Maslahah Mursalah

REVISI PPT MASLAHAH MURSALAH KELOMPOK 8
1. Utami Laili Abidah (G04219079)
2. Ridha Nurhidayati (G04219065)
3. Muizzatul Laili (G04219050)

Mata Kuliah Ushul Al-Iqtishodiyah
Prodi Ekonomi Syariah, Fakultas Ekonomi dan Bisnis Islam
UIN Sunan Ampel Surabaya

Menurut ahli ushul fiqh, maslahah al-mursalah ialah kemaslahatan yang telah disyari’atkan oleh syari’ dalam wujud hukum, di dalam rangka menciptakan kemaslahatan, di samping tidak terdapatnya dalil yang membenarkan atau menyalahkan. Karenanya, maslahah al-mursalah itu disebut mutlak lantaran tidak terdapat dalil yang menyatakan benar dan salah.

Selengkapnya di makalah https://www.academia.edu/45001570/Maslahah_Al_Mursalah

Menurut ahli ushul fiqh, maslahah al-mursalah ialah kemaslahatan yang telah disyari’atkan oleh syari’ dalam wujud hukum, di dalam rangka menciptakan kemaslahatan, di samping tidak terdapatnya dalil yang membenarkan atau menyalahkan. Karenanya, maslahah al-mursalah itu disebut mutlak lantaran tidak terdapat dalil yang menyatakan benar dan salah.

The aim and focus of the foundations and principles of the modern Islamic finance is to revive the justice and equity in the society, and that formulates the core objective of the Islamic system. However, in the current situation, Islamic banking and finance (IBF) is apparently mixing up the concept of social welfare and the conventional ideology of wealth maximisation altogether due to the unavoidable need to compete with the conventional financial system and the force of convergence between those two. There are many Islamic finance scholars who now argue that ‘banks are not for poor’, which clearly shows that the need for the new institution is necessary. Therefore, establishment of new institutions and reformation and improvement of present ones will bring complete and solid Islamic financial system, which then will contribute to enhancement of the distributive and social justice in the society, which will be one step closer to the completion of the true Islamic economic system. This paper studies the emergence of IBF, its relationship with maqasid al-Shari’ah, meaning, proper comprehension and appropriate application of Shari’ah objectives, as well as challenges facing in realising these divine objectives. The paper analyses current practices of IBF showing examples of social failure and deviations of IBF from the concept of maqasid al-Shari’ah and provides some practical solutions, implementation of which should bring IBF back on its course to achieve maqasid al-Shari’ah.

The article attempts to forward a holistic approach of Maqasid of al-shariah in Shariah Studies in Malaysia. The proposal is based on the belief that the concept of Maqasid al-Shariah as well as its application has its own significance in the programming of Shariah Studies in Malaysia. The discussion begins by introducing the essentiality of Maqasid al-Shariah, the needs in the process of globalization and their relevance in Maqasid al-Shariah, and an analysis of the proposed approach as implemented in the Shariah Studies at the Academy of Islamic Studies, University of Malaya.

Islamic legal tradition is discursive; it developed through discourses at two levels, one between jurists and society, and the other between jurists and state. The part played by differences of opinion (Ikhtilaf) and juristic reasoning (Ijtihad) cannot be overstressed. It provided strong basis for legal pluralism and accommodation of social practices,
especially in the area of marriage and divorce. State efforts to centralize law did not meet the approval of the jurists. Since  state had no direct role in the development of fiqh, the
systematization of Fiqh and Law Schools was achieved through consensus. Looking back at the history of Islamic law, we find that local practices in various cities like Medina and
Kufa generated diverse legal doctrines and gradually produced more than nineteen schools of law (madhhab); about seven are still in practice today. The distinct mark of the development of fiqh in this period is the diversity of views among the jurists on almost
each and every doctrine. This diversity was welcomed by Islamic legal theory as a valid
manifestation of Ijtihad. It is typically usual in the Fiqh texts to mention more than one view on almost every point. This is evident even in Fiqh texts like Fatawa Alamgiri, which were designed as a guide book for the qadis. Instead of giving just one doctrine of law, these texts refer to different opinions. It looks strange, but the underlying concept seems to be that it was not for the jurist, to choose between these varying opinions.

Abstrak
Tanggung Jawab Sosial Perusahaan (CSR) merupakan hal yang tidak asing lagi dalam dunia hukum dan perusahaan. Disamping itu, kegiatan CSR merupakan wujud tanggung jawab perusahaan terhadap lingkungan sekitarnya baik manusia maupun alam. Namun sebagai umat islam perlu mengetahui apakah kegiatan CSR sudah sesuai dengan etika bisnis islam dan hukum islam jika dilihat dari maslahah dan mursalahnya. Tujuan artikel ini untuk memberikan gambaran kegiatan Corporate Social Responsibility (CSR) dipandang dari perspektif etika bisnis dan hukum islam khususnya maslahah dan mursalah. Sehingga diharapkan pelaksanaan CSR oleh pengusaha tidak sekedar dipandang sebagai kegiatan rutin belaka tetapi sebagai kegiatan ibadah. CSR jika dipandang dari persepektif etika bisnis islam maka sudah sesuai dengan prinsip-prinsip etika bisnis islam yaitu Siddiq, Amanah, Fathonah dan Tabliq. Sedangkan dari sudut pandang hukum islam yaitu maslahah dan mursalah juga sudah memenuhi. Jadi pelaksanaan CSR sudah sesuai dengan ajaran islam baik dari segi etika bisnis muapun dari segi hukum maslahah mursalah.

Kata Kunci : Corporate Sosial Responbility (CSR), Etika Bisnis Islam, Hukum Islam

Muslims, as well as their laws and customs have had a long and distinguished history in Sri Lanka. Although there is evidence that religious laws and customs of the Muslims were applied by the Sinhalese kings in resolving disputes among Muslim subjects from ancient times, and a special court was established for this purpose in Colombo in the fifteenth century, by the time the Dutch took over the maritime zones of Sri Lanka in 1658, these special laws and institutions had fallen into decay. In order to fill the void, Dutch Governor Iman Willem Falck introduced a Code of Law then in force in Batavia  based largely on the Shaffie Sect (mazhab) with the concurrence of the Muslim community in Colombo, which was later translated into English by British Governor Sir Fredrick North and incorporated into law as the Mohammedan Code of 1806.
The provisions of the Mohammedan Code have been replaced now in Sri Lanka by various legislative enactments, and the provisions that dealt with matrimonial matters are now governed by the Muslim Marriage and Divorce Act of 1951 (MMDA) which were brought into operation only in 1954. In recent times there has been much debate as to whether the provisions of the Act need to be amended in the light of present-day needs, and after several law reform initiatives failed to produce results, in July 2009, the then Minister of Justice and Law Reform, Hon. Milinda Moragoda appointed a Committee of eminent persons with specialized expertise,  to review the Muslim personal law including the system of Quazi Courts , and to recommend amendments to MMDA. In doing so, it is noteworthy that the Committee took great pains to call for public representations, held public sittings and consulted all community organizations and every shade of opinion, in order to formulate its recommendations. The Report of the said Committee was submitted to the Minister of Justice in early 2018, and was considered by the Cabinet of Ministers on a joint Cabinet Memorandum submitted by the Minister of Justice and Minister of Muslim Affairs. On the direction of the Cabinet, a draft Bill has been prepared by the Legal Draftsman, whose work was curtailed by the dual schedule classification of the recommendations to which the Cabinet of Ministers had not sufficiently addressed its attention.
The purpose of this article is to discuss the various recommendations of the said Committee and suggest the way forward since various intervening circumstances including the placing on the order paper of Parliament of a private member's bill to repeal the Muslim Marriage and Divorce Act and a "One Country, One Law" campaign being carried out by certain elements have now created the danger that the work of the Expert Committee in recommending reforms to the Muslim Marriage and Divorce Act will go waste if the said Act itself is repealed. Such an eventuality will not only destroy Sri Lanka's legal diversity but also result in grave injustice to Sri Lanka's Muslim community.

Sınırlı olan nasslar sınırsız gelişmeleri yönlendirecek genellikte gelmiştir. Vahiy sürecinin sona ermesi ve Hz. Peygamber’in irtihalinden sonra ortaya çıkan fıkhi problemleri Hz. Ömer ve diğer fakih sahabiler, yaptıkları içtihatlarla çözmüşlerdir. Sonraki nesillere de bu yöndeki birikimleri ile öncülük etmişlerdir. Bu çalışmada Hz. Ömer döneminde yaşanan yoğun içtihat faaliyetlerine dikkat çekip bu mesainin değerini vurgulamak için somut örnekler verip bunları birtakım fıkhi ilkeler ışığında açıklayarak Hz. Ömer’in İslam hukukunun teşekkülüne katkısını vurgulayacağız. Fıkıhta bazı usuli ilkelerin oluşması ve içtihat prensiplerinin oluşmasında Hz. Ömer döneminde yapılan içtihatların etkisi vardır. Bahis mevzu uygulamalar incelenerek oluşturduğumuz ve beş bölümde incelediğimiz ilkeler Hz. Ömer döneminde bilinen fıkhi ilkeler olmayıp sonradan belirlenen prensiplerdir. Sonuç olarak şunları diyebiliriz: Hz. Ömer’in içtihat, fetva, hüküm ve maslahatı gerektirecek birçok uygulaması olmuştur. Bütün nevileriyle içtihadı tatbik etmiştir. Genellikle içtihatlarını şura yoluyla yapmıştır. İçtihatlarına dayanak yaptığı yazılı usul ve kaideleri yoktur. Hz. Ömer birtakım iddiaların aksine nasslarda belirlenmiş hukuki sınırları aşıp reform yapmamıştır. İçtihada bırakılmış sahada kanun koyucunun belirlediği ilkelere bağlı kalarak içtihat faaliyetlerini yürütmüştür. Siyasi başarısının yanında sahabilerin en fakihlerinden biri olarak fıkıh alanında da yaptıklarıyla İslam hukukunun teşekkülüne katkıda bulunmuştur.
Anahtar Kelimeler: Sahabe, Fıkıh, İçtihat, Maslahat, Hz. Ömer.
Limited doctrines covers unlimited improvements. After the end of the process of revelation and Hz. Muhammad's death many problems happened in the field of the fıqh. Hz. Ömer and the other companions makes the case law to solve the problems so they made the lead in to the next generation. In this study we give some concrete examples to tell about the case law activities with jurisprudential principles in the term of Hz. Ömer. In this way we proved that his influence to the formative period of Islamic jurisprudence. Hz. Omar has an effect the formation of some procedural principles and case law. This procedural principles didn’t established during the Hz. Ömer, they were subsequent developments after him. As a result, we can say the following: Hz. Omar has many applications, case, verdict and sentencing to require maslaha. Hz. Ömer was applied to the case law with all varieties. He usually made through the council's case-law. There weren't any bases and written procedures and rules for the case-law that he made. Contrast to some claims he didn't exceed the legal boundaries and didn't make reform. He remained committed to the principles set by the legislator. In this way, the activities carried out case. In addition his political successes he was one of the jurists of the Companions. And we can say that his actions contributed to the formation of Islamic law.
Keywords: Companions, Fiqh, Ijtihâds, Maslaha, Caliph Omar.

The theory of Ġazzālī “Maḳāṣid al-Sharīʿa” is found
especially in his works Shifāʾ al-Ghalīl, al-Mustasfā, Iḥyāʾ
ʿUlūm al-Dīn and al-Manhul. He also describes the
definition, scope, rules and ranks of this theory in these
works. Ġazzālī says that the use of the word “maṣlaḥa” in
his book Shifāʾ al-Ghalīl is an abbreviation of abbreviation.
According to Ġazzālī, “maṣlaḥa” is the acquisition of a
welfare and the prevention of injury in this way. Starting
from the concept of “münasebet” he says that the purpose
of this relationship can be religious and secular. Ġazzālī
argues that each of these would be related to the concepts
of “tahsīl” and “ibkā”. He says that “tahsīl” is the gain of
the welfare and “ibkā” is the removal of the harms. Ġazzālī
constitutes a specific terminology within the framework of
these concepts.
It is meant to preserve the essence of sharīʿa with
“maṣlaḥa”. In fact, Ġazzālī says that “maṣlaḥa” has a broad
conceptual domain to include the needs of humans and the
entire creature from their unique biological, physical and
social aspects. Ġazzālī did not comment on the purpose of
worship with the fear of not being able to determine the
reasons and purposes according to Allāh’s requisition. In
this direction, Ġazzālī examined the provisions of Islamic
law by means of induction and stated that the basic purpose
of the society is to use it. Thus, he summarized all the
purposes of the Qur’ān for one intention. Ġazzālī said that
maḳāṣid is the foundation of religion, spirit, mind,
generation and property. Ġazzālī has had considerable
influence on the theorists after him especially al-S̲h̲āṭibī on
the “maḳāṣid al-sharīʿa”.

The theory of Ġazzālī “Maḳāṣid al-Sharīʿa” is found especially in his works Shifāʾ al-Ghalīl, al-Mustasfā, Iḥyāʾ ʿUlūm al-Dīn and al-Manhul. He also describes the definition, scope, rules and ranks of this theory in these works. Ġazzālī says that the use of the word “maṣlaḥa” in his book Shifāʾ al-Ghalīl is an abbreviation of abbreviation. According to Ġazzālī, “maṣlaḥa” is the acquisition of a welfare and the prevention of injury in this way. Starting from the concept of “münasebet” he says that the purpose of this relationship can be religious and secular. Ġazzālī argues that each of these would be related to the concepts of “tahsīl” and “ibkā”. He says that “tahsīl” is the gain of the welfare and “ibkā” is the removal of the harms. Ġazzālī constitutes a specific terminology within the framework of these concepts. It is meant to preserve the essence of sharīʿa with “maṣlaḥa”. In fact, Ġazzālī says that “maṣlaḥa” has a broad conceptual domain to include the needs of humans and the entire creature from their unique biological, physical and social aspects. Ġazzālī did not comment on the purpose of worship with the fear of not being able to determine the reasons and purposes according to Allāh’s requisition. In this direction, Ġazzālī examined the provisions of Islamic law by means of induction and stated that the basic purpose of the society is to use it. Thus, he summarized all the purposes of the Qur’ān for one intention. Ġazzālī said that maḳāṣid is the foundation of religion, spirit, mind, generation and property. Ġazzālī has had considerable influence on the theorists after him especially al-S h āṭibī on the “maḳāṣid al-sharīʿa”.

This book deals with the sources of Islamic jurisprudence and their importance in deducing the religious rulings. It covers the concept of ijtihād (independent reasoning), its conditions and application and illustrates why it is a practice for experts rather than laymen. It also explains the differences in the levels of expertise of the mujtahids. In fact, there are seven distinct classifications of mujtahid. The book also covers the communication of God as Lawgiver with regard to the conduct of liable persons. It details the difference in probative value of communication based on the extent to which it binds an individual be it absolutely binding, a recommendation or mere permissibility. The reader will be able to understand the difference between fiqh (law) and Usūl al-Fiqh (methodology of law). Fiqh is the law itself whereas Usūl al-Fiqh is the methodology utilized to extract the law. The relationship between the two disciplines resembles that of the rules of grammar to a language, or of logic to philosophy. Usūl al-Fiqh in this sense provides the standard criteria for the correct deduction of the rulings of fiqh from the sources of Shari’ah (the Qur’an and Sunnah).

Virus Covid-19 yang diumumkan sebagai pandemi global perlahan mulai mempengaruhi kondisi global di berbagai sektor kehidupan. Salah satu terdampak dari pandemi Covid-19 adalah bidang sosial budaya tepatnya di sektor keagamaan. Dalam agama Islam, seorang hamba diharuskan mengamalkan kelima rukun Islam, dimana rukun terakhirnya adalah pergi haji bila mampu. Hukum ibadah haji adalah fardhu 'ain, yang berarti wajib bagi setiap muslim yang mampu, hukum wajib disini berarti wajib dilaksanakan sekali semasa hidup. Penelitian ini bertujuan untuk mengetahui bagaimana ketentuan ibadah haji di masa pandemi Covid-19. Metode penelitian yang digunakan adalah deskriptif kualitatif, dengan mengidentifikasi permasalahan, menganalisis dan menyimpulkan. Hasil dari penelitian ini yaitu kebijakaan pembatalan keberangkatan jemaah haji pada tahun 2020 dan tahun 2021 diambil berdasarkan hukum maslahah mursalah. Adapun respon dan dampak pro dan kontra akibat kebijakan ini akan disosialisasikan melalui skateholder yang berwenang baik dari pusat maupun daerah

Terdapat banyak perceraian karena faktor ekonomi tapi jumlah keluarga miskin (pra sejahtera) lebih banyak lagi. Jika masalah ekonomi menyebabkan perceraian, maka mengapa banyak keluarga miskin tidak bercerai. Berangkat dari latarbelakang itu, skripsi ini membahas tentang (1) hubungan antara jumlah keluarga pra sejahtera dengan jumlah perceraian karena faktor ekonomi dan (2) uji maslahah mursalah pada konsep perceraian karena faktor ekonomi menurut fiqh dan hukum positif. Penelitian ini menggunakan analisis korelasi spearman rank pada data perceraian tahun 2008-2016 dan data keluarga pra sejahtera taun 2004-2015 yang dijadikan data uji kelayakan pengamalan mashlahah mursalah. Hasilnya, perceraian karena faktor ekonomi adalah syiqaq (menurut hukum positif) dan tafriq li 'usr bi al-nafaqah (menurut fiqh). Walaupun terdapat koefisien korelasi -0,5 antara jumlah perceraian karena faktor ekonomi dan jumlah keluarga pra sejahtera tapi koefisien korelasi spearman tersebut tidak nyata secara statistik dan hanya kebetulan terjadi dalam tahun 2008 - 2015. Dalam sudut pandang mashlahah mursalah, perceraian karena faktor ekonomi adalah mashlahah mulghah kecuali jika memenuhi lima syarat tafriq li adam al-infaaq atau menyebabkan suami-istri saling melakukan perbuatan dan perkataan jelek sehingga mereka saling memukul dan mencaci.

There are many divorces due to economic factors but the number of poor (pre -prosperous) families is much more. If economic problems lead to divorce, then why are so many poor families not divorcing. Departing from that background, this thesis discusses about (1) the relationship between the number of pre -prosperous families with the number of divorces due to economic factors and (2) the test of maslahah mursalah on the concept of divorce due to economic factors according to fiqh and state law. This study uses spearman rank correlation analysis on divorce data in 2008-2016 and pre-prosperous family data in 2004-2015 which is used as eligibility test data for the practice of mashlahah mursalah. As a result, divorce due to economic factors is syiqaq (according to positive law) and tafriq li 'usr bi al-nafaqah (according to fiqh). Although there is a correlation coefficient of -0.5 between the number of divorces due to economic factors and the number of pre -prosperous families but the spearman correlation coefficient is not statistically significant and only happened in 2008 - 2015. In the point of view of mashlahah mursalah, divorce due to economic factors is mashlahah mulghah unless it fulfills the five conditions of tafriq li adam al-infaaq or causes the husband and wife to do each other bad deeds and words so that they hit and curse each other.

This paper aims to examine the position of culling of stray dogs during the 2015 rabies outbreak in Malaysia as a measure to eliminate rabies transmission from the perspective Malaysian legal framework and Islamic law with special reference to ḥifz al-nafs (protection of life). For that purpose, this paper discusses the Malaysian law and policy pertaining to rabies and rabies control as stated in two Malaysian statutes, namely Animals Act 1953 (Act 647), Animals (Amendment) Act 2013 (Act A1452) and Prevention and Control of Infectious Diseases Act 1988 (Act 342). It further analyses the position of culling of stray dogs in eliminating transmission of rabies from the Islamic law perspective by applying the concept of maṣlaḥah mursalah (consideration of public interest) and sadd al-dharā’iʿ (blocking the means) in order to analyse the measure within the framework of maqāṣid al-Sharīʿah (objectives of Sharīʿah) in general, and ḥifzʿala al-nafs (protection of life) in particular. In the light of these objectives, it also evaluates the position of culling of stray dogs by outweighing the situation when the life of human were in conflict with the life of animals (i.e. stray dogs) using the Islamic legal maxim. To facilitate the research, the reference is made to the primary and secondary sources of information – the primary sources include the Qur’ān, ḥadīth and statutory provisions, whilst the secondary sources include the published materials such as books, articles as well as internet sources. In addition, this research also utilizes the information and data collected from the Department of Veterinary Services of Malaysia under the Ministry of Agriculture and Agro-Based Industry Malaysia. This paper concludes that the position of culling of stray dogs as a measure in eliminating rabies transmission is permissible (mubaḥ) in order to protect the public interest and to remove hardship in the society based on the evaluated determinant factors within the determined time scope, that are: i) the Malaysian experience and condition during the rabies outbreak; ii) the shortage of rabies vaccine in Malaysia during the outbreak; iii) the vital nature of the rabies virus; iv) the nature and habit of stray dogs as the main host of rabies virus; v) the nature of the conflicted harms between the harm to human and harm to stray dogs. It further concludes that the measure is important to protect the public health which consequently significant to achieve the social harmony.

The western ethical philosophy provides that if any decision brings the greatest good for the greatest number of people, then the decision is acceptable although a small number of people might be affected by the decision. This is also known as democratic rule of making decision based on majority opinions. There are similar principles in Islam known as ‘al-maslahah al-mursalah’ which means ‘for public interest’. It means that if any decision is taken by a business leader or by an authority for the interest of employees or the public then that decision is acceptable in Islamic jurisprudence. Islam accepts a decision if it is beneficial for the society. There is another principle in Islam which is known as ‘Istihsan’ which means ‘judicial preference’. Muslim scholars use this concept to prefer one decision over another on public interest ground. However, it is noteworthy that as mankind, we are the vicegrants (Khalifa) of Allah (Subhanahu Wa Ta’alaa) on earth as well as representatives of the general masses of the society. So, whatever decision which is formulated, it should be for the benefit of people and at the same time for the satisfaction and contentment of Allah (Subhanahu Wa Ta’alaa). The objective of this paper is to critically analyze the possibility of harmonizing the western philosophy ‘the greatest good for the greatest number of people’ with the Islamic jurisprudential principles ‘al-maslahah al-mursalah’ and ‘al-Istihsan’. Qualitative research approach was employed in this study to critically analyze the above mentioned jurisprudential principles.

Dans cette étude, j’analyse les nouvelles réformes apportées par
le futur Roi Saoudien, Mohammad bin Salman. En clarifiant le
processus historique et philosophique qui sont au fondement de
l’actuelle structure de l’état, j’analyserai la théorie politique d’Ibn
Taymiyyah “al-Siyāsa al-Shar’iyya”, et son application
contemporaine en Arabie Saoudite, à travers l’utilisation d’un
concept religieuse appelé maṣlaha, le bien commun. Après un
bref coup d’oeil sur la formation du concept et son appropriation
par la politique, j’analyserai les différentes réformes Saoudienne
appelés “Vision 2030” en partant des droits des femmes jusqu’à
la politique contre le terrorisme. En explicitant les raisons, les
processus et les conséquences d’une telle réforme sociétal je
mettra l’accent sur le processus menant à l’instrumentalisation
du maṣlaha par le pouvoir politique Saudienne

Different from most scholars of Ushul Fiqh, al-Ṭûfî tend to put theory maṣlaḥah independence of human reason. For al-Ṭûfî vision of a more objective reason in positioning the criteria maṣlaḥah compared to antagonist naṣṣ with one another. Therefore, the validity of argument maṣlaḥah should be determinant above the arguments of others, not to mention al-naṣṣ al-shar’î though. Pattern of this determination, in analytical with an approach normative-juridical and nature descriptive content analysis. That pattern, departing from the view that to discover the existence of maṣlaḥah not have to wait information and support naṣṣ. The mind can independently determine the matters contained therein maṣlaḥah and things are mafsadah. However, in its application, maṣlaḥah must be observed whether related to religious and muqaddarât or related to mu’âmalât and ‘âdat. If related to religious and muqaddarât it must have the support of legality naṣṣ and ijmâ’. Unlike the case wit...

Capitalism is a system based on consumption. The biggest goal of this system is to make more profit. The morality of this system is also shaped by more profit on the basis of individuality and freedom. This capitalist system will never be able to regulate a collective consciousness that is beneficial to man's fundamental existence. In this system, the stronger will have more freedom. Capitalism has its own set of regulations depending on profit margin. But a consciousness -with respect to traditions and religions- that is fed from the “ethics of task” in terms of common humanity shareholder can make capitalism more balanced and equitable.
The ḥalāl product concept should be prevented from becoming part of the capitalist system in course of time. Because if a higher business ethic is not developed, this competition can only become a “vague” production model that serves the capitalist system. From product recipe to animal trade, ethic must be standard according to Islamic morality. From process of delivering to the consumer of the product, producers must be inspected as versatile. Precautions should be taken so that the manufacturer is not allowed to deception. For example, a baker does not put a porcine gelatin into a baked pie, but he may deceive on the weight of this pie. At this point, the question of the legitimacy of the “ḥalāl product” arises. In this example, if a bread is seized because it is lower than the grammage standard, it may mean that this product is not legitimate even though it is ḥalāl. In other words, if a product has a “ḥalāl” logo, it must prove that all transactions made in the production process of that product conform to Islamic morality. For this, Islamic business ethics must be fed with such details. In this process, producers and merchants should be careful in these matters, not even deceive people when advertising.

Different from most scholars of Ushul Fiqh, al-Ṭûfî tend to put theory maṣlaḥah independence of human reason. For al-Ṭûfî vision of a more objective reason in positioning the criteria maṣlaḥah compared to antagonist naṣṣ with one another. Therefore, the validity of argument maṣlaḥah should be determinant above the arguments of others, not to mention al-naṣṣ al-shar’î though. Pattern of this determination, in analytical with an approach normative-juridical and nature descriptive content analysis. That pattern, departing from the view that to discover the existence of maṣlaḥah not have to wait information and support naṣṣ. The mind can independently determine the matters contained therein maṣlaḥah and things are mafsadah. However, in its application, maṣlaḥah must be observed whether related to religious and muqaddarât or related to mu’âmalât and ‘âdat. If related to religious and muqaddarât it must have the support of legality naṣṣ and ijmâ’. Unlike the case with regard to issue mu’âmalât and ‘âdat, then maṣlaḥah be the most powerful and independent argument, did not need a legality naṣṣ and ijmâ’. In fact, even if turns out maṣlaḥah contrary to naṣṣ and ijmâ’, maṣlaḥah must keep favored either with takhṣîṣ (specialization) and bayân (explanation) against naṣṣ and ijmâ’

Maslahah actions that encourage human goodness or anything beneficial to human beings. This article is in the decision of the Religious Court of Madiun City number 0020/Pdt.G/2017/PA.Mn. The judge only granted the application for permission to have polygamy and rejected the application for separation of joint property; the decision was not granted on the verdict. The method used in this research is a qualitative research method that produces descriptive data analysis. Primary data in the form of the judge's decision of the Religious Court of Madiun City Number 0020/Pdt.G/2017/PA.Mn The secondary source of library materials in the form of books and interviews with judges. The results of this study there are three conclusions, namely 1). That is the decision with case number 0020/Pdt.G/2017/PA.Mn is by the rules of Maslahah Dzaruriyyah because in this matter, to preserve religion, soul, intellect, lineage, and property have been fulfilled. Only one thing has not been fulfilled about the property, so the more significant problem must come first. 2). The maslahah of formal and material written evidence has been met, but in the evidence of common property is not by the law, the judge rejected it, and it is by the maslahah mu'tabaroh supported by syara '. 3). The maslahah in the witness evidence, including the maslahah hajjiyah, is less than maximum, or it is still doubtful that the witness only knows it. Not by the material requirements (Article 171 HIR/308 RBg) to see, hear, and experience for himself. So the judge gave relief to the parties to support the fulfilment of the maintenance of religion, soul, intellect, lineage and property.

Tulisan ini hendak mengkaji upaya penguatan karakter islami siswa melalui buku saku serta internalisasi konsep maslahah melalui buku saku dalam menguatkan karakter islami siswa. Berdasarkan data hasil penelitian, MTs Negeri Sumber Bungur melakukan langkah konkrit dalam rangka menguatkan karakter islami siswa dengan cara mengintegrasikan nilai-nilai karakter islami dalam setiap aspek mata pelajaran. Di samping itu terdapat upaya internalisasi konsep maslahah pada aplikasi tata tertib yang dapat dilihat dari klasifikasi pelanggaran serta sanksi yang dikategorikan “berat”, “sedang” dan “ringan”. Aplikasi klasifikasi pelanggaran dan kategori sanksi yang akan diberikan merupakan konsep maslahah dan tataran praksis. Dalam konteks maslahah, ketegori peanggaran berat, sedang dan ringan dapat disetarakan dengan kategori dharurah, hajiyah dan tahsiniyah. Konsep penguatan karakter islami siswa melalui Buku Saku di MTs Negeri Sumber Bungur Pamekasan dilakukan dengan menggunakan pendekatan punishment berupa pemberian bobot mulai dari poin 0 sampai dengan poin 100 dengan memberikan klasifikasi pelanggaran berat, sedang dan ringan. Internalisasi konsep maslahah melalui Buku Saku dalam menguatkan Karakter Islami Siswa di MTs Negeri Sumber Bungur Pamekasan merupakan aplikasi dari konsep maslahah dharuriyah, maslahah hajiyah dan maslahah tahsiniyah yang dalam tataran praksisnya dimuat pada klasifikasi pelanggaran berat, sedang dan ringan yang orientasinya berupa upaya penciptaan kebaikan, suasana yang aman, nyaman dan sesuai dengan syari’at
This writing is trying to analyze the effort of strengthening and internalizing the students’ Islamic characteristics through their pocket book. Based on the research data, MTsN Sumber Bungur pamekasan did a concrete way to strengthen the students’ Islamic characteristics by integrating them in every aspect of the lesson. Besides, there is also an effort to internalize the maslahah concept in the application of students’ rule that can be seen from violation clarification and also the punishment which categorized into serious, medium, and small violation. The application of violation clarification and punishment category given is a concept of Maslahah and practical guidance. In the context of maslahah, serious, medium, small violation can be suited into dharurah, hajiyah and tahsiniyah. The concept of strengthening the students’ Islamic characteristics through the students’ pocket book in MTsN Sumber Bungur Pamekasan has done by giving punishment in the form of giving point from 0- 100 by giving violation clarification to serious, medium and small violation. The internalization of Maslahah concept through the students pocket book in order to strengthen the students’ Islamic characteristics in MTsN Sumber Bungur Pamekasan is the application of Maslahah Dharuriyah, Maslahah Hajiyah and Maslahah Tahsiniyah which in practice it belongs to serious, medium, and small violation which oriented on the effort to bring goodness, peaceful, comfortable situation appropriate with the Sharia.