DIKTUM: JURNAL SYARIAH DAN HUKUM
Vol 19 No 1 (2021): DIKTUM: Jurnal Syariah dan Hukum

ANALYSIS OF NAJMUDDIN AL THUFI'S CONCEPT OF THE SUPREMACY OF MASLAHAH AGAINST THE POSTULATES OF ISLAMIC LAW

Hannani Hannani (IAIN Parepare)



Article Info

Publish Date
28 Oct 2022

Abstract

As the religion of rahmatan lil alamin, the arrival of Islam means a blessing and a gift to mankind. Therefore, the mujtahids agree that the formulation of Islamic law must refer to the interests of the wider community (mashlahah al-ummah). In its development, there are differences of opinion among scholars about whether maslahah should be prioritized over texts and ijma when there is a conflict. This study aims to analyze al Thufi's opinion about the supremacy of maslahah against other legal arguments. The method used is literature study to comprehensively analyze the concept of maslahah supremacy according to al Thufi. From the results of the study, it was found that al Thufi viewed maslhah as the strongest proposition compared to other arguments, but when al Thufi put maslahat first, it did not mean that at that time al Thufi ruled out texts, because al Thufi viewed the position of mashlaha as bayan takhshish.

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Journal Info

Abbrev

diktum

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

Family in Law, Islamic Law, Islamic Jurisprudence Studies, Islamic Economy Law, Islamic Political Jurisprudence, Islamic Comparative Law and Islamic ...