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All Journal TSAQAFAH Pandecta : Jurnal Penelitian Ilmu Hukum (Research Law Journal)
Akbar Sarif
University of Malaya
Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Konsep Maslahah dan Mafsadah Menurut Imam Al-Ghazzali Akbar Sarif; Ridzwan Ahmad
TSAQAFAH Vol 13, No 2 (2017): Islamic Jurisprudence
Publisher : Universitas Darussalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (515.684 KB) | DOI: 10.21111/tsaqafah.v13i2.1183

Abstract

The concepts of maslahat and mafsadah known as the main reference in Islamic laws to resolve contemporary Muslims problems. The concepts of maslahat and mafsadah as a centre in maqâṣid al-syarî‘ah already discussed by Imam al-Ghazali in his books. Imam al-Ghazali well known to be the frst scholars in the study of these concepts. Imam al-Ghazali’s highlights the concepts of maslahat and mafsadah should be based on the texts (naṣṣ). However, Imam al-Ghazali mentioned the concept of maslahat used as a method not an absolute sources after al-Qur’an, al-Sunnah, ijmâ’ and qiyâs in the deriving of Islamic laws. This paper tries to explains the concepts of maslahat and mafsadah following the study conducted by Imam al-Ghazali. The fndings suggests that Imam al-Ghazali well known as the frst jurist who pioners the framework of maqâṣid al-syarî‘ah. There ara two reasons as to why he is considered as the pioneer of the concept of maqâṣid al-syarî‘ah. The frst reason is due to his systematic and detailed treatment of the concepts in his last and defnitive work on legal theory; al-Mustaṣfa. The second reason is due to the use of his terminologies and classifcations of the concept by later jurists. These all serve as the evidences to considering him as the pioneer of the concepts of maslahat and mafsadah as a legal theory. Moreover, Imam al-Ghazali tried to proposed several ‘tarjîḥ’ methods how to apply the both concepts when there is a contradiction between the two concepts.
Konsep Maslahah dan Mafsadah Menurut Imam Al-Ghazzali Akbar Sarif; Ridzwan Ahmad
TSAQAFAH Vol. 13 No. 2 (2017): Islamic Jurisprudence
Publisher : Universitas Darussalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/tsaqafah.v13i2.1183

Abstract

The concepts of maslahat and mafsadah known as the main reference in Islamic laws to resolve contemporary Muslims problems. The concepts of maslahat and mafsadah as a centre in maqâṣid al-syarî‘ah already discussed by Imam al-Ghazali in his books. Imam al-Ghazali well known to be the frst scholars in the study of these concepts. Imam al-Ghazali’s highlights the concepts of maslahat and mafsadah should be based on the texts (naṣṣ). However, Imam al-Ghazali mentioned the concept of maslahat used as a method not an absolute sources after al-Qur’an, al-Sunnah, ijmâ’ and qiyâs in the deriving of Islamic laws. This paper tries to explains the concepts of maslahat and mafsadah following the study conducted by Imam al-Ghazali. The fndings suggests that Imam al-Ghazali well known as the frst jurist who pioners the framework of maqâṣid al-syarî‘ah. There ara two reasons as to why he is considered as the pioneer of the concept of maqâṣid al-syarî‘ah. The frst reason is due to his systematic and detailed treatment of the concepts in his last and defnitive work on legal theory; al-Mustaṣfa. The second reason is due to the use of his terminologies and classifcations of the concept by later jurists. These all serve as the evidences to considering him as the pioneer of the concepts of maslahat and mafsadah as a legal theory. Moreover, Imam al-Ghazali tried to proposed several ‘tarjîḥ’ methods how to apply the both concepts when there is a contradiction between the two concepts.
Philippines-Thailand-Indonesia Exploration: Recontextualizing Anti-SLAPP in Protecting Access to Ecological Justice Erwin Syahruddin; Andre Cardenas Jr.; Akbar Sarif; Rahmat Saputra
Pandecta Research Law Journal Vol. 20 No. 2 (2025): December, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v20i2.29495

Abstract

This study examines the strategic challenges faced by environmental rights defenders in Indonesia, the Philippines, and Thailand, including the abuse of the law through the practice of Strategic Lawsuits Against Public Participation (SLAPPs) used by corporations or authorities to silence public criticism of environmental damage. Although all three countries have legal instruments for protection, their implementation is still limited and does not comprehensively cover aspects of procedural law. This study uses a normative legal approach with a comparative legal method to analyze the form of anti-SLAPP legal protection and its potential integration into the criminal procedural system. The results show that Indonesia and the Philippines still limit legal protection to environmental issues, while Thailand has more advanced normative provisions but has not been effective in preventing SLAPPs at the early stages of the legal process. A legal mechanism is needed that allows for the termination of SLAPP cases at the investigation or prosecution stage through clear legal indicators and strengthening prosecutorial discretion based on the principle of public interest. The novelty of this study lies in the proposed integration of Anti-SLAPP principles into criminal procedural law as a preventive measure against the criminalization of environmental activists and as a recognition of ecological justice, where protection of public participation and freedom of expression is an integral part of social justice in the context of environmental protection. 
Co-Authors Andre Cardenas Jr. Erwin Syahruddin Rahmat Saputra Ridzwan Ahmad Ridzwan Ahmad