THE APPLICATION OF THE LEGAL MAXIM AL-HUKMU YADURU MAA ILLATIHI IN THE PANDEMIC ERA AND SHARIA-BASED PUBLIC POLICY

• Mahfuz Assiddiq

  Universitas Islam Negeri Alauddin Makassar

• Firman Nazhir

  Universitas Islam Negeri Alauddin Makassar

• Achmad Musyahid

  Universitas Islam Negeri Alauddin Makassar

• Imran Anwar Kuba

  Universitas Islam Negeri Alauddin Makassar

This study examines the role of the usul al-fiqh maxim al-hukmu yaduru maa illatihi wujudan wa adaman (a legal ruling revolves with its effective cause in both its existence and nonexistence) as a foundation for the flexibility of Islamic law in responding to contemporary social dynamics. Employing a qualitative library research method, the study analyzes the application of this maxim in both classical cases (such as the prohibition of khamr and the obligation of zakat) and contemporary contexts (including the suspension of Friday prayers and the formulation of Sharia-based policies during the COVID-19 pandemic). The findings indicate that this maxim effectively sustains the relevance of Islamic law by ensuring its conformity with the Maqasid al-Shariah, particularly in safeguarding life (hifz al-nafs) and promoting the public interest (al-maslahah al-ammah). These findings underscore the urgency of applying rational Sharia legal maxims as a foundational basis for the development of positive law oriented toward Islamic values.

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