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 Ibn ‘Asyur declared, “The jurists’ lack of concern for the maqasid of the sharia is obsolete of fiqh’s cause”.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.