred to are, among others, Umar's rejection of distributing the newly-'conquered' land of Egypt and Iraq among the warring soldiers as some 'spoils of war'. In this case, it seems clear that Umar, the second caliph, along with his Companions who supported his opinion, had understood the specifics of the verses of 'spoils of war' in the broader context of the Islamic legal purpose of the general division of property. To borrow contemporary expressions, the intention is to reduce the 'class gap.' 17 Second, it is an incident that shows the thinking and application of Islamic law based on maqa> s} id by Umar, namely a moratorium on the (Islamic) punishment for theft during the famine of Madinah. He thought that applying the hand-cut punishment prescribed in the scripture. At the same time, people need basic supplies for survival, which goes against the universal principle of justice, which he considered more fundamental to follow. 18 Third, it is an incident when Umar decided to put the horses into the types of wealth included in the obligatory charity of zakah (al-māl al-zakāwī), despite the Prophet's explicit instruction to exclude them. Umar's rational argument was that horses at his time were becoming significantly more valuable than camels, which the Prophet included in zakah. In other words, the Caliph Umar understood and perceived the Prophetic intent or purpose of zakah in terms of the form of social assistance that is paid by the wealthy for the sake of the poor, regardless of the exact types of wealth that were mentioned in the prophetic tradition and understood via its literal implication. 19 Some of these case examples are presented to explain how the early conceptions of how the text was read based on its intent and purpose (al-qirā'ah al-maqās} idiyyah) in the application of Islamic law and how its implications when al-maqās} id are taken into the primary consideration in reading and simultaneously applying the law.
According to Auda, after the Companions' era, the theory and classifications of maqa> s} id began to develop. However, maqa> s} id, as Auda acknowledged, was not  Islam). From this description, we can conclude that classifications of maqa> s} id according to 'level of necessity' were not developed until the fifth century. Then, the whole theory reached its more mature stage in the eighth Islamic century. 20 In contrast to the earliest conceptions of maqa> s} id between the third and fifth centuries, with the literal and nominal method of reading and incapable of coping with the complexities of life and the evolving of civilization, the theory of 'unrestricted interest' (al-mas} lah} ah al-mursalah), after that century, has been developed as a method which includes what is not mentioned in the scripture. This theory filled a gap in the literal methodologies and gave birth to the theory of maqa> s} id in the discipline and practice of Islamic law. The most influential religious jurists who made the most significant contributions to the maqa> s} id theory between the fifth and eighth centuries can be mentioned such as Abū al-Ma'ālī al-Juwaynī terms, Auda attempts to introduce the study of maqa> s} id as an attempt to achieve 'human development and to realize 'human rights so that the achievement of maqa> s} id is easier to measure and evaluate empirically through contemporary scientific standards. Therefore, in this context, Auda introduces the concept of maqa> s} id as the principle of launching new ideas in Islamic law, especially the important notion of 'the difference between means and purpose.' Auda illustrates Maqāṣid as an essential strategy in reinterpreting the Qur'an and the Prophetic tradition. 23 Another critical contribution that can be contributed by the contemporary reading of maqa> s} id for the realization of the renewal of Islamic thought is in the realm of ijtihad, or the renewal of the theory of Islamic law. In this aspect, the contemporary reading of maqa> s} id provides many contributions, including maqa> s} id for the thematic interpretation of the Qur'ān and hadīth. This is what the author means to present 'the contemporary reading of the purposes' (al-qirā'ah al-maqās} idiyyah al-mu'ās} irah) as the model of 'interpretation of the purpose of Qur'ān' (tafsīr al-maqa> s} idī) and 'interpretation of the Prophetic intent' (hadīth al-maqa> s} idī); An alternative model in the study of contemporary interpretations, both Qur'ān and hadīth.

MAQĀS} ID AS THE BASIS OF CONTEMPORARY IJTIHAD
According to Auda, among the most important contributions made by al-Maqa> s} id, understanding for the realization of the renewal of Islamic thought is in the realm of ijtihad or the renewal of Islamic legal theory.

1.
Differentiating between ta'a> rud} and tana> qud} In the treasures of the Islamic juridical theory, there are two different terms, namely the term of ta'a> rud} / ikhtila> f (opposition or disagreement) and the term of tana> qud} / ta'a> nud} (contradictions) of several propositions (Qur'a> nic verses or Prophetic narration). To what extent are the possible contradictions of the two terms of the various propositions? According to the ulama, in essence, the first term, ta'a> rud} , is considered to be possible. While the second term, tanāqud} , is considered impossible between the valid arguments unless the validity is not actual. Therefore, conflict or disagreement between evidence is defined as an 'apparent contradiction between evidence in the mind of the scholar' (ta'a> rud} fī thin al-mujtahid). This is precisely the wrong perception of fiqh scholars. 24 This kind of understanding illustrates that the two disputed evidence (ta'a> rud} /ikhtila> f) should not be a contradiction (tana> qud} ) that can not be resolved. This can happen because it is caused by a lack of perception of a jurist to make him 23 Auda, Maqāshid Al-Sharī'ah as Philosophy of Islamic Law: A Systems Approach. 22-23. 24 Auda. 218. feel that contradiction, where he, for example, lacks or does not even get complete information about the Prophetic narration that is considered contradictory. Another possibility is that the jurist has no knowledge, which includes the aspects of the narrator's context in terms of place (al-maka> n), time (al-tawqīt), situations, and conditions (al-dhuru> f).
Meanwhile, the term ta'a> rud} is defined as a clear logical conciliation of truth and falsehood shared in the same statement' (taqa> sum al-s} idq wa al-kadzib). The illustration of the possibility of contradictions is when there are two texts, or more, which are equally authentic, in which one leads to a specific law (such as forbid something), while the other leads to the opposite law (e.g., justifying the existence of something). The contradiction of this model is unlikely to occur in the shariah prologues, which are genuinely revealed, in both the Qur'ān and hadīth. 25 The possibility of a contradiction, if it feels, is only in the domain of the process of the history of hadīth caused by the negligence of the narrators, thus raising the perception of two contradictory pieces of evidence.
A case example explaining the contradiction of a narrator's negligence is a hadīth narrated by Imām Ahmad that two men met 'Āisyah ra, saying that: "Abū Hurairah narrated, according to Bukhārī, that the Prophet has said: 'Indeed such bad omens are in women, animals, and houses' (innamā al-thiyarah fi al-mar'ati wa al-dawāb wa al-dār). However, (also according to Bukhārī) 'Āisyah replied: "For the sake of bringing down the Qur'ān to Abī Qāsim, it is not like that of the Prophet, but the Prophet had said:" The people during the Days of Ignorance (jāhiliyyah) used to say that bad omens are in women, animals, and houses." 26 This kind of contradiction, which includes two contradictory narrations in its legal significance, rarely occurs, and its effect on fiqh is limited. The majority of ta'a> rud} cases are disputes between Prophetic narrations because of, apparently, a missing context, not because of the logically contradicting accounts of the same episode, in contrast to the other term, namely ta'a> rud} . Most of these ta'a> rud} cases have a significant influence on fiqh, known as "outward contradiction"; A contradiction is outwardly seen for our understanding as a contradiction, but he is not a contradiction on his side.

2.
Toward Multi-Dimensionality: A Resolving 'Opposition.' As is known that the scholars have tried to make a method formula to resolve the contradictions that exist between the evidence. The method is the possibilities of harmonization between the evidence are arranged based on its hierarchy as follows: 25 Auda, 218. 26 Auda, 219. a.
Conciliation (al-jam'u): Attempts to consolidate contradictory narrations in the unity of thinking because of differences in the context of each narration. This method is based on a fundamental rule that states that "applying the script is better than ignoring it (i'māl al-nash awlā min ihmālihā). b.
Abrogation (al-naskh): This method suggests that the later evidence, chronologically speaking, should 'abrogate' (juridically annual) the former evidence. This means that when verses disagree, the verse that is (narrated to be) revealed last is considered to be abrogating evidence (al-nāsikh) and others to be abrogated (al-mansūkh). c.
Elimination (al-tarjīh) weighs the effort between evidence. This method suggests endorsing the narration that is "most authentic' and dropping or eliminating other narrations. The eliminating hadīth is called al-riwāyah alrājihah, which means the narration that is 'heavier in the scale.' d.
Waiting (al-tawaqquf), reluctance to give opinions. This method suggests that the scholar is not to decide until one of the above three methods is proved. e.
Cancellation (al-tasāquth). This method suggests that the scholar ignores both narrations because of the uncertainty. f.
Choice (al-takhyīr). This method allows the scholar to choose whatever is judged suitable for the situation. 27 Scholars do not agree upon hierarchical sorting of solving methods as mentioned. Auda also recognizes this. Based on Auda's inductive investigation of various cases of external contradiction, that al-tawaqquf, al-tasa> qut, and al-takhyi@ r methods are rarely performed. While most scholars precede the theoretical method is the conciliation method (al-jam'u). Followers of the Hanafi school perform the method of abrogation. Auda's further inductive investigations indicate that hadīth scholars sometimes use the al-tarjīhi method. While among the tendency of Islamic jurists is more toward the use of the al-naskh method. So, it can be said that the most widely used method is abrogation and elimination.
According to Auda, many scripts are abrogated without any compelling reason other than the failure of the jurists to understand how they can harmonize the narrations in a unified perceptual framework. Therefore, al-naskh and al-tarji@ h reflect the general feature of binary thinking in fundamental methodology (ushu> l al-fiqh). The conciliation method must use the multi-dimensional concept to overcome the above deficiencies. 28 One of the practical consequences of the cancellation of several narrations, both the Qur'a> n and hadi@ th, in the name of abrogation and elimination is the amount of 'rigidity' and inflexibility in the Islamic law. 27 Auda, 219-220. 28 Auda, 221. Furthermore, in order to make al-maqa> s} id the basis of contemporary ijtihad, precisely al-maqa> s} id combined with multi-dimensionality, according to Auda, could offer a rational and constructive solution for the dilemmas of opposing pieces of evidence.
Consider, for example, an attribute. If we restrict our view to one dimension, such as war and peace, order and forbiddance, standing and sitting, men and women, and so on, we will have no way to reconcile the evidence, and it will most likely cause ta'a> rud al-adillah. However, suppose we expand the one-dimensional space into two dimensions, the second of which is a maqa> s} id to which both pieces of evidence contribute. In that case, we will be able to 'resolve' the opposition and interpret the pieces of evidence in a unified context. The following are some typical examples of applications from a combination of multi-dimensional methods and maqa> s} id that represent some of the views, both traditionalist and modernist today: 29 a.
Purpose of magnanimity in the ritual of worship For example, in the case of different ways of performing 'acts of worship' (kaifiyah al-ibādāt), many opposing narrations attributed to the Prophet with a good narration. In the nuances of interpretation by the method of abrogation (al-naskh), these different narrations often lead to heated debates and prolonged conflict within Muslim communities. This would have different implications, Auda said, if the opposing narrations were resolved through the perspective of al-maqa> s} id. However, understanding these narrations within a maqa> s} id of magnanimity (taisi> r) entails that the Prophet did carry out these rituals in various ways, suggesting flexibility in such matters. With this purpose of magnanimity, the Muslims, who are human communities with different abilities and qualities, can perform their worship according to their circumstances. Examples of these acts of worship are the different ways of standing and moving during prayers, reciting 'God is Great' (takbi> r) during 'Id prayers, details of pilgrimage, and so on.

Purpose of the Universality of Islam and Local Wisdom
Related to this case, there are several Prophetic narrations related to customs (al-'urf), which were also considered 'in opposition. The external contradictions between these narrations relating to customs (al-'urf) could be interpreted through the purpose (maqa> s} id) of 'universality of the Islamic law' as Ibn 'Ashūr had suggested. In other words, these narrations should be understood as the Prophet's efforts to show his concern for the multicultural society. As an example of the contradictions between the two Prophetic narrations, both attributed to 'Āisyah ra, one of which forbids 'any women' from marriage without her guardian, while the 29 Auda,[224][225][226] other allows previously married women to make their own independent choices in marriage. It is also narrated that 'Aishah ra. Did not apply the conditions of marriage guardian in some cases. Hanafis explained, 'the Arabic custom goes that a woman who marries without her guardian's consent is shameless. For Auda, understanding these two narrations in the context of considering local wisdom (al-'urf) based on the Islamic law's universality is not only able to resolve the contradictions and provide flexibility in carrying out marriage ceremonies according to their customs in different places and times. This maqa> s} id approach can help Muslims coexist, tolerate, and mutual understand cultural plurality by recognizing the legitimate marriage norms prevailing in their communities.

c.
Purpose of gradual application of rulings Several Prophetic narrations were categorized under cases of abrogation, even though they were, according to some jurists, cases of the principle of gradualism (al-tadri@ j) in applying the law. According to Auda, the gradual application of large-scale rulings is to soften the path of change brought by the law to society's deep-rooted habits. Thus, the external opposing narrations regarding the prohibition of liquor and usury, and the gradual execution of prayer and fasting, should also be understood in terms of the Prophetic intent of gradual application and implementation of change management to high ideals in any given society.

Maqa> s} id for Thematic Interpretation of the Prophetic Tradition
In terms of Islamic reform, the thematic school of interpretation, as Auda expressed, attempts to pursue several steps towards interpreting the script (nash), which takes into account the Maqa> s} id. Reading purposefulness (al-qira> 'ah al-maqa> s} idiyyah) presented as a model of interpretation of the 'intent' has an assumption that the method of reading Prophetic narrations about the themes, principles, and supreme values, is based on the perception that 'the Prophetic narration is a unified whole. 30 Moreover, in the term of thematic interpretation, there are attempts to interpret the Prophetic traditions based on the holistic approach of Maqa> s} id, taking into consideration the life of the Prophet as a whole which is divided into themes containing principles and moral values. Thus, the validity of the hadīth can be questioned, for example, if its content is incompatible with fundamental principles and moral values. Similarly, suppose the jurists have failed to break an outward contradiction between two Prophetic linguistic traditions. In that case, one's validity will be based on 'the extent to which the narration fulfills and conforms to the principles of the Qur'a> n. 31 In the context of the interpretation of Maqa> s} id in the renewal of Islamic thought, Auda added one more requirement for the validity of hadīth that has been applied for this. The requirement is 'a systematic coherence' from the conditions of authenticating the content (matn) of these narrations with the principles and values of Islam. Thus, a Maqa> s} id-based approach could fill a crucial gap in the narration of hadīth, which is the gap of missing context. In all schools, most prophetic narrations are composed of one or two sentences or answer one or two questions without elaborating on the narration's historical, political, social, economic, or environmental context. 32 However, the context and its impact on how the narration is understood and applied are usually left to the speculation of the narrator or jurist. A 'holistic picture' helps overcome this lack of information by understanding the law's general purposes. In other words, maqa> s} id, as a scientific effort that examines the purposes of the Prophet, can be utilized in contextualizing the narration of hadīth.
In addition to the above, Auda stated that al-maqāsid, the 'intents' of the Prophet, could also be utilized in contextualizing narrations. About this, al-Qara> fī differentiated between the Prophet's actions 'as a conveyer of the divine message, a judge, and a leader and suggested that each of these intents has a different impact on the law.

TOWARD ANTHROPOCENTRIC MAQĀS} ID
As it is known that the paradigm of purposes (maqa> s} id) has undergone many changes in terms of classification, depending on the dimensions viewed by a jurist or scholar, such as (1) level of necessity, which is the traditional classification; (2) scope of the rulings aiming to achieve purposes; (3) scope of people included in purposes; and (4) level of universality of the purposes. 33 The traditional classifications of maqa> s} id include three levels of necessity, which are necessities (al-d} aru> riyya> t), needs (al-hajiyya> t), and luxuries (al-tahsiniyya> t). Then the scholars divided the level of necessity into five famous necessities, namely: preservation of religion (hifdz} al-dīn), preservation of soul (hifdz} al-nafs), preservation of mind (hifdz} al-'aql), preservation of offspring (hifdz} al-nasl), and the preservation of wealth (hifdz} al-ma> l). 34 However, the paradigm of maqa> s} id developed over time, especially in the twentieth century. Some Muslim scholars, the initiator of the contemporary theory of maqa> s} id, have criticized the above traditional classifications of necessities for Islamic and Near Eastern Law, no. 99 (2003): 1. 32 Auda, Maqāshid Al-Sharī'ah as Philosophy of Islamic Law: A Systems Approach, 23-26. 33 Auda, 6. some reasons, including the following: (1) the scope of traditional classifications of maqa> s} id are only concerned with individuals rather than families, societies, and human in general; (2) the scope of traditional maqa> s} id is the fundamental Islamic law. However, they fall short of including specific purposes for single scripture/ rulings or groups of scripture that cover specific topics or 'chapters' of Islamic law; (3) the traditional maqa> s} id classification did not include the most universal and fundamental values, such as justice and freedom, in its fundamental theory of necessities; (4) traditional maqa> s} id were deduced from the tradition and Islamic legal heritage itself, rather than referring to the original Islamic scripts (Qur'a> n and hadīth) for the basis of maqa> s} id. 35 In order to correct the deficiencies inherent in the traditional theory of maqa> s} id, Auda said that the contemporary scholars had induced the concepts and classifications of maqa> s} id from a new perspective. First, based on the considerations of the legal coverage covered by maqa> s} id, contemporary scholars divided maqa> s} id into three levels: (1) general maqa> s} id: this maqa> s} id is observed throughout the entire body of the Islamic law, such as the necessities and needs mentioned above and newly proposed maqa> s} id, such as 'justice,' 'universality,' and 'facilitation'; (2) specific maqa> s} id: this maqa> s} id are considered in one particular chapter of Islamic law, such as the welfare of children in the chapters of the family law, preventing criminals in the chapters of the criminal law (jina> ya> h), and preventing monopoly in the chapters of transactions (mu'a> mala> h); and (3) partial maqa> s} id: this maqa> s} id are the intents behind specific scripture or rulings, such as the intent of discovering the truth in seeking a certain number of witnesses in specific court cases, the intent of feeding the poor in banning Muslims from storing meat during festival days ('Ied), and so on. 36 Second, in order to correct the deficiencies in classical maqa> s} id classification that tend to be individualistic-oriented, contemporary scholars have expanded the concept of maqa> s} id, covering a broader scope of people-the, communities, nations, or humanity in general. Ibn 'Āshūr, for example, has briefly placed maqa> s} id concerning the 'nation' (ummah) at a higher level than maqa> s} id related to individuals. Rashīd Ridhā, for a second example, included 'reform' and 'women's rights in his theory of maqa> s} id. Yusu> f al-Qardla> wi> , for a third example, included 'human dignity' and 'human rights in his paradigm of maqa> s} id. These extensions of the scope of maqa> s} id have provided an opportunity for contemporary jurists to respond to global challenges and issues and help them to realize maqa> s} id into practical plans for renewal and reform. 37 Thus, according to Auda, these contemporary theorists have 35 Auda, Maqāshid Al-Sharī'ah as Philosophy of Islamic Law: A Systems Approach, 6-7. 36 Numan Jughaim, Thuruq Al-Kashf 'an Maqāshid al-Shāri' (International Islamic University Malaysia: Da> r al-Nafa> 'is, 2002), 172. laid the fundamental basis of maqa> s} id and its system of values associated with the center of the debates on citizenship, national integration, and civil rights for the Muslim minorities in non-Muslim-majority societies.
Third, in order to revise traditional maqa> s} id, contemporary jurists have succeeded in introducing a new universal maqa> s} id was directly deduced from original scripture rather than from the body of jurisprudence literature in the schools of Islamic law. This method significantly allowed the conception of maqa> s} id to overcome the historicity of fiqh edicts. Moreover, the direct deductive method of the source of the Islamic teachings provides an opportunity to represent scripture in higher values and principles. 38 Furthermore, Auda suggests 'human development' to be a prime expression of mas} lah} ah (public interest) in our time, which maqa> s} id al-shari@ 'ah should aim to realize through the Islamic law. Thus, the realization of this maqa> s} id could be empirically measured via UN 'human development targets,' according to current scientific standards. Similar to the area of human rights, the area of human development requires more research from a maqa> s} id perspective. Nevertheless, the evolution of 'purposes of Islamic law' into human development gives 'human development targets' a first base in the Islamic world. 39 Therefore, to bridge the gap between the traditional Islamic law and the international law agreed by most UN members, then Jasser Auda -after decomposing traditional Islamic legal theory by comparing it with the theory of modern Islamic law and the Postmodern era and using a detailed framework of systems analysis proposed the need for a paradigm shift of the traditional maqa> s} id theory to a new theory of maqa> s} id. A shift from the traditional theory of maqa> s} id composed by al-Sha> tibī to a contemporary theory of maqa> s} id, taking into account the development of world governance thinkers in terms of nation-states. 40 Here is his suggestion in the following table: Family-oriented theories; more concern for family institutions.

Preservation of Mind (hifdz al-'aql),
Multiplying thinking and propagation of scientific research; traveling to seek knowledge; suppressing the herd mentality. Moreover, avoiding brain drain. 38 Auda, 8. 39 Sanuri, "The Shifting Paradigm of the Classical Theory of Maqashid Al-Shariah to the Modern Theory," Conference Proceeding s: Annual Conference on Islamic Studies (AICIS XII), n.d., 506-507.

Preservation of Honor and Preservation of Soul (hifdz 'ird} wa al-nafs)
Preservation of human dignity; safeguarding and protecting human rights.

Preservation of Religion (hifdz al-dīn),
Maintaining, protecting, and respecting the freedom of faiths

Preservation of Wealth (hifdz al-ma> l)
Prioritizing social assistance; paying more attention to economic development; promoting human welfare; and eliminating the gap between the poor and the have.

CONSIDERING AUDA'S REASON FOR MAQĀS} ID
As Auda explained, contemporary jurists developed the traditional maqa> s} id terminology in contemporary's language, despite some jurist's rejection of the idea of 'contemporization' of maqa> s} id terminology. The shifting paradigm from the traditional conception of maqa> s} id to the contemporary conception of maqa> s} id lies at the second press point. The traditional maqa> s} id emphasizes protection and preservation, while the contemporary maqa> s} id more takes account of development and rights.
To develop the concept of maqa> s} id in this era, Jasser Auda proposed 'human development' to be a prime expression of his obsession and the main target of today's public interest; (mas} lah} ah) in our time, which maqa> s} id al-shari> 'ah should aim to realize through the Islamic law. Furthermore, the realization of this maqa> s} id could be seen empirically in its development, tested, controlled, and validated through the human development index and human development targets proclaimed and designed by United Nations.
If so far, the classical scholars tend to base mas} lah} ah (public interest) on the 'Will of God' (maqshu> d al-Sha> ri') obtained through the text of the Qur'a> n and hadīth, so the product is a mas} lah} ah that is not grounded and less realistic. Everything is always restored to the 'Will of God', whereas those who live and dabble with religious and social problems in the historical dimension are humans. According to the writer, basing mas} lah} ah on the 'Will of God' produced via scripture should be reviewed because it means did not give the space for human beings those who have burdened the law (mukallaf) to determine their law. In this context, the formulation of maqa> s} id al-shari> 'ah offered by Jasser Auda could be used as a foothold for the effort of landing the epistemology of mas} lah} ah from 'theocentric' conception to 'anthropocentric' conception by making human values such as freedom, equality, justice, democracy as the source of public interest.
According to the writer, this anthropocentric mas} lah} ah or maqa> s} id has a very significant role in the objective of a legal settlement. Because everything ordered by God has to contain the benefit, something forbidden must contain the harm. All the laws and ordinances of life made by God for man essentially derive from two fundamental principles they are taking benefits (jalb al-masha> lih) and avoiding mischiefs (dar'u al-mafa> sid). That is, all God's laws are made for the benefit of humanity in the world and the Hereafter (Al-Sha> thibi> , p. 30). The presence of the law of Allah (al-ahka> m al-shari> 'ah) should be used as a guide and reference by humankind in wading life, and there is no other purpose for human beings to achieve goodness in the world and the hereafter. Based on this, the jurists have agreed that mas} lah} ah is the core purpose of Islamic law (maqa> s} id al-shari> ah), resulting in a famous adage among ushu> li> s that "where there is mas} lah} ah there is the law of God " (ainama> ka> nat al-mas} lah} ah fa tsamma hukm Alla> h). 44 The logical consequence of this anthropocentric idea of Maqa> s} id necessitates legal conclusion based on mas} lah} ah, no longer in written scripture (al-'ibrah bi al-maqa> s} id la bi al-fa> dz). This basic revolutionary rule (qa> 'idah) presupposes that which should be the attention of an Islamic jurist in deducing the law of the Qur'a> n and hadīth rather than its scripture but from the maqa> s} id aspect contained. The axis is the moral ethic of a verse and not the specific legislation or literal formulation. In order to know the maqa> s} id, one must understand the context and possess the competence of worldview, which is not only the context of the personal-particular worldview but also the impersonal-universal context of worldview.

CONCLUSION
After explaining and analyzing the critical points of Jasser Auda's thought through lengthy discussions, some substantive conclusions are as follows: One way to gain a closer understanding of the purpose of the hadith is through contextualizing the Prophetic narrations (hadīth), primarily when the scripture cannot be understood textually. The conception of Auda's maqa> s} id could solve the problem. First, Auda, in this terms, offers a way of reading the scripture 44 Yusūf Al-Qardhāwī, Al-Ijtihād al- Mu'āshir (Cairo: Dār al-Tawzī' wa al-Nashr al-Islāmiyyah, 1994), 127-132. based on the intent in applying Islamic law and how its implications when maqa> s} id are a primary consideration in reading and applying the law. In this aspect, a contemporary reading of maqa> s} id contributes more, including maqa> s} id for thematic interpretation of the hadīth. The holistic approach in the thematic interpretation of hadīth based on the Maqa> s} id approach potentially opens opportunities for the disclosure of the principles and moral values embodied by hadi> th. Auda added one more requirement for the validity of hadīth that has been applied. The requirement is 'a systematic coherence' from the conditions of authenticating the content (matn) of these narrations with the principles and values of Islam. Thus, a maqa> s} id-based approach could fill a crucial gap in the narration of hadīth, which is the gap of missing context. Second, maqa> s} id combined with multi-dimensionality, according to Auda, can provide a rational and constructive solution to dilemmas considered to be contradictory.
The methodological implications of contextualization of the prophetic tradition based on maqa> s} id in the renewal of contemporary Islamic legal are the occurrence of the "Contemporaryization concept of maqa> s} id" through the transformation of paradigm and theory of maqa> s} id from the traditional theory of maqa> s} id to the contemporary theory of maqa> s} id. The traditional maqa> s} id emphasizes the protection and preservation, while Auda's contemporary maqa> s} id more takes into account the development and rights. Academic objectivity as a result of Auda's academic research is the validation of several methodologies of ijtihād, which would produce the type of Anthropocentric maqa> s} id. The logical consequence of this anthropocentric idea of Maqa> s} id necessitates legal conclusion based on mas} lah} ah, no longer in written scripture (al-'ibrah bi al-maqa> s} id la bi al-alfa> dz).