Determinasi Maṣlaḥah Atas Naṣṣ; Liberasi Nalar Sharî’ah Najmuddîn al-Ṭûfî

Abstract

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’