Open AccessMASLAHAH AND THEIR RELATIONSHIP WITH LEGAL ISTINBAT, (STUDY OF AL-JUWAYNI THOUGHT IN THE BOOK OF AL-BURHAN FI PROPOSED AL-FIQH)
Author(s) -
Abdul Rasyid Ridho
Publication year - 2019
Publication title -
mu'amalat/muamalat : jurnal kajian hukum ekonomi syariah
Language(s) - English
Resource type - Journals
eISSN - 2686-5262
pISSN - 2088-0537
DOI - 10.20414/mu.v11i1.2036
Subject(s) - soul , honor , property (philosophy) , law , sociology , basis (linear algebra) , sharia , law and economics , epistemology , computer science , political science , philosophy , mathematics , theology , islam , internet privacy , geometry
Maslahah in al-Juwayni's thinking is not a source of law, but it is an indicator in determining the existence of a law. Basically, maslahah which is the basis and purpose of the establishment of sharia, in the view of al-Juwayni, concerns all universal human needs that can guarantee the maintenance and uphold of human life's milestones. This is al-Juwayni's formulation includes four things, namely guaranteed the maintenance of religion, soul, honor (ancestry), and human property. Then in making istinbat a law, especially related to cases that have not been regulated by the legal status, it must refer to the five categories of maslahah as formulated by al-Juwayni. These five categories are the basis and purpose of the making and determination of the law found in the text.