Contemporary Islamic Legal Thought Methodology: A Comparative Study Between Indonesia and Malaysia

Aisyah Nurhalisha Mursyida

Abstract


This article analyzes the methodological development of contemporary Islamic legal thought through a comparative study of Indonesia and Malaysia. Using qualitative library research with a normative-comparative approach, the study examines academic literature, fatwas, and Islamic legal regulations in both countries. The findings reveal that although both Indonesia and Malaysia employ maqāṣid al-syarī‘ah as a primary framework, their orientations differ significantly. Indonesia demonstrates a plural, academic, and contextual approach by integrating classical uṣūl al-fiqh with hermeneutical and socio-historical perspectives. In contrast, Malaysia adopts a more formal-legal orientation, institutionalizing Islamic law through state legislation and Syariah courts. These differences indicate that contemporary Islamic legal methodology is not monolithic but shaped by socio-political structures and national legal systems. The study contributes to the discourse on Islamic legal reform by highlighting the contextual dynamics of methodological development in Muslim-majority countries.


Keywords


Contemporary Islamic Law, Islamic Legal Thought, Indonesia, Malaysia

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DOI: http://dx.doi.org/10.58836/al-qanun.v7i1.26707

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