A Review of Maslahah Mursalah and Maqasid Shariah as Methods of Determining Islamic Legal Ruling

Abstract

The position of maqasid shariah as reference for Islamic legal ruling has been a source of dissenting opinions among contemporary ulama. Some of them accept maqasid shariah as a method of determining legal principles, whereas others do not. In classical usul fiqh literature, the discourse on maqasid shariah among the ulama only appears in discussions on the position of maslahah mursalah as a method of determining Islamic legal ruling. In light of this, the issue arises when the position of maqasid shariah, specifically as a source of law, is not mentioned by classical ulama. Therefore, a small number of scholars are of the view that maqasid Shariah is not clearly applied in the process of determining legal ruling, such as what had happened in the Shafie school of law. This article aims to review the concept of maslahah mursalah and maqasid shariah in the context of its status as a method of determining Islamic legal ruling. The findings of the study show that maslahah mursalah is not maqasid shariah because both of them originate from different sources. The rejection of maslahah mursalah by some ulama does not refer to maslahah that is in line with the higher objectives of Islamic law (maqasid shariah), but refers to maslahah that relies solely on logic and intellect. The difference of opinion among contemporary ulama regarding the position of maqasid shariah as a method of determining legal principle stems from confusion in defining and categorising maslahah mursalah and maqasid shariah.