Fikrah Hafiz Suni

19129017

Conclusion about Maqashid Al-Syar'iyah

Maqashid Al-Syar'iyah consists of 2 words, namely maqashid which means intentional or

purpose and syar'iyah derived from the word syara'a yasyra'u syar'an, meaning the law, explains,
states. Maqashid Al-Syar'iyah in terminology means the purpose or objectives of Islamic laws.

The essence of Maqâshid al-Syarî‘ah is basically to realize benefit and avoid all kinds of
damage, both in the world and the hereafter. All cases of law, which are mentioned explicitly in
the Qur'an and Sunnah as well as Islamic law that are produced through the ijtihad process must
be based on the purpose of the manifestation of the mashlahah.

There are two methods of ijtihad that were developed by mujtahids in an effort to explore
and establish benefits. The two methods are Ta'lîlî method (substantive analysis method) and
Istishlah method (Benefit Analysis Method).

A. Tahlili Methods
The tahlili method is legal analysis by looking at the similarities of ‘illat or
substantial values of the problem, to the events that have been revealed in the text. The
methods that have been developed by the mujtahids in the form of the analysis are qiyâs
and istihsan.

1. Qiyas
Etymologically qiyas means measurement, knowing the size of something,
comparing, or equating something with something else. While the terminology
of qiyâs understanding, there are several opinions expressed by ulama ushûl.
but according to the authors although the editors used differ from one another,
but have the same purpose.
The pillars of qiyas are: ‘ashl, far’, hukmul al-ashl, and ‘illat.
 2. Istihsan
Etymologically Istihsan means to think something is good. In essence
Istihsan is a transfer from qiyas jali (which is clearly ‘illatnya) to qiyâs khafî
(vague‘ illatnya). This can happen because, using qiyâs jalî whose illat can be
clearly known, but the impact is less effective. Conversely, using qiyâs khafî
even though its illat cannot be clearly known, the impact is more effective, or
exclude the kulli (general) proposition based on a stronger proposition.
For example the case of agricultural endowments. According to the qali
jali waqf is equated with the sale and purchase agreement. In buying and
selling the most important thing is the transfer of ownership from the seller to
the buyer. Because of that, the irrigation rights and the right to make
waterways on the land were not obtained. On the contrary, according to qiyas
khafi waqf is equated with leasing. In leasing, the most important thing is the
transfer of rights to get benefits from the owner of the goods to the renter.
Likewise with waqf, the most important thing is how the goods can be used.
Agricultural land can be used, if you get irrigation, then the right of irrigation
and the right to make channels based on the qiyas khafi can be obtained.

B. Istishlahi Methods
Istishlahi method is a method of istinbath approach or the determination of law
whose problems are not explicitly regulated in the Qur'an and Sunnah. However, this
method emphasizes aspects directly. The benefit analysis method developed by the
Mujtahids is twofold, namely al-mashlahah al-mursalah and sadd al-dzarî'ah and fath al-
dzarî’ah.

1. Al-Mashlahah Al-Mursalah
What is meant by al-mashlahah al-mursalah is maslahat or benefit that
there is no particular argument that justifies or cancels it. This understanding is
in line with what was explained by Muhammad Sa'id Ramdlan al-Buthi, that
the nature of al-mashlahah al-mursalah is every benefit included in the
objectives of shari'a with no argument that justifies or cancels. Maslahah
mursalah is divided into 3:
 a) Mashlahah Al-Mu'tabarah, is a type of maslahat whose existence is
supported by the text of the Shari'ah (Al-Qur'an and Sunnah). It means
that the text - through the form ‘illat - states that something is
considered a benefit.
Example: Penalty for drinkers. drinkers must be flogged 80
times. This is confirmed by those who accuse others of adultery.

b) Mashlahah Al-Mughah, is a type of benefit whose legality is denied

even in contradiction with the Shariah text. It means something that is
considered beneficial by humans, but the syarî'at texts reject or deny
the benefit.
Example: Punishment of a king who has intercourse during the
day of Ramadan}. Namely by fasting two months in a row instead of
freeing slaves.

c) Mashlahah Al-Mursalah, is a type of benefit whose legality is neither

supported nor rejected by the shari'ah texts. That is a benefit which
position does not get support from the shari'ah text and also does not
get any rejection of the shari'ah text in detail.
For example: Abu Bakar's action ordered other companions to
collect the Qur'an into a single Manuscripts.

The scholars disagree about the mashlahah mursalah as a source of

establishing Islamic law. Imam Shafi'i rejects the mashlahah of mursalah as the
stipulation of Islamic law. Whereas Imam Malik allows mashlahah mursalah as
a legal determination.

2. Adz-Dzari'ah
Adz-dzari'ah has two meanings, first something that is forbidden,
namely in the form of mafsadah, in this case the scholars try to close it.
This effort is commonly called sadd al-dzarî’ah. While the second is
recommended or prosecuted, namely in the form of benefits. In this case
the scholars try to open it. This effort is commonly referred to as fath al-
dzarî’ah.

a) Sadd Adz-dzari'ah, is a mujtahid's attempt to establish a ban on a

problem which is basically permissible. The ban is more caused to
avoid acts or other actions that are prohibited, so that the concept
of sadd al-dzari'ah is more preventive.
Sources of law related to the concept of sadd al-dzari'ah
divided into two. First maqashid (goal), that is matters that contain
mashlahah or mafsadah. The second wasail (imtercession), namely
an intermediary who brought to the maqashid where the law
folowa the law of the actions that are targeted, both in form of
halal or haram.
Example : The issue is only against the obligation of zakat.
Someone has a number of assets that according to calculations
(nishab) already fulfill the obligation of zakat, but according to the
calculation of time (haul) is still less than a month, then part of the
wealth is given to his children and relatibes. So the amount of the
asset is less then one nishab. This act is called hilah (deception), as
a result of this act also, prevent someone from the obligation of
zakat.

b) Fath Adz-dzari'ah. Fath al-dzari'ah is an mujtahid's attempt to

establish a suggestion that was originally mubah. Fath adz-
dzari'ah is a washing or connecting to something that is
recommended. Fath adz-dzari'ah contains advice that leads to
prosperity.
Example: Shalat Jum'at are obligatory. So, leaving the sale
and purchase to fulfill the obligation to do Shalat Jum'at is
mandatory.