{"title":"MASLAHAH AND THEIR RELATIONSHIP WITH LEGAL ISTINBAT, (STUDY OF AL-JUWAYNI THOUGHT IN THE BOOK OF AL-BURHAN FI PROPOSED AL-FIQH)","authors":"Abdul Rasyid Ridho","doi":"10.20414/mu.v11i1.2036","DOIUrl":null,"url":null,"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.","PeriodicalId":228656,"journal":{"name":"Mu'amalat: Jurnal Kajian Hukum Ekonomi Syariah","volume":"20 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2019-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Mu'amalat: Jurnal Kajian Hukum Ekonomi Syariah","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.20414/mu.v11i1.2036","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
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.