Claim Missing Document
Check
Articles

Found 2 Documents
Search

Reinterpretasi Konsep Maṣlaḥah Dalam Mazhab Mālikī dan Relevansinya Terhadap Problematika Hukum Islam Kontemporer: A Reinterpretation of the Concept of Maṣlaḥah in the Mālikī School and Its Relevance to Contemporary Issues in Islamic Law Suandi Suandi; Jumarni Dalle; Nurchaliq Majid; Inda Sari Palinrungi; Rasdiana; Kasmanita
QISTHOSIA : Jurnal Syariah dan Hukum Vol. 7 No. 1 (2026)
Publisher : Sekolah Tinggi Agama Islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/jhki.v7i1.2066

Abstract

This article examines the reinterpretation of maṣlaḥah in the Mālikī School of Law and its relevance to contemporary Islamic legal issues in a global context. It departs from the tension between textual-normative reasoning and the increasing need to contextualize Islamic law. The study argues that maṣlaḥah is not merely a utilitarian instrument, but a methodological principle rooted in the Mālikī uṣūl al-fiqh tradition and oriented toward the realization of maqāṣid al-sharīʿah. Historically, maṣlaḥah developed through three phases. The first was a practical phase grounded in the social reality of Madinah and the tradition of ʿamal ahl al-Madīnah. The second was a systematic phase in which maṣlaḥah was integrated with the maqāṣid framework, especially in medieval legal thought. The third was a contemporary phase marked by the demand for contextual reinterpretation. Using library research and a conceptual-historical approach, this article analyzes the thought of Mālikī scholars, especially Mālik ibn Anas and al-Shāṭibī, and its development in contemporary scholarship. This study finds that many previous works discuss maṣlaḥah in a normative, abstract, and cross-madhhab manner, which obscures the distinctive epistemological character of the Mālikī tradition. The findings show that reinterpretating Mālikī maṣlaḥah through maqāṣid al-sharīʿah provides a controlled evaluative framework for addressing global issues, such as human rights, social justice, bioethics, public governance, and digital technology ethics. This article contributes a systematic and applicable framework for moderate, contextual, and substantively just Islamic legal ijtihad, while preserving legal continuity, methodological accountability, and the normative authority of Islamic law in modern societies.
CONTINUITY OF ISLAMIC LAW AND CULTURE: THE IMPLEMENTATION OF THE PRINCIPLE OF AL-'ADAH AL-MUHAKKAMAH IN THE SIRI’ NA PACCE PHILOSOPHY OF THE BUGIS-MAKASSAR COMMUNITY Suandi; Tarmizi; lukman ansar; Kasmanita
Jurnal Ar-Risalah Vol. 6 No. 1 (2026): Volume 6 Nomor 1 Tahun 2026
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/arrisalah.v6i1.6240

Abstract

The flexibility of Islamic law in responding to the dynamics of social life can be achieved through the concept of ‘urf, or customary practice. This study aims to analyze the continuity of Islamic law and community culture regarding the implementation of the principle of al-‘adah al-muhakkamah in relation to the philosophy of Siri’ na Pace, which represents the local wisdom of the Bugis-Makassar people in South Sulawesi. This research is a literature review employing a qualitative method with normative and sociological approaches. Data analysis was conducted using descriptive qualitative methods by integrating normative Islamic legal texts with the values alive in society (Siri’ na Pacce). The results indicate that the principle of al-‘adah al-muhakkamah remains a robust method for formulating Islamic law responsive to societal dynamics, provided that such cultural practices do not conflict with Islamic sharia. Its implementation within the philosophy of Siri’ na Pacce (a sense of shame and empathy), deeply rooted in Bugis-Makassar society, extends beyond mere values; it serves as a guiding principle for life that prioritizes honesty, responsibility, and social solidarity. This philosophy can be harmonized with Islamic law as a foundation for resolving issues such as silariang or passampo siri’ cases, provided that the values it contains align with the principles of maqashid al-shari’ah. This study concludes that the synergy between Islamic law and local wisdom, through the principle of al-‘adah al-muhakkamah, can establish a legal framework that is dynamic, responsive, fair, and grounded in local wisdom.