Mu'amalat: Jurnal Kajian Hukum Ekonomi Syariah
Vol. 11 No. 1 (2019): Juni

MASLAHAH AND THEIR RELATIONSHIP WITH LEGAL ISTINBAT, (STUDY OF AL-JUWAYNI THOUGHT IN THE BOOK OF AL-BURHAN FI PROPOSED AL-FIQH)

Abdul Rasyid Ridho (Universitas Islam Negeri Mataram)

Article Info

Publish Date
26 Jun 2019

Abstract

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.

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Journal Info
Mu'amalat: Jurnal Kajian Hukum Ekonomi Syariah
Website

Abbrev

muamalat

Publisher

Universitas Islam Negeri Mataram

Subject

Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Muamalat: Journal of Sharia Economic Law (ISSN: 2088-0537 e-ISSN: 2686-5262) is a scientific journal, peer review and open access published by the Sharia Economic Law Study Program, Faculty of Sharia, Universitas Islam Negeri Mataram. This journal aims to be an open-access journal platform that ...