MASLAHAH CONTROVERS AS SOURCES, METHODS AND OBJECTIVES (COMPARATIVE ANALYSIS STUDY OF THE FOUR MADHAB)

Abstract

This study examines the debates and differences of opinion of the four madhab scholars regarding maslahah. The study is specific to the position and validity of maslahah in terms of aspects as sources, methods, and objectives in Islamic law. In the ushul fiqh discourse, the study of maslahah is discussed in two aspects, namely maslahah in the aspect as Maqâṣid asy-syari’ah (legal purposes) and maslahah in the aspect as al-adillah ash-syar’iyyah (an independent source of law). Based on the understanding of maslahah as Maqâṣid asy-syarî'ah, this problem then developed regarding the existence of the maslahah controversy in legal sources. The existence of differences of opinion regarding maslahah is actually only at the theoretical level, but at the empirical (practical) level all scholars acknowledge and agree that all syara' laws must contain maslahah. In addition, this difference of opinion is also from the aspect of power in relation to being a source of Islamic law, namely the position of maslahah as hujjah asy-Syar'iyyah.