Maqasid Sharia in Dharar Parameters During the Pandemic

Islam is a dynamic religion. The nature of dynamism is apparent because it maintains rigid and
flexible characteristics that make Islamic sharia always relevant throughout the ages and
practical for the future. Allah SWT, the All-Knowing, creates everything with its purpose. In
the ruling context, this purpose is named maqasid. Maqasid becomes the guide for the Islamic
jurists (fuqaha) to establish the ruling. Ibn ‘Asyur declared, “The jurists’ lack of concern for
the maqasid of the sharia is obsolete of fiqh’s cause”. Therefore, the jurists need to
comprehend the maqasid of sharia. It serves as a compass for the growth of jurisprudence to
be germane throughout the ages consistently. The COVID-19 pandemic that began at the end
of 2019 has demonstrated a dynamic advancement of jurisprudence. There have been times
when one feels he no longer belongs to a particular sect. This situation implies a positive sign
in which one is not bounded entirely by a distinct school of thought, but at the same time, it
also encourages the nature of wanting to free oneself from it and even from the sharia law
itself. Accordingly, this paper endeavoured to examine the need for a parameter for
establishing a ruling based on dharar. It is often a variable in designating the ruling. This
parameter is paramount for the uniformity of the ruling and for fostering comprehension in
public.