Dr. Latief Awaludin, MA I Al-Maslahah Mursalah #serialushulfiqih

Summary

This video discusses the concept of 'maslahat' (benefit or public good) in Islamic jurisprudence, which is divided into three categories: Maslahatun Muktabar (benefits explicitly supported by the Quran and Sunnah), Maslahatun Mulghah (benefits rejected by Islamic law despite seeming good), and Maslahatun Mursalah (benefits not explicitly mentioned in the Quran or Sunnah but accepted for the greater good). The speaker explores real-life examples like social practices and policies, emphasizing that maslahat must serve public interest and align with Shariah principles. The discussion also touches on the concept of 'Bid'ah Hasanah' (good innovation).

Takeaways

• 😀 Maslahat refers to public benefit and is a crucial concept in Islamic jurisprudence, guiding actions that impact society's welfare.
• 😀 There are three main types of maslahat: Maslahatun Muktabar, Maslahatun Mulghah, and Maslahatun Mursalah.
• 😀 Maslahatun Muktabar (Approved Public Benefit) includes actions explicitly supported by the Quran and Hadith, such as the prohibition of alcohol and interest (riba).
• 😀 Maslahatun Mulghah (Rejected Public Benefit) refers to benefits that contradict Islamic texts, like living together without marriage (kumpul kebo).
• 😀 An example of Maslahatun Mulghah is the case of a fatwa allowing a king to select his penance for violating Ramadan, which was later deemed incorrect.
• 😀 Maslahatun Mursalah (Unrestricted Public Benefit) involves benefits that are not mentioned in the Quran or Hadith but are not in contradiction with Islamic teachings and serve the public good.
• 😀 The compilation of the Quran into one book during Uthman’s caliphate is an example of Maslahatun Mursalah.
• 😀 Modern institutions such as political parties, Islamic banks, and cooperatives can be considered Maslahatun Mursalah, as they contribute to the public benefit.
• 😀 Maslahatun Mursalah must meet criteria: it should benefit the wider community, align with the spirit of Islamic law, and be rationally feasible.
• 😀 Islamic jurisprudence allows for flexible solutions in muamalah (social transactions) that align with public interests, even if they aren't explicitly mentioned in religious texts.
• 😀 The concept of maslahat emphasizes that benefits should not be viewed solely from an individual perspective but must consider societal well-being and collective good.

Q & A

What is the concept of 'maslahat' in Islamic jurisprudence?

Maslahat refers to the concept of public good or welfare in Islamic law. It encompasses actions or policies that benefit society, ensuring the well-being of the public in alignment with Islamic principles.

What are the three types of 'maslahat' discussed in the transcript?

The three types of maslahat discussed are: 1) Maslahat Muktabar (legitimate maslahat supported by the Quran and Hadith), 2) Maslahat Mulghah (rejected maslahat that contradicts Islamic teachings), and 3) Maslahat Mursalah (benefits accepted based on reasoning and public good without explicit support from the Quran and Hadith).

What is Maslahat Muktabar and can you provide examples?

Maslahat Muktabar refers to a legitimate public good supported by the Quran or Hadith. Examples include the prohibition of alcohol, usury (riba), and same-sex marriage, as these are explicitly forbidden in Islamic sources.

What is Maslahat Mulghah and what are some examples?

Maslahat Mulghah refers to a public good that is rejected by Islamic teachings, even if it may seem beneficial in some contexts. An example is the idea of 'kumpul kebo' (cohabitation without marriage), which Islam does not allow as it contradicts the prescribed form of lawful marriage.

How is Maslahat Mursalah defined?

Maslahat Mursalah is a concept where public good is accepted based on reasoning and societal benefit but does not have direct support or prohibition from the Quran and Hadith. It is considered permissible if it aligns with Islamic values and serves the common good.

What are the criteria for determining if a policy or action qualifies as Maslahat Mursalah?

For an action to qualify as Maslahat Mursalah, it must: 1) Benefit the public or society, 2) Not contradict the core principles of Sharia, and 3) Be rational and feasible to implement.

Can you provide an example of Maslahat Mursalah in Islamic governance?

An example of Maslahat Mursalah is the compilation of the Quran into a single mushaf during the caliphate of Uthman ibn Affan. While this action was not explicitly commanded by the Quran or Hadith, it was deemed beneficial for preserving the Quran in its entirety and ensuring uniformity in its recitation.

What role do reasoning and public benefit play in Maslahat Mursalah?

Reasoning and public benefit are essential in determining Maslahat Mursalah. Even though it may not be explicitly mentioned in Islamic texts, if an action is considered beneficial to society and does not contradict Islamic principles, it can be deemed permissible based on these considerations.

How do modern institutions like Islamic banks and political parties fit into the concept of Maslahat Mursalah?

Modern institutions like Islamic banks, political parties, and even prisons are examples of Maslahat Mursalah. While there may not be explicit references to these in the Quran or Hadith, they are considered beneficial for society and do not contradict Islamic teachings, thus making them permissible under Maslahat Mursalah.

What is the importance of understanding Maslahat in Islamic law and governance?

Understanding Maslahat is crucial for Islamic law and governance because it helps guide decisions that promote the well-being of the public. By evaluating actions based on their societal impact and alignment with Sharia, Islamic leaders can implement policies that address contemporary issues while adhering to core Islamic principles.