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Syaiful Bahri
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Menakar Liberalitas Pemikiran al-Tufi tentang Maslahah dalam Hukum Islam Syaiful Bahri
UNIVERSUM : Jurnal KeIslaman dan Kebudayaan Vol 9, No 2 (2015)
Publisher : IAIN Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/universum.v9i2.81

Abstract

This paper attempts to discuss Najmuddin al-Tufi’s thought on maslahah, as well as see the extent of his liberal idea. In order to unravel this problem, the author conducted a literature review to examine al-Tufi’s work, Risalah fi Ri’ayah al-Maslahah. This study resulted in two conclusions. First, al-Tufi’s thought on maslahah is quite controversial because it is delivered with provocative words. Al-Tufi states that in case of conflict between nas and masalahah, the precedence is maslahah using Takhsis and Tabyin mechanisms. Second, al-Tufi’s thought can’t be put into the category of liberal thought. Since, although al-Tufi states the permissibility displacing the position of nas with maslahah, the process must be carried out with the Takhsis and Tabyin mechanisms which are already popular practiced in Islamic Legal thoughts.Keywords: Al-Tufi, Maslahah, Ri’ayah al-Maslahah
MENAKAR LIBERALITAS PEMIKIRAN AL-ṬŪFĪ TENTANG MAṢLAḤAH DALAM HUKUM ISLAM Syaiful Bahri
UNIVERSUM: Jurnal Keislaman dan Kebudayaan Vol. 9 No. 02 (2015): Juli 2015
Publisher : LPPM IAIN Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/universum.v9i02.776

Abstract

This paper attempts to discuss Najmuddīn al-Ṭūfī’s thought on maslahah, as well as see the extent of his liberal idea. In order to unravel this problem, the author conducted a literature review to examine al-Ṭūfī’s work, Risālah fī Ri’āyah al-Maṣlaḥaḥ. This study resulted in two conclusions. First, al-Ṭūfī’s thought on maslahah is quite controversial because it is delivered with provocative words. Al-Ṭūfī states that in case of confl ict between naṣ and masalahah, the precedence is maslahah using Takhṣīs and Tabyīn mechanisms. Second, al-Ṭūfī’s thought can’t be put into the category of liberal thought. Since, although al-Ṭūfī states the permissibility displacing the position of naṣ with maslahah, the process must be carried out with the Takhṣīṣ and Tabyīn mechanisms which are already popular practiced in Islamic Legal thoughts.
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