THE THEMATIC-HOLISTIC COMBINATION AS A TRANSFORMATION OF ISLAMIC LAW: A STUDY OF ENVIRONMENTAL NAṢṢ

Abstract

 This paper analyzes the concept of environmental protection and management through the
study of maqāṣid al-syarī'ah as a normative value framework as well as a dialogical mediator
among environmental fiqh, positive environmental law, and customary practices of Indonesian
society. The main problem lies in the methodological disintegration of these three systems,
while the increasingly alarming ecological crisis demands comprehensive environmental
protection instruments that can be institutionally enforced. This study aims to explain how the
thematic-holistic combinatory analysis of the naṣṣ of the Qur'an and hadith can produce an
applicable formulation of environmental fiqh, while simultaneously determining the most
appropriate model of environmental management in accordance with the objectives of Islamic
law. The method employed is normative legal research with a qualitative approach through
thematic (mawḍū'ī) and holistic (kullī) analysis of the Qur'an and hadith, which subsequently
serves as the basis for formulating maqāṣid al-syarī'ah as a normative analytical framework.
The findings indicate that environmental protection is in accordance with the objectives of
Islamic law, particularly in realizing ḥifẓ al-bī'ah, ḥifẓ al-nafs, and ḥifẓ al-māl, and that the
integration of environmental fiqh, positive environmental law, and customary practices
constitutes the model most aligned with maqāṣid. Therefore, integrative environmental fiqh
can be understood as a legitimate and relevant form of maqāṣidī ijtihād in contemporary
Islamic law.