Today we will discuss about
maslahah mursalah, what exactly maslahah mursalah it?? and what are the terms
and ayaratnya?? and so on. Well, in the first discussion, we will discuss the
notion of maslahah mursalah itself.
A. Understanding Maslahah mursalah
1. In terms of language
In terms of language composed of words maslahah mursalah maslahah & mursalah, maslahah same word as the word manfa'ah, both mean and wazannya (scales), which mashdar sentence that is synonymous with the phrase al-Salah, as lafadz manfa'ah synonymous with an-naf'u.
2. In terms of the term
Maslahah mursalah is to establish a legal problem that does not exist or no ijma'nya nashnya, based on a benefit.
Al-Khwarizmi defined as maslahah mursalah berikkut:
"Maintaining the purpose of Islamic law to prevent damage / disaster (mafsadat) or things that harm human beings (al-khalq)".
B. Conditions Maslahah Starat mursalah
Group that recognizes kehujjahan maslahah mursalah the legal establishment (Islamic) requires a number of conditions have to be fulfilled, so maslahah incompatible with passion, purpose, and desire that destroyed people and religion. So that one does not make wishes as inspiration and make syahwatnya as shari'ah `atnya.
The requirements are as follows:
1. Maslahah mursalah Maqosid must not conflict with Al Sharia, the arguments Kulli ', the spirit of the teachings of Islam and arguments that qathi juz'i wurud and dalalahnya. If there is no specific arguments to admit it, then maslahah is not in line with what was intended by Islam. Can not even be called maslahah.
2. welfare must be assured, and no doubt, in the sense that there should be a rational discussion and The studies and depth that we believe or reject kemudharatan menberkan benefits.
3. Maslahah should be general and comprehensive, not specific to a particular person and is not specific to a few people in small amounts. Imam Ghazali gave the example of a holistic outweigh this with an example: gentiles have to fortify ourselves with a number of people from the Muslims. If the Muslims are prohibited to kill them to preserve the lives of Muslims who fortify them, the disbelievers will win, and they will destroy the Muslims completely. And when the Muslims fight the infidels of Islam that guarded the tertolaklah danger of all Muslims to fortify the unbelievers. For the benefit of the Muslims memlihara entirely by way of the fight or destroy their enemies.
4. Maslahah maslahah was not improper, in which the existing texts do not justify it, and do not consider wrong.
C. Kinds of Maslahah mursalah
1. Maslahah dharuriyah (primary)
Maslahah dharuriyah are matters which became the foundation of human life, which, if left, the corrupted human life, merajalelalah damage, libel arose, and great destruction.
These matters can be returned to the five cases, which is the subject matter that must be maintained, namely: religion, life, intellect, lineage, and wealth.
2. Maslahah hajjiyah (secondary)
Maslahah hajjiyah is, all forms of actions and behaviors that are not related to the other base (which is on maslahah dharuriyah) required by the equipment also true, but to avoid trouble and eliminate narrowness. Hajjiyah is not damaged and threatened, but can lead to insularity and narrowness, and hajjiyah applies in the field of worship, customs, Muamalat, and jinayat field.
3. Maslahah tahsiniyah (tertiary)
Maslahah tasiniyah is to use all reasonable and appropriate is justified by the good customs and morals mahasinul covered by section.
Tahsiniyah also included in the lapanganan worship, customs, muamalah and uqubat field. Field of worship, for example, the obligation purification of unclean, close the genitals, wear good clothes when going to perform prayers, draw closer to God through deeds-deeds Sunnah, such as the Islamic prayer, fasting is sunna, charity and others.
D. Kehujjahan Maslahah mursalah
There are differences of opinion among scholars about maslahah mursalah:
1. Maslahah mursalah can not be a proof / theorem by-side dish Shafi `iyyah scholars, clerics hanafiyyah, and some scholars like Ibn Hajib Malikiyah and expert zahir.
2. Maslahah mursalah can be proof / theorem according to some scholars Imam Maliki and Shafi `i mostly side dish, but must meet the requirements specified by the scholars of usul. Jumhur Hanafiyyah and Shafi `iyyah require about this problem, should be included under qiyas, that is, if there are laws that can ashl diqiyaskan him and also there illat mudhabit (right), resulting in a legal relationship that there is a place to realize the benefit.
Referensi :
A. Understanding Maslahah mursalah
1. In terms of language
In terms of language composed of words maslahah mursalah maslahah & mursalah, maslahah same word as the word manfa'ah, both mean and wazannya (scales), which mashdar sentence that is synonymous with the phrase al-Salah, as lafadz manfa'ah synonymous with an-naf'u.
2. In terms of the term
Maslahah mursalah is to establish a legal problem that does not exist or no ijma'nya nashnya, based on a benefit.
Al-Khwarizmi defined as maslahah mursalah berikkut:
"Maintaining the purpose of Islamic law to prevent damage / disaster (mafsadat) or things that harm human beings (al-khalq)".
B. Conditions Maslahah Starat mursalah
Group that recognizes kehujjahan maslahah mursalah the legal establishment (Islamic) requires a number of conditions have to be fulfilled, so maslahah incompatible with passion, purpose, and desire that destroyed people and religion. So that one does not make wishes as inspiration and make syahwatnya as shari'ah `atnya.
The requirements are as follows:
1. Maslahah mursalah Maqosid must not conflict with Al Sharia, the arguments Kulli ', the spirit of the teachings of Islam and arguments that qathi juz'i wurud and dalalahnya. If there is no specific arguments to admit it, then maslahah is not in line with what was intended by Islam. Can not even be called maslahah.
2. welfare must be assured, and no doubt, in the sense that there should be a rational discussion and The studies and depth that we believe or reject kemudharatan menberkan benefits.
3. Maslahah should be general and comprehensive, not specific to a particular person and is not specific to a few people in small amounts. Imam Ghazali gave the example of a holistic outweigh this with an example: gentiles have to fortify ourselves with a number of people from the Muslims. If the Muslims are prohibited to kill them to preserve the lives of Muslims who fortify them, the disbelievers will win, and they will destroy the Muslims completely. And when the Muslims fight the infidels of Islam that guarded the tertolaklah danger of all Muslims to fortify the unbelievers. For the benefit of the Muslims memlihara entirely by way of the fight or destroy their enemies.
4. Maslahah maslahah was not improper, in which the existing texts do not justify it, and do not consider wrong.
C. Kinds of Maslahah mursalah
1. Maslahah dharuriyah (primary)
Maslahah dharuriyah are matters which became the foundation of human life, which, if left, the corrupted human life, merajalelalah damage, libel arose, and great destruction.
These matters can be returned to the five cases, which is the subject matter that must be maintained, namely: religion, life, intellect, lineage, and wealth.
2. Maslahah hajjiyah (secondary)
Maslahah hajjiyah is, all forms of actions and behaviors that are not related to the other base (which is on maslahah dharuriyah) required by the equipment also true, but to avoid trouble and eliminate narrowness. Hajjiyah is not damaged and threatened, but can lead to insularity and narrowness, and hajjiyah applies in the field of worship, customs, Muamalat, and jinayat field.
3. Maslahah tahsiniyah (tertiary)
Maslahah tasiniyah is to use all reasonable and appropriate is justified by the good customs and morals mahasinul covered by section.
Tahsiniyah also included in the lapanganan worship, customs, muamalah and uqubat field. Field of worship, for example, the obligation purification of unclean, close the genitals, wear good clothes when going to perform prayers, draw closer to God through deeds-deeds Sunnah, such as the Islamic prayer, fasting is sunna, charity and others.
D. Kehujjahan Maslahah mursalah
There are differences of opinion among scholars about maslahah mursalah:
1. Maslahah mursalah can not be a proof / theorem by-side dish Shafi `iyyah scholars, clerics hanafiyyah, and some scholars like Ibn Hajib Malikiyah and expert zahir.
2. Maslahah mursalah can be proof / theorem according to some scholars Imam Maliki and Shafi `i mostly side dish, but must meet the requirements specified by the scholars of usul. Jumhur Hanafiyyah and Shafi `iyyah require about this problem, should be included under qiyas, that is, if there are laws that can ashl diqiyaskan him and also there illat mudhabit (right), resulting in a legal relationship that there is a place to realize the benefit.
Referensi :
Ø Rachmat Syafe’i,ilmu ushul fiqh.Pustaka Setia
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