The Concept Of Maslahah Mursalah According To Ash-Syatibi In Islamic Law

Sakban Lubis, Syarifuddin;

Abstract

The problem is one of theses mursalah Islamic law that is still disputed by scholars of Fiqh.  This is the proposition mursalah Maslahah to assign a new issue that has not been mentioned explicitly in the primary sources, the Qur'an and as-Sunnah, either accepted or rejected. This paper discusses the application of the method of maslahah mursalah in determination of an Islamic law.  Writing review thought sy-Syâtibî, which defines the maslahah mursalah is maslahah found on new cases that are not designated by certain nash but he conceived the benefit which coincided (al-munâsib) with action syara '.   The concept of action (tasharrufât) syara ' in this regard should not be supported with specific evidence for standalone and pointed at the maslahah group basis but can benefit for sure (qat'î). New problems that there has not been confirmation, either permitted or denied, and contain the benefit that was decided by maslahah mursalah is related to issues of muamalat pertaining to worship instead.  The use of maslahah mursalah as evidence for the determination of the law just for the needs of the nature dharûrî and hâjî.  Determine the benefit of an action that would later be made the basis of consideration in the Canon of maslahah mursalah can use its full potential.    This mursalah maslahah resting on the benefit.  Observing the main postulate basis maslahah mursalah, then found out about the theory of inevitability into a benefit in the use of maslahah mursalah as evidence Islamic law.  Many scholars of Fiqh in the proposal that are trying to develop the concept of maslahah mursalah. Among the scholars of Fiqh proposal is Al-Syâtibî.