Position of Maslahah Mursalah in Islamic Law
Position of Maslahah Mursalah - Because of the many uses of maslahah and mursalah, the scholars accept it as the basis for syara' for several reasons:
Human benefit continues to grow and increase following the development of human needs. If the benefits that are developing are not paid attention to, while what is considered is only the benefits that have text, surely there will be many benefits for humans in several regions and at different times will experience a legal vacuum and the shari'ah itself cannot keep up with the developments for human benefits. . Even though the purpose of the Shari'ah is to realize human benefit in every place and time.
According to the investigation, the laws, decisions, and regulations produced by the companions, tabi'in and mujtahidin priests were for the realization of mutual benefit.
The reasons of the majority of scholars above are in line with the reasons of Imam Malik bin Anas. According to Imam Malik, mashlahah mursalah can be used as a syara' proposition for the following reasons:
Many companions used al-Mashlahah al-Mursalah in taking wisdom and jurisprudence, such as the companions who collected the Qur'an, al-Khulafa` al-Rasyidun who established the obligation to indemnify the craftsmen, Umar bin Khaththab who ordered the officials to separate their personal wealth from the wealth acquired due to their position, Umar bin Khathtab who deliberately spilled milk mixed with water to teach a lesson to those who mixed milk with water, and the companions who set the death penalty for all members of groups or congregations who commits murder against one person if they commit the murder jointly.
The realization of benefit is in accordance with the objectives of the Shari'a. Taking maslahat means the same as realizing the goals of the Shari'a. Setting aside the maslahah means setting aside the goals of the Shari'a.
If benefits are not taken in every case that clearly contains benefits as long as they are in the context of syar'iyyah maslahah, then the mulatto will experience difficulties and difficulties, even though it is Allah SWT. didn't want the trouble.
source: kingilmu
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