Formulasi Teori Mashlahah dalam Paradigma Pemikiran Hukum Islam Kontemporer

Abstract

One of the importance and fundamental concepts in Islamic law is concerned with maqashid al-shariah This concept asserts that the main purposes of islamic law is to saveguard and realize human welfare, as this is reflective in legal maxim, “when maslahah axis, God law applies. Maslahah, to borrow Masdar F. Masudi's word, is a theory of social justice in Islamic law. The core of maqasid al-shariah is maslahah, because Islamic law will not apply if it doesn't create maslahah, that is to establish good, and to reject evil. Therefore maslalah occupies a fundamental position in Islamic Law. It aim to protect human welfare which is universal or in more technical and practical term, social justice