Al-Mashlahah and Reinterpretation of Islamic Law in Contemporary Context

Abstract

Substantially, all Islamic law comes with a mission of benefiting humans, as the theory of al-mashlahah suggests. This article elaborates extensively on the theory of al-mashlahah in the discourse of Islamic legal thought from classical to contemporary times, starting from al-Ghazâli's theory of al-mashlahah in his book al-Mustashfa to `Izz al-Dîn ibn 'Abd al-Salâm’s concept of jalb al-manafi wa daf’u al-mafasid (taking benefit, refuting harm) and al-Shatibi with a comprehensive integralistic approach in his work al-Muwafaqat. Contemporary Muslim intellectuals, such as Ibn Asyur, Abdul Majid Al-Najjar, Jamaluddin 'Athiyah and Jasser Auda further develop this theory. This article finds that there is a continuous dynamic of Islamic legal methods related to the theory of al-mashlahah, which is used as an argument in the contemporary era, transforming into maqashid al-shariah. The reform in Islamic law mostly makes use of the maqashid as the basic paradigm, which covers not only individual but also social, communal and universal social benefits. In this context, Al-Najar, 'Athiyyah, and Jasser Auda offer new scope and dimensions of maqasid al-shari'ah theory to answer the problems of contemporary Islamic law.

Full text

Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Volume 8. No. 3. November 2024
ISSN: 2549 – 3132; E-ISSN: 2549 – 3167
DOI: 10.22373/sjhk.v8i3.24918
║ Submitted: July 08, 2024
║ Accepted: October 18, 2024
║Published: October 18, 2024
http://jurnal.ar-raniry.ac.id/index.php/samarah
1818
Al-Mashlahah and Reinterpretation of Islamic Law in Contemporary
Context
Muhammad Harfin Zuhdi
Islamic State University of Mataram
Mohamad Abdun Nasir
Islamic State University of Mataram
Email: muhammad.harfinzuhdi@uinmataram.ac.id
Abstract: Substantially, all Islamic law comes with a mission of benefiting
humans, as the theory of al-mashlahah suggests. This article elaborates
extensively on the theory of al-mashlahah in the discourse of Islamic legal
thought from classical to contemporary times, starting from al-Ghazâli's theory of
al-mashlahah in his book al-Mustashfa to `Izz al-Dîn ibn 'Abd al-Salâm’s concept
of jalb al-manafi wa daf’u al-mafasid (taking benefit, refuting harm) and al-
Shatibi with a comprehensive integralistic approach in his work al-Muwafaqat.
Contemporary Muslim intellectuals, such as Ibn Asyur, Abdul Majid Al-Najjar,
Jamaluddin 'Athiyah and Jasser Auda further develop this theory. This article
finds that there is a continuous dynamic of Islamic legal methods related to the
theory of al-mashlahah, which is used as an argument in the contemporary era,
transforming into maqashid al-shariah. The reform in Islamic law mostly makes
use of the maqashid as the basic paradigm, which covers not only individual but
also social, communal and universal social benefits. In this context, Al-Najar,
'Athiyyah, and Jasser Auda offer new scope and dimensions of maqasid al-
shari'ah theory to answer the problems of contemporary Islamic law.
Keywords: al-mashlahah, maqashid al-shari'ah, classical and contemporary era

Al-Mashlahah and Reinterpretation of Islamic Law 1819
Muhammad Harfin Zuhdi and Mohamad Abdun Nasir
DOI: 10.22373/sjhk.v8i3.24918
http://jurnal.ar-raniry.ac.id/index.php/samarah
Abstrak: Secara substansial, semua hukum Islam hadir dengan misi kemaslahatan
bagi manusia, sebagaimana yang diisyaratkan oleh teori al-mashlahah. Artikel ini
mengelaborasi secara luas teori al-mashlahah dalam diskursus pemikiran hukum
Islam dari masa klasik hingga kontemporer, mulai dari teori al-mashlahah al-
Ghazâli dalam bukunya al-Mustashfa hingga konsep jalb al-manafi wa daf'u al-
mafasid (mengambil manfaat dan menolak mudharat) dari `Izz al-Dîn ibn 'Abd
al-Salâm dan al-Shatibi dengan pendekatan integralistik yang komprehensif
dalam karyanya al-Muwafaqat. Para intelektual Muslim kontemporer, seperti
Ibnu Asyur, Abdul Majid Al-Najjar, Jamaluddin 'Athiyyah dan Jasser Auda
mengembangkan lebih lanjut teori ini. Artikel ini menemukan bahwa terdapat
dinamika yang terus menerus dalam metode hukum Islam terkait dengan teori al-
mashlahah yang digunakan sebagai argumen di era kontemporer yang
bertransformasi menjadi maqashid al-syariah. Pembaharuan dalam hukum Islam
sebagian besar menggunakan maqashid al-syari’ah sebagai paradigma dasar,
yang tidak hanya mencakup kemaslahatan individu tetapi juga kemaslahatan
sosial, komunal, dan universal. Dalam konteks ini, Al-Najar, 'Athiyyah, dan
Jasser Auda menawarkan cakupan dan dimensi baru dari teori maqashid al-
syari'ah untuk menjawab permasalahan hukum Islam kontemporer.
Kata Kunci: al-mashlahah, maqashid al-syari'ah, era klasik dan kontemporer
Introduction
Etymologically, al-mashlahah comes from the root of al-salâh, which
means goodness and benefit. Al-mashlahah is in singular form, while the plural
form is al-masâlih. It shows the notion of something that contains a lot of
goodness and benefits. Meanwhile, the opposite of it is al-mafsadah, which means
something that has a lot of bad things.
1
Al-mashlahah can be interpreted as taking
advantage and rejecting harm to maintain the goals of Islamic law. The purpose
of the law includes the maintenance of religion, soul, mind, lineage and property.
Therefore, realizing those goals is called al-mashlahah and rejecting all forms of
harm that endanger human benefit can also be called as al-mashlahah.
2
Most
Muslims jurists discuss it in their work.
For example, al-Ghazali emphasized that a benefit must be the same as
sharia goals, even if it conflicts with human goals, because human benefit is not
always based on sharia but on the wish of lust. Therefore, what is used as a
benchmark in determining benefit is the wish and the goal of Islamic law, not the
wish and the goal of humans. Therefore, the benefit of establishing a law must
involve some points: First, al-mashlahah is the same as the sharia action types.
Second, al-mashlahah does not leave or contradict the sharia texts. Third, al-
1
Manzhûr, I. Lisân al-‘Arab. 5th edn. Qāhirah: Dār al-Ḥadīth.Mas’ud, M.K. (1989) Islamic
Legal Philosophy: A Study of Abu Ishaq al-Shatibi’s Life and Thought. Delhi: International
Islamic Publishers Lisân Al-‘Arab 2003.
2
Al-Gazâli, Al-Mustasfa Min ‘Ilm Al-Usûl.

Al-Mashlahah and Reinterpretation of Islamic Law 1820
Muhammad Harfin Zuhdi and Mohamad Abdun Nasir
DOI: 10.22373/sjhk.v8i3.24918
http://jurnal.ar-raniry.ac.id/index.php/samarah
mashlahah is included in the category of al-mashlahah al-dharuri, both
concerning personal and public benefit and universal, that is, it applies equally to
everyone.
3
While Imam Syâtibî states that al-mashlahah is an understanding of the
protection of human rights by attracting benefit and rejecting damage.
4
Ibn 'Âsyûr
stated that al-mashlahah is the nature of an action that produces a continuous
benefit and is determined based on the opinion of the majority of ulama.
5
According to Sa'îd Ramadlân al-Bûthî, al-mashlahah can be defined as benefits
intended by Allah for the benefit of His servants, whether in the form of
maintenance of religion, soul, mind, lineage, and property.
6
Therefore, al-
mashlahah has a significant relationship with sharia.
7
Such discourse on al-mashlahah amongst Muslim jurists shows that it
occupies every debate in Islamic legal thought. This article will discuss the
formulation of the theory of al-mashlahah, which is the core and estuary of
maqasid al-shari’ah (goals and ideals of Islamic law), as a paradigm of Islamic
legal thought in responding to various issues of Islamic law in the contemporary
context. We argue that al-mashlahah serves the key concept that provides a wider
space and flexibility for Islamic legal thought to respond and resolve problems
and issues that Muslims face in contemporary world. It is through the concept of
al-mashlahah that Islamic law can maintain its relevance to any situation, time
and place in human’s history.
This study is based on the library research that focuses on the concept of
al-mashlahah. Library research is an effort to study various reference books and
the results of previous research of the same or similar theme which serve the main
data regarding the topic under investigation. The main data are collected from the
primary sources of the Muslim jurists’ works on al-mashlahah and related
concepts, such as maqashid al-sharia. The sources are not limited to the classical
and medieval works, but also cover to contemporary references. These sources
include al-Mustasfa min ‘Ilm al-Usûl, al-Muwâfaqât fi Usûl al-Syarî‘ah, Qawâ‘id
al-Ahkâm fi Masâlih al-Anâm, I’lam al-Muwaqqi’în ‘an Rabb al-‘Âlamîn,
Dawâbith Mashlahah fî syarî’ah al-Islâmiyyah, Maqâsid al-Syarî‘ah al-
Islâmiyyah wa Makârimuha, al-Ijtihâd bain al-Nashs, wa al-Mashlahah wa al-
Wâqi‘, Maqâshid al-Syarî’ah al-Islâmiyyah, Islamic Legal Philosophy: A Study
of Abu Ishaq al-Shatibi’s Life and Thought.
The collected data are then analyzed to gain the insight on how the concept
of al-maslahah was formulated in the first place and then how this concept has
3
Al-Gazâli.
4
Al-Syâtibi, Ibrahîm bin Mûsa Abu Ishâq, al-I’tishâm. 2nd ed. Beirut: Dâr al-Ma’rifah, n.d
5
’Âsyûr, Maqâshid Al-Syarî’ah Al-Islâmiyyah.
6
Al-Bûthî, Muhammad Sa’îd Ramadlân. Dawâbith Mashlahah Fî Syarî’ah Al-Islâmiyyah.
Beirut: Muassasah al-Risâlah, 1990
7
Al-Jauziyyah, Ibnu Qoyyim, I’lam al-Muwaqqi’în ‘an Rabb al-‘Âlamîn. 2nd edn. Beirut:
Dâr al-Fikr, 1997)

Al-Mashlahah and Reinterpretation of Islamic Law 1821
Muhammad Harfin Zuhdi and Mohamad Abdun Nasir
DOI: 10.22373/sjhk.v8i3.24918
http://jurnal.ar-raniry.ac.id/index.php/samarah
been contended amongst the Muslim jurists in the subsequent period up to the
present time. Such dynamic conceptual debates reveals that al-mashlahah is not
closed notion but is open to reinterpretation, as we want to enrich the debates.
The Qualification and the Existence of Al-Mashlahah
Muhammad Khalid Mas'ud, in his book Islamic Legal Philosophy, said
five trends of attitude came up about the concept of al-mashlahah before Syatibi.
First, it was begun by Imam al-Haramain al-Juwaini (438/1047) when he wrote
al-Burhan, in which the al-mashlahah method became controversial. Many
Syafi’iyah Ulama and some mutakallimun at that time said that al-mashlahah
could only be accepted if there is the introductory text of syara'. It may not be
used if al-mashlahah is controversial with the introductory text of syara'.
8
The second trend that came up about the concept of al-mashlahah was
represented by the experts of law who rejected al-mashlahah mursalah, such as
Syaifuddin al-Amidi (631/1234) and Ibn Hajib (646/1249). In rejecting al-
mashlahah, they are more leaning toward the argument of al-Ghazali than al-Razi,
namely al-mashlahah can only be justified if the introductory text of syara'
supports the argument (textually supported).
9
The third trend that emerges can be
seen from the thoughts of Al-'Izz Ibn 'Abd al-Salam, who, in looking at al-
mashlahah, tends to think of tasawwuf. It is said to tend to tasawwuf thought
because he divides al-mashlahah into two points: (a) mundane- which can be
known as 'aqliy, and (b) uhkrawiy- which can only be known as naqliy. About
knowledge of al-mashlahah, he divides it into several levels. The lowest is the
knowledge of ordinary people, followed by the higher knowledge of adzkiya (wise
people), followed by the highest knowledge of awliya' and ashfiya.'
The fourth trend is represented by Ibn Taymiyyah (728/1328) and his
student, Ibn al-Qayyim al-Jawziyyah (751/1350). According to Ibn Taymiyyah,
if there is an al-mashlahah that people think has no basis in the text of syara', then
there are only two possibilities for that al-mashlahah: (a) there must be a text that
the person does not know, or (b) it is not al-mashlahah. In other words, Ibn
Tayimiyyah considers all al-maslahah to exist in nushush al-syar'iyyah, and all
God's commands benefit.
The fifth trend is put forward by Najmuddin al-Thufi an Ulama of Hanbali,
also often said to be Shi'iy, who says that al-mashlahah is a very fundamental
basis so that it can beat other methods. Najmuddin al-Thufi's opinion became
extraordinary at that time and even today because it collided with the mainstream
thought of the majority.
After that, Syatibi appeared with his monumental work in the al-
mashlahah field with his book al-Muwafaqat. In his book as seen from Syatibi's
confession about the reason for writing it, he tries to bring together two schools
8
Mas’ud, Islamic Legal Philosophy: A Study of Abu Ishaq Al-Shatibi’s Life and Thought.
9
Mas’ud, Islamic Legal Philosophy: A Study of Abu Ishaq Al-Shatibi’s Life and Thought.

Al-Mashlahah and Reinterpretation of Islamic Law 1822
Muhammad Harfin Zuhdi and Mohamad Abdun Nasir
DOI: 10.22373/sjhk.v8i3.24918
http://jurnal.ar-raniry.ac.id/index.php/samarah
which are often seen as contradictory to one another: ahl al-hadith (Maliki school)
and ahl al-ra'y (Hanafi school). At that period, Syatibi's residence was dominated
by the Maliki school of thought, which became the state's official school of
thought and greatly alienated the Hanafi school of thought Ulama. from such a
phenomenon, Syatibi, who belongs to the Maliki school of thought, tried to
overcome the sharp gap in the conflict between the two schools with his work.
The history of al-mashlahah does not just stop, because it continues to
experience a formulation process that is more concrete and 'applicable'. For
example, in 1857, along with the movement for legal reform in Tunisia, a
document called 'Ahd al-Aman' appearedwhich later became a very fundamental
legal instrument in the 1860 Constitution. This document stated that there were
three components of the problem: liberty (independence, freedom), security
(security), and equality (equality). In 1867, Khayruddin Pasha in his work Aqwam
al-Masalik said that mashlahah must be the supreme guide of the government. In
1899, Muhammad 'Abduh emphasized that al-mashlahah must be the principle
guiding the establishment of law. In 1906, al-Manar magazine published al-
Tufiy's work on al-mashlahah which was very radical and controversial, so Zahid
al-Kawthari immediately criticized it.
The history of al-mashlahah theory in the modern era tends to strengthen
al-mashlahah as a method that displaces the "rigidity" of Islamic law and supports
Islamic law that is adaptive to change. Amid such tendencies, some writers also
try to limit the use of the al-mashlahah method again. In 1965, Sa'id Ramadan al-
Buthiy issued his dissertation work at Al-Azhar, Dlawabith al-Mashalahah.
10
In
his dissertation, he began his presentation by mentioning that the orientalists had
started a new model of attack on Islam by advocating the most comprehensive
possible opening of the door of ijtihad and emphasizing that the al-mashlahah
method was a very fundamental method to become a reference. About this issue,
Al-Buthiy said that the door to ijtihad is never closed, and Allah also values
benefit. However, benefits still have limitations and qualifications. The use of the
al-mashlahah method cannot be unlimited because the use of this method is
fenced in by various 'rules of the game', which he said 'dlawabith al-mashlahah'.
The building foundation of Islamic law is represented by al-mashlahah
which is aimed at the interests of human life as servants of Allah, concerning
worldly life and the life hereafter. Islamic law upholds the principles of justice
('adalah), compassion (rahmah), and al-mashlahah. Any rule of law that deviates
from these principles is essentially not part of Islamic law, although
rationalization (ta'wîl) is sought to make it part of it. In addition, Islamic law's
majesty and nobility are manifested in its doctrine's compatibility with the
development of human life because of the spirit of al-mashlahah that drives it.
The existence of al-mashlahah in the building of Islamic law cannot be denied
because al-mashlahah () and al-syarî'ah (  ) have been united and
10
Al-Zarqa’, Al-Istishlah, Wa Al-Mashalih Fi Al-Syari’ah Al-Islamiyah Wa Ushul Al-Fiqh.

Al-Mashlahah and Reinterpretation of Islamic Law 1823
Muhammad Harfin Zuhdi and Mohamad Abdun Nasir
DOI: 10.22373/sjhk.v8i3.24918
http://jurnal.ar-raniry.ac.id/index.php/samarah
merged so that the presence of al-mashlahah necessitates the demands of al-
syarî'ah ()
In-depth research on so many texts of the Qur'an and Hadith has resulted
in a convincing conclusion that the Islamic legal doctrine is always attached to
wisdom and ‘illah, which leads to al-mashlahah, both for society and
individuals.
11
The doctrine of Islamic law applies to both general muamalat (non-
mahdah worship) and mahdah worship. Thus, all areas of law with various legal
norms that the Qur'an and Hadith have outlined originate from and simultaneously
lead to al-mashlahah for human life. This is because Allah does not need
anything, even if it is mahdah worship. Strictly speaking, humans, God's servants,
benefit from al-mashlahah being the foundation of Islamic law.
12
The presence of wisdom and ‘illah in the norms of Allah's law (both in the
form of al-amr and al-nahy) guarantees the existence of al-mashlahah. On the
other hand, the formulation of several legal maxims (al-qawa'id al-syar'iyyah)
rests on the discovery of wisdom and 'illah, which incidentally guarantees the
existence of al-mashlahah. Thus, al-mashlahah is the axis and starting point for
the formulation of al-ahkâm al-syar’iyyah and al-qawa'id al-syar'iyyah.
13
Realizing al-mashlahah is the main goal of Islamic law. In every rule of
law, al-Syâri transmits al-mashlahah so that goodness, benefit, and avoidance of
evil or damage are born, creating prosperity on earth. Al-mashlahah maintains and
pays attention to the objectives of Islamic law in the form of goodness and benefits
that Shari'ah desires, not human desires.
14
The legal norms contained in the texts
(nusûs al-syarî‘ah) can certainly create al-mashlahah, so there is no al-mashlahah
outside of the instructions of the Sharia text; because of that, it is not valid to think
that al-mashlahah must be prioritized if it is contrary to the Sharia texts. Thus, it
can be formulated that the nature of al-mashlahah is the axis of the obstacle, the
axis of circulation and changes in Islamic law, on which the interpretation of the
Shari’ah text can rest on it.
15
The purpose of Allah Ta'ala in determining the al-mashlahah of the legal
legislation that He does is absolute and comprehensive, not limited to certain
cases or objects; al-mashlahah spreads absolutely to all the basic principles and
particular case units of Islamic law.
16
Islamic law is entirely al-mashlahah, whose
representation can be in the form of omission of mafsadah and can also be in the
form of embodiment of al-mashlahah. Strictly speaking, no law contains al-
madarrah but is ordered to stay away from it, and no law contains al-mashlahah
11
’Âsyûr, Maqâshid Al-Syarî’ah Al-Islâmiyyah.
12
Al-Qaradâwi, Yûsuf. Madkhal Li Dirâsat Al-Syarî‘ah Al-Islâmiyyah. Kairo: Maktabah
Wahbah, 2001
13
Al-Fâsiy, ’Allâl. Maqâsid Al-Syarî‘ah Al-Islâmiyyah Wa Makârimuha. Rabat: Maktabah
al-Wihdah al-Arabiyyah, 2013)
14
Al-Rahmân, Al-Masâlih Al-Mursalah Wa Makânatuha Fi Al-Tasyrî‘.
15
Hisân, Nazariyyat Mashlahah Fi Al-Fiqh Al-Islâmiy.
16
Al-Syâtibi, Al-Muwâfaqât Fi Usûl Al-Syarî‘Ah.

Al-Mashlahah and Reinterpretation of Islamic Law 1824
Muhammad Harfin Zuhdi and Mohamad Abdun Nasir
DOI: 10.22373/sjhk.v8i3.24918
http://jurnal.ar-raniry.ac.id/index.php/samarah
but is ordered to make it happen.
17
Considering al-mashlahah is a method of
obtaining legal certainty for a case whose legal status is not determined by text or
al-ijma. Finally, it cannot be denied that al-mashlahah is a provision that contains
goodness for humans.
18
Based on this elaboration, the legal norms contained in the texts can
certainly create al-mashlahah so that there is no al-mashlahah outside the
guidance of the texts, and because of that, the idea that al-mashlahah must be
prioritized if it contradicts the Shariah texts is rejected by itself. There is no place
for consideration of al-mashlahah, which will result in the urgency of the Sharia
texts, which inherently contain al-mashlahah for human life. Strictly speaking,
the al-mashlahah that contradicts the Shari’ah text is not the real al-mashlahah
but the pseudo al-mashlahah. Furthermore, in the context of possible
contradictions in al-mashlahah, if a wider al-mashlahah demands the sacrifice of
a narrower al-mashlahah, then the choice of leaving the narrower al-mashlahah
can be made to achieve this broader al-mashlahah.
19
At the application level, al-mashlahah is manifested in the methods or
arguments of ijtihad to establish laws that are not explicitly confirmed by the
texts, such as al-qiyâs, al-mashlahah al-mursalah, al-istihsân, sadd al-dzarî'ah,
and al- 'urf. Therefore, any method or argument for ijtihad that is based on the
principle of al-mashlahah can be qualified as an effort to explore the content of
the meaning of the Shari’ah text (istidlâl bi al-nusûs al-syar'iyyah).
20
Mohammad Hashim Kamali concluded that the identification of al-
mashlahah as the core of maqâsid al-syarî’ah can be based on: (1) nusûs al-
syarî'ah, especially al-amr and al-nahy, (2) al-’illah and al-wisdom contained in
nusûs al-syarî'ah, and (3) al-istiqrâ'.
21
About the al-mashlahah and ijtihad relations, the term al-ijtihâd al-
istislâhiy is known among Ulama, which is an effort to mobilize all abilities to
obtain Sharia law by applying general-universal legal principles to a problem or
case that is not confirmed by the texts. specifically, which in essence, leads to
realizing al-mashlahah (jalb al-mashlahah) and avoiding or eliminating al-
mafsadah (daf' al-mafsadah), which is in line with the demands of Shariah
17
Al-Salâm, Izz al-Dîn ibn ‘Abd. Qawâ‘id Al-Ahkâm Fi Masâlih Al-Anâm. 1st ed. Kairo:
Maktabat al-Kulliyyât al-Azhariyyah, 1997.
18
Sjadzali, Munawir, Polemik Reaktualisasi Ajaran Islam. Jakarta: Pustaka Panjimas,
1988.
19
Sjadzali, Munawir. Polemik Reaktualisasi Ajaran Islam. Jakarta: Pustaka Panjimas,
1988 .
20
Hisân, Husain Hâmid. Nazariyyat Mashlahah Fi Al-Fiqh Al-Islâmiy. Beirut: Dâr al-
Nahdah al-‘Arabiyyah, 1971
21
Awadin, Adi Pratama, and Asep Taopik Hidayah. “Hakikat dan Urgensi Metode Tafsir
Maudhu’i.” Jurnal Iman dan Spiritualitas 2, no. 4 (December 2022), p. 651–57.
https://doi.org/10.15575/jis.v2i4.21431

Al-Mashlahah and Reinterpretation of Islamic Law 1825
Muhammad Harfin Zuhdi and Mohamad Abdun Nasir
DOI: 10.22373/sjhk.v8i3.24918
http://jurnal.ar-raniry.ac.id/index.php/samarah
principles. This ijtihad model leads to efforts to incorporate law into the domain
of sharia texts.
22
According to Ahmad Fathi Bahnashi, some Islamic jurists of the al-tabi'în
generation turned away from textual applications of sharia texts that are absolute
or general because these applications imply eliminating al-mashlahah. Instead,
they interpret the sharia texts and apply them with the al-mashlahah framework,
even though they give the impression of al-taqyîd or al-takhsîs or al-ihmâl to the
sharia texts.
23
More than that, al-mashlahah, which is general and genuine, supports the
realization of Islamic law's objectives and does not conflict with the texts of
sharia, is a valid basis and frame of reference for Islamic law legislation.
24
Imran
Ahsan Khan Nyazee also expressed the same: Islamic jurists agreed that
mashlahah could be applied as the basic basis of a legal decision, and this al-
mashlahah could be used as a rationale when extending the legal provisions to
new cases. This is the basis of the al-mashlahah doctrine.
25
The concept of al-mashlahah as the core of maqâsid al-sharî’ah is the best
alternative for the development of ijtihad methods, in which the Qur'an and al-
Sunnah must be understood through ijtihad methods by emphasizing the
dimensions of mashlahah.
26
The concept of al-mashlahah is a method for
changing the law. Through this concept, fiqh scholars have a framework for
dealing with legal issues in the legal system based on sharia texts whose postscript
contain limited legal material foundations concerning life affairs, while legal
problems in changing environmental situations and conditions. Thus, the concept
of al-mashlahah provides legitimacy for the new rule of law and allows fiqh
scholars to elaborate on case contexts that are not confirmed by the texts.
Therefore, how much legal change can be achieved by applying the concept of
mashlahah depends on the pattern of al-mashlahah based legal reasoning applied
by fiqh’s Ulama.
27
Yusuf al-Qaradawi emphasized that the substance of al-mashlahah
desired by Islamic law is al-mashlahah which is comprehensive, integral, and
holistic and includes a combination of al-mashlahah al-dunyawiyyah and
22
Madkûr, Muhammad Salâm. Al-Ijtihâd Fi Al-Tasyrî‘ Al-Islâmiy. Kairo: Dâr al-Nahdah
al-‘Arabiyyah, 1984.
23
Al-Hafnâwiy, Muhammad Ibrâhîm Muhammad, Al-Ta‘ârud Wa Al-Tarjîh ‘ind Al-
Usûliyyîn, Dâr al-Wafâ’, 1987
24
Kamali, Mohammad Hashim, “Fiqh and Adaptation to Social Reality.” The Muslim
World 86, no. 1 (1996), p. 72.
25
Nyazee, Imran Ahsan Khan. Theories of Islamic Law: The Methodology of Ijtihad.
Adam Publishers & Distribution, 1996.
26
Bakri, Asafri Jaya, Konsep Maqashid Syari’ah Menurut Al-Syatibi, Jakarta:
RajaGrafindo Persada, 1996.
27
Opwis, Felicitas. “Maslaha in Contemporary Islamic Legal Theory.” Journal Islamic
Law and Society 12, no. 2 (2005), p. 183.

Al-Mashlahah and Reinterpretation of Islamic Law 1826
Muhammad Harfin Zuhdi and Mohamad Abdun Nasir
DOI: 10.22373/sjhk.v8i3.24918
http://jurnal.ar-raniry.ac.id/index.php/samarah
mashlahah al-ukhrawiyyah, a combination of al-mashlahah al-maddiyyah and al-
mashlahah al-rûhiyyah, a combination of al-mashlahah al-fardiyyah and al-
mashlahah al-mujtama'iyyah, a combination of al-mashlahah al-qaumiyyah al-
khâssah and al-mashlahah al-insâniyyah al-'âmmah, and a combination of al-
mashlahah al-hâdirah and al-mashlahah al-mustaqbalah. On this basis, Yusuf al-
Qaradawi emphasized that the concept of al-mashlahah, which animates Islamic
law, cannot be identified with utilitarianism and pragmatism, which postscript
stems from the notion of materialism.
28
Furthermore, Qardawi put forward views on a convincing way to find out
the al-maqâsid al-shari’ah: First, examine each illah (both mansûsah and gairu
mansûsah) in the text of the Al-Qur’an and Hadith. Second, review and analyze
the particular laws to then conclude the ideals of the meaning of the results of the
integration of these particular laws.
29
In this regard, discussing who can judge whether something is al-
mashlahah when carrying out ijtihad becomes very important. Something can be
said to have al-mashlahah domain if it is in line with or not contrary to nusûs al-
syarî'ah, and vice versa; something is not al-mashlahah if it is contrary to nusûs
al-syarî'ah. In this context, the presence of the institution of ijtihad jama'i
(collective ijtihad),
30
such as MUI, Bahtsul Masa'il NU, Muhammadiyah Tarjih
Council, and Persis Hisbah Council, are very significant in eliminating the
possibility of misuse of al-mashlahah arguments or methods by fardiy ijtihâd
activities so that the conception and application of al-mashlahah in the ijtihad
process are avoided from misunderstandings and misunderstandings.
31
Even so,
this does not mean closing the chances of ijtihad fardî tightly.
Al-Mashlahah Categorization
Before we further explain the categorization of al-mashlahah, it is
necessary to state al-Bûthi's views on the criteria for al-mashlahah in assessing
the qualifications of al-mashlahah that are valid according to syar'i. In al-Bûthi's
view, the al-mashlahah criteria include five things, namely (1) something to be
assessed is still within the corridor of the Syara' texts, (2) something that does not
conflict with the Qur'an, (3) it does not contradict with the Sunnah, (4) it does not
conflict to al-qiyâs, and (5) it does not sacrifice other more critical al-
mashlahah.
32
28
Al-Qaradâwi, Madkhal Li Dirâsat Al-Syarî‘ah Al-Islâmiyyah.
29
Al-Qaradhawi, Fiqih Maqashid Syariah: Moderasi Islam Antara Aliran Tekstual Dan
Aliran Liberal.
30
Al-Syarafi, Abd al-Majîd. Ijtihad Kolektif. Edited by Syamsusddin TU. Jakarta: Pustaka
Al-Kautsar, 2001.
31
Zahro, Ahmad, NU Intellectual Tradition: Lajnah Bahtsul Masa’il 1926-1999,
Yogyakarta: LkiS, 2004.
32
Al-Bûthî, Dawâbith Mashlahah Fî Syarî’ah Al-Islâmiyyah.

Al-Mashlahah and Reinterpretation of Islamic Law 1827
Muhammad Harfin Zuhdi and Mohamad Abdun Nasir
DOI: 10.22373/sjhk.v8i3.24918
http://jurnal.ar-raniry.ac.id/index.php/samarah
Muhammad Muslehuddin saw that the categorization of al-mashlahah
with the al-mashlahah al-mu'tabarah trilogy, al-mashlahah al-mulgah; al-
mashlahah al-mursalah must still consider the dimensions of community interests
and social realities that are constantly changing so that Islamic law must move in
line with changes in social reality that occur, which in turn can maintain the
flexibility of Islamic law.
33
On the other thinking, al-Gazâli explained that the first, the al-mashlahah
which received firm justification for the acceptance of the Shari’ah texts (al-
mashlahah al-mu'tabarah), is al-hujjah al-syar'iyyah, and its fruit is al-qiyâs
which contains the meaning of picking the law from the logical-meaning content
of an al-nashs and al-ijma'. The second, the al-mashlahah, gets the firm
justification of the Shari’ah text for its rejection (al-mashlahah al-mulgah), while
the third, according to al-Gazâli, is the al-mashlahah does not get the firm
justification of the Shari’ah text, both for its acceptance and rejection. This
became a field of disagreement among scholars.
34
On the other thinking, al-Gazâli also categorizes al-mashlahah based on
the aspect of its substance strength (quwwatiha fi dzâtiha), in which al-mashlahah
is divided into three, namely (1) al-mashlahah al-darûrât level, (2) al-mashlahah
al-hâjât level, and (3) al-mashlahah al-tahsînat/al-tazyînat level. Each part is
accompanied by a perfecting or complementary al-mashlahah
(takmilah/tatimmah). The maintenance of the five primary objectives/principles
(al-usûl al-khamsah) at the al-darûrât level is the strongest and highest level of
al-mashlahah. The five basic objectives/principles include (1) maintaining
religion (hifz al-dîn), (2) maintaining the soul (hifz al-nafs), (3) maintaining the
mind (hifz al-'aql), (4) maintaining offspring (hifz al-nashl), and (5) maintaining
assets (hifz al-mâl)
35
. Syihâb al-Dîn al-Qarafi further refined Al-Gazâli's view of
al-usûl al-khamsah by adding one more basic objective/principle, namely
maintaining self-respect (hifz al-'ird) even though al-Qarafi himself admitted that
This is the subject of debate among Ulama
36
. This view seems to be quite well-
founded because of the existence of the holy text of Shari’ah, which explicitly
prohibits al-qazf (the act of hurling false accusations of adultery against others)
and criminalizes it at the same time (Q.S. al-Nûr: 4, 23).
While the al-mashlahah al-hâjât level is al-mashlahah at the second level.
The al-mashlahah level of al-tahsînat/al-tazyînat is a al-mashlahah that is not
only at the emergency level but also at the hâjât level. As for al-mashlahah, which
is at the level of al-hâjât and al-tahsînat/al-tazyînat level, it should not be used as
33
Muslehuddin, Muhammad, Philosophy of Islamic Law and The Orientalists, New Delhi:
Markazi Maktaba Islami, 1985.
34
Al-Gazâli, Al-Mustasfa Min ‘Ilm Al-Usûl.
35
Al-Gazâli.
36
Al-Qarafi, Syihâb al-Dîn, Syarh Tanqîh Al-Fusûl Fi Ikhtisâr Al-Mahsûl Fi Al-Usûl,
Mesir: al-Matba’ah al-Khairiyyah, 1889.

Al-Mashlahah and Reinterpretation of Islamic Law 1828
Muhammad Harfin Zuhdi and Mohamad Abdun Nasir
DOI: 10.22373/sjhk.v8i3.24918
http://jurnal.ar-raniry.ac.id/index.php/samarah
an independent basis/foundation for law-making if it is not supported by original
justification because otherwise, it means establishing law with al-ra'yu; so, same
with Istihsân. If the justification of al-asl supports it, it is called al-qiyâs. As for
al-mashlahah at the al-darûrât level, it can be achieved by the mujtahid's ijtihad,
even though specific al-asl justifications do not support it. Efforts to construct al-
mashlahah al-darûrât level as above must fulfill three elements: darûriyyah,
qat'iyyah, and kulliyyah.
37
The distinction of the al-mashlahah version of al-'Izz ibn 'Abd al-Salâm
with two categories (al-mashlahah al-'âmmah and al-mashlahah al-khâssah) was
later followed by several contemporary Islamic law experts. Abû Bakr Ismâ'îl
Muhammad Mîqâ, for example, emphasized that by referring to the boundaries of
al-mashlahah, two categories of al-mashlahah can be distinguished. First, al-
mashlahah al-'âmmah, namely al-mashlahah whose maintenance determines the
good and welfare of the whole community or most of society, without looking at
the individual units of them; Second, al-mashlahah al-khâssah, namely al-
mashlahah whose maintenance determines goodness and welfare that are
individual; from the individual nature this will lead to collective (public) goodness
and welfare.
38
In the thought of Najm al-Dîn al-Tûfi, al-mashlahah is divided into two
types: (1) al-mashlahah that al-Syâri' wants for His rights, such as various
worship services, and (2) al-mashlahah that al-Syâri' wants for good His creatures
and the order of their lives, such as the various forms of mu'amalah.
39
Abû Ishâq al-Syâtibi categorizes al-mashlahah into 3 (three) types,
namely (1) al-darûriyyah, (2) al-hâjiyyah, and (3) al-tahsîniyyah. Furthermore, al-
Syâtibi explained that al-darûriyyah is something that cannot be absent for the
sake of upholding goodness and prosperity, both in matters of the hereafter and
worldly affairs; if it disappears, it does not exist, then an orderly and prosperous
worldly life cannot be realized; In fact, what is manifested is chaotic worldly life
(chaos) and wretched and suffering spiritual life. For al-Syâtibi, al-daruriyyah
includes efforts to preserve religion, protect souls, protect offspring, protect
wealth, and maintain reason.
40
As for al-hajiyyah, in the view of al-Syâtibi, it is needed in terms of its
ability to bring relief and eliminate narrowness, which usually leads to difficulties
and hardships accompanied by missed goals/targets. If al-hajiyyah is ignored,
difficulties will arise, but not to the point of causing damage, which usually occurs
in the case of al-mashlahah al-daruriyyah. The al-hâjiyyah category leads to the
37
Al-Gazâli, Al-Mustasfa Min ‘Ilm Al-Usûl.
38
Mîqâ, Al-Ra’yu Wa Atsaruhu Fi Madrasat Al-Madînah: Dirâsah Manhajiyyah
Tatbîqiyyah Tutsbitu Salâhiyyat Al-Syarî‘ah Li Kulli Zamân Wa Makân.
39
Zaid Zaid, Mustafa, Mashlahah fi al-Tasyrî’ al-Islâmiy wa Najm al-Dîn al-Tûfi. t.tp: Dâr
al-Fikr al-'Arabiy, 1964.
40
Al-Syâtibi, A.I, al-Muwâfaqât fi Usûl al-Syarî‘ah. 2nd edn. Beirut: Dâr al-Kutub al-
‘Ilmiyyah, 1982)

Al-Mashlahah and Reinterpretation of Islamic Law 1829
Muhammad Harfin Zuhdi and Mohamad Abdun Nasir
DOI: 10.22373/sjhk.v8i3.24918
http://jurnal.ar-raniry.ac.id/index.php/samarah
perfection of al-darûriyyah, in which with the upholding of al-hâjiyyah, all al-
masyaqqah will disappear and balance and fairness will be created, so as not to
cause extremism (al-ifrât wa al-tafrît).
41
Al-Tahsîniyyah, in the opinion of al-Syâtibi, is related to paying attention
to good habits and avoiding bad habits based on common sense considerations.
This is often referred to as makârim al-akhlâq. For al-Syâtibi, the existence of al-
tahsîniyyah leads to goodness that complements the principles of al-mashlahah
al-daruriyyah and al-mashlahah al-hâjiyyah; this is because the absence of al-
tahsîniyyah does not damage the affairs of al-darûriyyah and al-hâjiyyah; it only
revolves around efforts to realize beauty, comfort and decency in the servant's
relationship with God and with His fellow creatures.
42
Mashlahah Formulation in the Development of Islamic Law
Ahmad al-Raisûni submitted a proposal for an application model of al-
mashlahah theory in the development of Islamic law. According to Ahmad al-
Raisûni, it is a must to respond to all sharia texts and legal rules with a al-
mashlahah-oriented understanding model (al-fahm al-maslahiy) and an
application model that is also al-mashlahah-oriented (al-tatbîq al-maslahiy). This
is what is called a al-mashlahah-oriented response (al-ta'âmul al-maslahiy ma'a
al-nusûs), which postscript removes responses that assume there are
contradictions between texts and al-mashlahah, and also displaces responses that
assume there are texts that are not al-mashlahah. as assumed by the literalist-
scripturalistic-reductionistic school.
43
In Ahmad al-Raisûni's view, the issues of
al-mashlahah-oriented responses to texts include (1) Qualification of mashlahah
with text parameters; (2) Al-mashlahah-oriented interpretation of the texts (al-
tafsîr al-maslahiy li al-nusûs); and (3) Al-mashlahah -oriented application of texts
(al-tatbîq al-maslahiy li al-nusûs). The following is a description of the ideas
offered by Ahmad al-Raisuni.
The sisterhood of idealism, absolutism, and immutability of Islamic law
implies the postulation that Islamic law originates from Allah Ta'ala. However,
an inalienable characteristic of Islamic law is that the Shari’ah contains general
principles that are meant to be understood as an Islamic ethic and, as such, can
give rise to various interpretations. This is where the Shari’ah can be placed as an
"open texture," a normative structure written in a standard way but open to
interpretation.
44
41
Al-Syâtibi, A.I., al-Muwâfaqât fi Usûl al-Syarî‘ah. 2nd edn. Beirut: Dâr al-Kutub al-
‘Ilmiyyah, 1982.
42
Al-Syâtibi, A.I., al-Muwâfaqât fi Usûl al-Syarî‘ah. 2nd edn. Beirut: Dâr al-Kutub al-
‘Ilmiyyah, 1982.
43
Al-Raisûni, A, al-Ijtihâd: al-Nass, wa al-Wâqi wa al-Maslahâh, Damaskus: Dâr al-Fikr,
2002.
44
Tibi, Tibi, B, Islam Kebudayaan dan Perubahan Sosial, Edited by M.Z. dan Z. Abbas.
Yogyakarta: Tiara Wacana, 1999.

Al-Mashlahah and Reinterpretation of Islamic Law 1830
Muhammad Harfin Zuhdi and Mohamad Abdun Nasir
DOI: 10.22373/sjhk.v8i3.24918
http://jurnal.ar-raniry.ac.id/index.php/samarah
Al-Mashlahah Formulation in Answering Contemporary Legal Problems
Studying maqasid al-shari'ah will prevent one from escaping the
terminology of al-mashlahah and al-mafsadat. Maqasid al-shari'ah has a
relationship with benefit, al-Juwaini uses the term general benefit (al-mashlahah
al-'ammah) to explain maqasid al-syari'ah so that the two terms are
interchangeable (Prihantoro, 2017). Al-Ghazali also considers that maqasid al-
shariah is the same as al-mashlahah al-mursalah with its three levels: dharuriyah,
hajiyah and tahsiniyah, as mentioned above, likewise with al-Tufi, al-Qarafi and
Jasser Auda who with different wording stated that maqasid al-shari'ah is the
same as al-maslahah (Auda, 2017).
Maqasid al-shari'ah, as a new approach in the ijtihad process, is an effort
to make adjustments between text and context (the dynamics of human life). The
emphasis of this maqasid al-shari'ah approach lies in resolving a legal issue by
looking for the intention of Shara', which has no specific text, which can be done
through various methods in ijtihad (Jamaa, 2011).
Maqashid al-shari'ah is closely related to al-mashlahah so that it can be a
unified theory that is interrelated and mutually reinforcing as an answer to the
problem of the tug of war between the authority of the text, the independence of
reason, and the demands of reality. The theory of al-mashlahah and maqashid al-
shari'ah received severe attention from Muslim intellectuals by developing,
expanding the reach, and contextualizing the two methods to answer
contemporary Islamic law problems.
The development referred to here includes addition, expansion, detailing,
systematization, and contextualization. Departing from this notion of
development, the notion of maqâsid al-syarî`ah, which by classical scholars is
limited to only at the level of al-kulliyyah al-khamsah, can be added, expanded,
further detailed and contextualized. This development aims to accommodate the
times, clarify the benefits or rights in a particular segment, and clarify the
relationship between each segment and other segments to avoid overlap between
one benefit and other benefits.
The development of the notion of al-maslahah/maqâsid al-syarî`ah, for
example, was carried out by progressive Muslim intellectuals, by Jamâl al-
Din`Athiyyah by clarifying the segment of al-mashlahah /maqâsid al-sharî`ah
into four kinds: individual segment (majâl al-fard), family segment (majâl al-
usrah), people segment (majâl al-ummah), and humanity segment (majâl al-
insân).
45
In his book Nahw Taf’il Maqâsid al-Shari’ah, Jamal al-Din Athiyyah
metamorphosed the concept of maqâsid al-shari’ah by describing maqâsid al-
shari’ah into four domains or dimensions, namely:
45
‘Athiyyah, Jamal al-Din, Nahwa Taf`iil Maqashid Al-Syari`ah, Damaskus: Dar al-Fikr,
2001.

Al-Mashlahah and Reinterpretation of Islamic Law 1831
Muhammad Harfin Zuhdi and Mohamad Abdun Nasir
DOI: 10.22373/sjhk.v8i3.24918
http://jurnal.ar-raniry.ac.id/index.php/samarah
1. maqâsid al-shari’ah in the individual realm/dimension.
In maqâsid al-shari’ah 'ah relating to this individual realm, he
divides it into hifz al-nafs (preserving the soul), i'tibar al-'aql (empowering
the intellect), hifz al-tadayyun (maintaining religion), hifz al-'ird
(maintaining self-respect/honor), hifz al-mal (maintaining property).
2. Maqâsid al-shari’ah in the realm/dimension of the family.
Includes tanzim al-'alaqah baina al-jinsain (regulating relations
between two types of men and women), hifz al-nasl (maintaining
offspring/breeding), tahqiq al-sakinah wa al-mawaddah wa al-rahmah
(realizing a sense of tranquility, love, and affection), hifz al-nasab
(maintaining lineage), hifz al-tadayyun fi al-usrah (maintaining religion in
the family), tanzim al-janib al- mu'assasi li al-usrah (regulating essential
aspects in the family), tanzim al-janib al-mali (regulating finance/finance
in the family).
3. Maqâsid al-shari’ah in the realm/dimension of ummah.
Includes al-tanzim mu'assasi li al-ummah (regulating the
organization of the ummah), hifz al-amn (maintaining security stability),
hifz al-'adl (maintaining justice), hifz al-din wa al-akhlaq (maintaining
religion and ethics), al-ta'awun wa al-tadamun wa al-takaful (establishing
cooperation, solidarity and togetherness), nashr al-'ilm wa hifz al-'aql al-
ummah (spreading knowledge and maintaining the minds of the people),
imarahal-ard wa hifz tsarwah al-ummah (building the world and
maintaining the welfare of the people).
4. Maqâsid al-shari’ah in the realm/dimension of humanity.
Includes al-ta'aruf wa al-ta'awun wa al-takamul (knowing each
other, cooperating and integrating), tahqiq al-khilafah al-'ammah li al-
insan fi al-ard (realizing the succession of god's duties in general for
humans on earth), this al-salam al-'alami al-qaim 'ala al-'adl (realizing
peace on earth based on justice), al-himayah al-dauliyah li al-huquq al-
insan (protecting human rights universally), nashr da'wah al-Islam
(spreading the message of Islam).
46
In this context, it can be seen that the classification of maqâsid al-shari’ah,
according to Jamaluddin al-'Athiya, starts with the most private circle, namely
individual maqasid, then increasingly extends to the scope of the family
dimension. After that, maqâsid al-shari’ah is expanded again with the dimension
of the community, and the most global is maqâsid al-shari’ah in the dimension
of humanity. These four segments are based on the conditions of modern times,
which are different from those of classical times. In classical times, the
formulation of maqâsid al-shari’ah is limited to al-kulliyyah al-Khaimah, which
means more on protecting jamâ`ah/people.
46
‘Athiyyah, Jamal al-Din, Nahwa Taf`iil Maqashid Al-Syari`ah, Damaskus: Dar al-Fikr,
2001

Al-Mashlahah and Reinterpretation of Islamic Law 1832
Muhammad Harfin Zuhdi and Mohamad Abdun Nasir
DOI: 10.22373/sjhk.v8i3.24918
http://jurnal.ar-raniry.ac.id/index.php/samarah
Here, it can be seen that the classification of maqâsid al-shari’ah,
according to Jamal al-Din 'Athiyyah, starts with the most private circle, namely
individual maqâsid, then expands to the scope of maqâsid, which begins to
expand, namely the family dimension. After that, maqâsid is expanded again with
the dimension of the community, and the most global is maqâsid in the dimension
of humanity. 'Athiyah's view is motivated by the humanitarian crisis and the lack
of methods to solve it. This humanitarian crisis is experienced by almost all
countries in the world, including Muslim-majority countries. The high rate of
poverty, lack of education, unemployment, security, economic equality, and
social welfare are unequal.
47
Abdul Majid al-Najjar, a Muslim intellectual from Tunisia, also put
forward the formulation of al-mashlahah / maqâsid al-shari’ah in a modern
context. According to Al-Najjar, maqâsid al-shari’ah is the purpose (al-ghayah)
of the enactment of Islamic law both at the universal and particular levels by
classifying maqâsid al-shari’ah into four objectives, namely protecting the value
of human life (hifzh qimat al-hayah al-insaniyyah), protecting human essence
(hifzh al-dzat al-insaniyyah), protecting society (hifzh al-mujtama') and
protecting the physical environment (hifzh al-muhith al-maddi).
48
Furthermore,
al-Najjar also emphasizes that all of these objectives are based on and lead to the
universal objectives of sharia (maqasid al-shari'ah al-kulliyah). It also shows al-
Najjar's efforts to make the orientation of maqâsid al-shari’ah from benefits that
tend to be partial-individual to universal-social benefits. This is evidenced by the
results of his research that the maqâsid al-shari’ah initiated by al-Najjar shows a
correlation and congruence with human rights.
49
Furthermore, the development of al-mashlahah theory in the
contemporary era was carried out by Jasser Auda by developing the maqâsid al-
shari’ah theory as a philosophical foundation in the application of Islamic law.
Jasser Auda uses maqâsid al-shari’ah as the philosophical starting point of his
thinking by using a systems approach as a method of thinking and a knife of
analysis. It is a new approach that has never been thought to be used in Islamic
legal discourse before. Jasser Auda uses six system features as an analytical knife
in dissecting Islamic law. The six features are the cognition dimension of religious
thought, wholeness, openness, interrelated hierarchy, multidimensionality, and
purposefulness.
50
47
Busriyanti, Maqasid al-Syari’ah dalam Penegakkan Hukum Lalu Lintas di Indonesia"
Al-Istinbath: Hukum Jurnal Islam, Vol. 6, No. 1, 2021, p. 79-84. DOI:
http://dx.doi.org/10.29240/jhi.v6i1.2470.
48
Al-Najjar, Abdul Majid, Maqāṣid al-Sharī‘ah bi Ab’ād al-Jadīd, Beirut: Dār al-Gharb
al-Islāmī, 2008.
49
Syihab, Zahwa, “The Innovation Of Al-Najjar’s Thought In Maqasid Al-Shari’ah,
Mimbar Agama dan Budaya, Vol 38, No 1, 2021, p. 18-34. DOI: 10.15408/mimbar.v38i1.23375.
50
Auda, J, “Maqasid Al-Shariah as Philosophy of Islamic Law: A Systems Approach’, The
International Institute of Islamic Thought, 2017.

Al-Mashlahah and Reinterpretation of Islamic Law 1833
Muhammad Harfin Zuhdi and Mohamad Abdun Nasir
DOI: 10.22373/sjhk.v8i3.24918
http://jurnal.ar-raniry.ac.id/index.php/samarah
Jasser Auda proposes three concepts of maqâsid al-shari’ah reform from
a contemporary perspective, namely: First, the reform of maqâsid al-shari’ah,
which was initially nuanced in preservation and preservation, towards maqâsid
al-shari’ah which is characterized by the development and glorification of human
rights. Jasser Auda even suggests that the development of human resources (HR)
is one of the main themes for the benefit of the people today. The implication of
this reform concept is to adopt the concept of human resource development so
that the level of realization of maqâsid al-shari’ah can be measured empirically
by taking measures from various human resource development targets according
to the United Nations (UN) agreement (ijma'). Second, Jasser Auda offers the
levels of authority of the latest Islamic legal arguments and sources, including
human rights, as a basis for compiling a typology of contemporary Islamic legal
theory.
Based on Auda's view, it can be formulated that the formulation of
classical maqâsid al-shari’ah towards contemporary maqâsid al-shari’ah is
characterized by a change in orientation from classical maqâsid al-shari’ah which
is “protection” (protection) and “preservation” (preservation) towards maqâsid
al-shari’ah which is “development” (development) and “right” (freedom) can be
described in the following table:
Classical Meaning
Contemporary Meaning
Hifzhu al-Diin (Guarding the
Religion)
Providing freedom and respect for
beliefs
Hifzh al-Nafs (Safeguarding Soul)
Being the protection of human rights
and human dignity
Hifzh al-‘Aql (Guarding the Intellect)
Being the development of scientific
thinking and research
Hifzh al-Nasl (Preserving Progeny)
Being a concern for the development
of the role of family institutions
Hifzh al-Maal (Protecting Wealth)
Being economic development and
equalizing welfare levels
Based on this table, the development of classical maqâsid al-shari’ah
carried out by Jasser Auda towards contemporary maqâsid can be seen. The
development of maqâsid al-shari’ah by Auda is inseparable from the background
of his thinking, which considers that the current humanitarian condition of
Muslims is very concerning, so it requires human development as the primary
goal of maqâsid al-shari’ah itself.
Suppose classical maqashid is more of a preventive effort. In that case,
Jasser Auda's contemporary maqâsid al-shari’ah is more about developing and
protecting human rights based on the needs and problems experienced by
Muslims today. Then, if the classical maqâsid al-shari’ah is more individual, this

Al-Mashlahah and Reinterpretation of Islamic Law 1834
Muhammad Harfin Zuhdi and Mohamad Abdun Nasir
DOI: 10.22373/sjhk.v8i3.24918
http://jurnal.ar-raniry.ac.id/index.php/samarah
contemporary maqâsid al-shari’ah prioritizes the social aspects of society. This
is because whatever the efforts of a law to prevent violations, if human resources
(HR) are not developed, then the effort is less effective or even futile, especially
when faced with the development of this increasingly modern era where there are
no longer boundaries between regions about technology and information that have
an impact on the socio-cultural life of humanity.
Therefore, the law in this case, including Islamic law, must adapt to the
times without leaving the existing rules of Islamic law. For example, one of the
efforts of Islamic law to protect property from theft is the law of hand cutting or
imprisonment and so on. However, more than that, equalizing the level of welfare
and education will be more effective in tackling theft.
The reality of contemporary social problems then affects the mindset of
Muslim intellectuals in modernizing maqâsid al-shari’ah thinking so that it
appears in their thinking that the concept of maqâsid al-shari’ah based on al-
mashlahah is no longer individualistic but already generalistic. This means
expanding the scope of maqâsid al-shari’ah orientation from benefits that tend to
be partial-individual to universal-social benefits so that it can touch the
fundamental issues of modern society so that maqâsid al-shari’ah in this
contemporary era must also involve policymakers, in this case, the government.
In the context of Islamic teachings, the government is obliged to fulfill its people's
rights reasonably. The state must be able to guarantee the safety and welfare of
its citizens for the realization of the public good. This is by rules of jurisprudence
(qaidah fiqh): 

 
 

“The policy of an imam leader or leader towards the people he leads must
be based on the common good”
51
In realizing the theory of maqâsid al-shari’ah based on al-maslahah in the
contemporary context, it is necessary to raise a new variant of al-mashlahah that
focuses on examining this aspect and then bringing it to an applicative level in the
framework of creating harmonious Muslim and non-Muslim relations. It is all so
that Islamic law can honestly dialogue with social demands and realities. Such as
the concept of hifzh al-din in the contemporary context can be interpreted with
haq al-tadayyun, namely the right to practice religion in peace and security.
52
According to Ibn 'Ashur, the concept of maqâsid al-shari’ah is general
and aims to maintain humanity's life system by realizing goodness in all aspects
of life, including realizing equal rights. In the ontext of hifz al-din, the concept of
al-huriyyah includes hurriyat al-tadayyun (freedom of religion). Furthermore, Ibn
'Ashur said that preserving religion for the entire nation is to avoid everything that
would cancel the principles that religion adheres to, such as wanting everyone to
embrace one religion and imposing certain religious teachings is a violation of the
51
Zuhdi, Muhammad Harfin, Qawa'id Fiqhiyyah. Mataram: Elhikmah, 2022.
52
‘Athiyyah, Nahwa Taf`iil Maqashid Al-Syari`ah.

Al-Mashlahah and Reinterpretation of Islamic Law 1835
Muhammad Harfin Zuhdi and Mohamad Abdun Nasir
DOI: 10.22373/sjhk.v8i3.24918
http://jurnal.ar-raniry.ac.id/index.php/samarah
principle of al- hurriyah, disturbing other religions is a violation of the principle
of samāḥah.
Similarly, Abdul Majid al-Najjar, a contemporary Muslim thinker from
Tunisia, states that high al-din in this context is interpreted as maintaining human
values and humanizing humans. Freedom of religion is part of respecting human
values and humanizing humans, which are human rights.
53
For An-Najjar, the
concept of maqâsid al-shari’ah must be classified more comprehensively and
firmly emphasize the human and humanitarian aspects.
54
In this regard, he argues
that modern human civilization is heading towards an acute crisis that can threaten
human destruction and extinction, namely the environmental crisis. Therefore,
protecting the environment (hifzh al-bi'ah) should be included in the category of
primary objectives of sharia (maqshad min maqâsid al-shari’ah al-
dharuriyyah).
55
Protecting the environment in the modern context is significant in
actualizing the maqâsid al-shari’ah concept. Yusuf Al-Qaraḍhawy used the term
hifzh al-bīʻah to consider when formulating his concept of environmental fiqh.
Furthermore, al-Qaradhawy stated that protecting the environment (hifzh al-
bīʻah) is the same as protecting the soul (hifzh al-nafs), protecting the mind (hifzh
al-'aql), protecting offspring (hifzh al-nasal), and protecting property (hifzh al-
māl). The rationality is that if the aspects of the soul, intellect, offspring, and
property are damaged, human existence in the environment becomes tarnished.
56
The construction of the maqâsid al-shari’ah paradigm based on al-
mashlahah in a modern context is oriented to deal with increasingly complex
contemporary problems by combining classical applicable fiqh methodology with
current realities and problems. This is referred to as the maqâsidi manhaj, where
religious texts (divine revelation), al-Qur'an, and hadith must be understood in
their intrinsic relational relationship with universal moral ideals (general
principles), between authentic meaning (original meaning) and specific legal that
is particular and temporal, so that the formulation of the Qur'anic worldview
(Qur'anic Weltanshaung) is moderate and not dry and rigid (a dry legalism).
57
In a contemporary context, the al-mashlahah theory can be applied to
answer contemporary legal problems with no explicit nass confirmation.
Considering al-mashlahah theory, jalb al-mashalih wa daf'u al-mafasid can
answer these legal problems. In this regard, DNA as a medium for determining
nasb can be used as an illustration. According to Yusuf al-Qaradhawi, in
determining the law whether or not the use of DNA tests is permissible for efforts
53
Al-Najjar, Maqāṣid Al-Sharī‘Ah Bi Ab’Ād Al-Jadīd.
54
Masrifah and Firdaus, “The Framework of Maslahah Performa as Wealth
Management System and Its Implication for Public Policy Objectives.”
55
Al-Najjar, Maqāṣid Al-Sharī‘Ah Bi Ab’Ād Al-Jadīd.
56
Al-Qaradâwi, Madkhal Li Dirâsat Al-Syarî‘ah Al-Islâmiyyah.
57
Amin Abdullah, Islamic Studies Di Perguruan Tinggi: Pendekatan Integratif
Interkonesktif.

Al-Mashlahah and Reinterpretation of Islamic Law 1836
Muhammad Harfin Zuhdi and Mohamad Abdun Nasir
DOI: 10.22373/sjhk.v8i3.24918
http://jurnal.ar-raniry.ac.id/index.php/samarah
to determine the nasab of mula'anah children, he tends to use the istishlahiyah
method, which is a method of finding the law by relying on the general
propositions of the Qur'an and Hadith and looking at the al-mashlahah side of the
case being sought. In another sense, the istishlahiyah method is a form of
reasoning that relies on consideration of the benefit of the purpose of the
legislation, such as using DNA tests to identify the nasab of mula'anah children.
This method is used because DNA testing is a new issue, and there is no detailed
study in the Qur'an or hadith.
58
The essential values of al-mashlahah as maqâsid al-shari’ah can be used
to formulate the present economy in production, consumption, distribution, fiscal
policy, finance, financial institutions, and so on. The Qur'an and hadith, as
shariʻah texts, have primarily determined the general principles in economic
activities to create an equitable economic structure on the values of balance and
prosperity without elements of exploitation, where shariʻah functions as a
controller and regulator. In this context, the presence of sharia banks, sharia
banking products, waqaf with cash and so on can be used as examples of Islamic
law formulation in the contemporary context.
Conclusion
The main objective of Islamic law is to realize the welfare of human life.
In this context, 'al-mashlahah' refers to the concept of public interest or benefit,
while 'maqâsid al-syarî'ah' refers to the objectives of Islamic law. It can be said
that al-mashlahah is the estuary of maqâsid al-syarî`ah, forming a unified,
interrelated, and mutually reinforcing theory. The theory of al-mashlahah and
maqâsid al-syarî`ah has received serious attention from Muslim intellectuals.
They have developed, expanded the scope, and contextualized these concepts to
address the problems of contemporary Islamic law. The development referred to
here is addition, expansion, systematization, and contextualization. Departing
from this understanding of development, the understanding of maqâsid al-
syarî`ah, which by classical scholars is limited to only the level of ushul al-
khamsah (maintaining religion, soul, mind, descendants, property) and the
hierarchy of al-mashlahah consisting of dharuriyat, and hajiyat, tahsiniyat can
be developed and expanded in scope and contextualized. The purpose of this
development is to accommodate the development of the times, clarify the
existence of welfare in certain segments, and clarify the relationship between
each segment and other segments so that overlapping between one welfare and
another can be avoided. Based on the development and dynamics of the times,
in the contemporary era, the paradigm of maqâsid al-syarî`ah welfare needs to
be formulated to develop wider-scope welfare. This means making the
58
Fahmi and Fahmi, “Penetapan Nasab Anak Mulā’anah Melalui Tes DNA (Studi Atas
Metode Istinbāt Yūsuf Al-Qaradāwī).”

Al-Mashlahah and Reinterpretation of Islamic Law 1837
Muhammad Harfin Zuhdi and Mohamad Abdun Nasir
DOI: 10.22373/sjhk.v8i3.24918
http://jurnal.ar-raniry.ac.id/index.php/samarah
orientation of maqâsid al-syarî`ah welfare from partial-individual welfare to
universal social welfare. In this context, Al-Najar, 'Athiyyah, and Jasser Auda
appear to offer a new scope and dimension of the maqâsid al-syarî`ah theory to
answer the problems of contemporary Islamic law. For example, in the context
of hifzh al-din, its meaning can be expanded to become haq al-tadayyun, namely
religious freedom to respect humanitarian values in Human Rights. Even Jasser
Auda proposed a system theory approach in maqâsid al-syarî`ah using six
system features: cognitive nature, interconnectedness, integrity, openness, multi-
dimensionality, and meaningfulness. The construction of maqâsid al-syarî`ah
based on al-mashlahah in a modern context, is oriented towards facing
increasingly complex contemporary problems by combining classical and
contemporary ushul fiqh methodology with contemporary realities and problems
to realize the benefits of Islamic law for humanity and mercy for the universe.
References
Journals and Books
‘Athiyyah, Jamal al-Din, Nahwa Taf`iil Maqashid Al-Syari`ah, Damaskus: Dar
al-Fikr, 2001.
’Âsyûr, Maqâshid Al-Syarî’ah Al-Islâmiyyah.
Al-Bûthî, Muhammad Sa’îd Ramadlân. Dawâbith Mashlahah Fî Syarî’ah Al-
Islâmiyyah. Beirut: Muassasah al-Risâlah, 1990
Al-Fâsiy, ’Allâl. Maqâsid Al-Syarî‘ah Al-Islâmiyyah Wa Makârimuha. Rabat:
Maktabah al-Wihdah al-Arabiyyah, 2013)
Al-Gazâli, Al-Mustasfa Min ‘Ilm Al-Usûl.
Al-Hafnâwiy, Muhammad Ibrâhîm Muhammad, Al-Ta‘ârud Wa Al-Tarjîh ‘ind
Al-Usûliyyîn, Dâr al-Wafâ’, 1987
Al-Jauziyyah, Ibnu Qoyyim, I’lam al-Muwaqqi’în ‘an Rabb al-‘Âlamîn. 2nd edn.
Beirut: Dâr al-Fikr, 1997.
Al-Najjar, Abdul Majid, Maqāṣid al-Sharī‘ah bi Ab’ād al-Jadīd, Beirut: Dār al-
Gharb al-Islāmī, 2008.
Al-Qaradâwi, Yûsuf. Madkhal Li Dirâsat Al-Syarî‘ah Al-Islâmiyyah. Kairo:
Maktabah Wahbah, 2001
Al-Qaradhawi, Fiqih Maqashid Syariah: Moderasi Islam Antara Aliran Tekstual
Dan Aliran Liberal.
Al-Qarafi, Syihâb al-Dîn, Syarh Tanqîh Al-Fusûl Fi Ikhtisâr Al-Mahsûl Fi Al-
Usûl, Mesir: al-Matba’ah al-Khairiyyah, 1889.
Al-Rahmân, Al-Masâlih Al-Mursalah Wa Makânatuha Fi Al-Tasyrî‘.
Al-Raisûni, A, al-Ijtihâd: al-Nass, wa al-Wâqi wa al-Maslahâh, Damaskus: Dâr
al-Fikr, 2002.

Al-Mashlahah and Reinterpretation of Islamic Law 1838
Muhammad Harfin Zuhdi and Mohamad Abdun Nasir
DOI: 10.22373/sjhk.v8i3.24918
http://jurnal.ar-raniry.ac.id/index.php/samarah
Al-Salâm, Izz al-Dîn ibn ‘Abd. Qawâ‘id Al-Ahkâm Fi Masâlih Al-Anâm. 1st ed.
Kairo: Maktabat al-Kulliyyât al-Azhariyyah, 1997.
Al-Syarafi, Abd al-Majîd. Ijtihad Kolektif. Edited by Syamsusddin TU. Jakarta:
Pustaka Al-Kautsar, 2001.
Al-Syâtibi, A.I, al-Muwâfaqât fi Usûl al-Syarî‘ah. 2nd edn. Beirut: Dâr al-Kutub
al-‘Ilmiyyah, 1982.
Al-Syâtibi, Ibrahîm bin Mûsa Abu Ishâq, al-I’tishâm. 2nd ed. Beirut: Dâr al-
Ma’rifah, n.d
Al-Zarqa’, Al-Istishlah, Wa Al-Mashalih Fi Al-Syari’ah Al-Islamiyah Wa Ushul
Al-Fiqh.
Amin Abdullah, Islamic Studies Di Perguruan Tinggi: Pendekatan Integratif
Interkonesktif.
Auda, J, “Maqasid Al-Shariah as Philosophy of Islamic Law: A Systems
Approach’, The International Institute of Islamic Thought, 2017.
Awadin, Adi Pratama, and Asep Taopik Hidayah. “Hakikat dan Urgensi Metode
Tafsir Maudhu’i.” Jurnal Iman dan Spiritualitas 2, no. 4 (December 2022),
p. 651–57. https://doi.org/10.15575/jis.v2i4.21431
Bakri, Asafri Jaya, Konsep Maqashid Syari’ah Menurut Al-Syatibi, Jakarta:
RajaGrafindo Persada, 1996.
Busriyanti, Maqasid al-Syari’ah dalam Penegakkan Hukum Lalu Lintas di
Indonesia" Al-Istinbath: Hukum Jurnal Islam, Vol. 6, No. 1, 2021, p. 79-
84. DOI: http://dx.doi.org/10.29240/jhi.v6i1.2470.
Fahmi and Fahmi, “Penetapan Nasab Anak Mulā’anah Melalui Tes DNA (Studi
Atas Metode Istinbāt Yūsuf Al-Qaradāwī).”
Hisân, Husain Hâmid. Nazariyyat Mashlahah Fi Al-Fiqh Al-Islâmiy. Beirut: Dâr
al-Nahdah al-‘Arabiyyah, 1971
Kamali, Mohammad Hashim, “Fiqh and Adaptation to Social Reality.” The
Muslim World 86, no. 1, 1996..
Madkûr, Muhammad Salâm. Al-Ijtihâd Fi Al-Tasyrî‘ Al-Islâmiy. Kairo: Dâr al-
Nahdah al-‘Arabiyyah, 1984.
Manzhûr, I. Lisân al-‘Arab. 5th edn. Qāhirah: Dār al-Ḥadīth.Mas’ud, M.K. (1989)
Islamic Legal Philosophy: A Study of Abu Ishaq al-Shatibi’s Life and
Thought. Delhi: International Islamic Publishers Lisân Al-‘Arab 2003.
Mas’ud, Islamic Legal Philosophy: A Study of Abu Ishaq Al-Shatibi’s Life and
Thought.
Masrifah and Firdaus, “The Framework of Maslahah Performa as Wealth
Management System and Its Implication for Public Policy Objectives.”
Mîqâ, Al-Ra’yu Wa Atsaruhu Fi Madrasat Al-Madînah: Dirâsah Manhajiyyah
Tatbîqiyyah Tutsbitu Salâhiyyat Al-Syarî‘ah Li Kulli Zamân Wa Makân.
Muslehuddin, Muhammad, Philosophy of Islamic Law and The Orientalists, New
Delhi: Markazi Maktaba Islami, 1985.

Al-Mashlahah and Reinterpretation of Islamic Law 1839
Muhammad Harfin Zuhdi and Mohamad Abdun Nasir
DOI: 10.22373/sjhk.v8i3.24918
http://jurnal.ar-raniry.ac.id/index.php/samarah
Nyazee, Imran Ahsan Khan. Theories of Islamic Law: The Methodology of
Ijtihad. Adam Publishers & Distribution, 1996.
Opwis, Felicitas. “Maslaha in Contemporary Islamic Legal Theory.” Journal
Islamic Law and Society 12, no. 2 (2005), p. 183.
Sjadzali, Munawir, Polemik Reaktualisasi Ajaran Islam. Jakarta: Pustaka
Panjimas, 1988.
Syihab, Zahwa, “The Innovation Of Al-Najjar’s Thought In Maqasid Al-Shari’ah,
Mimbar Agama dan Budaya, Vol 38, No 1, 2021, p. 18-34. DOI:
10.15408/mimbar.v38i1.23375.
Tibi, Tibi, B, Islam Kebudayaan dan Perubahan Sosial, Edited by M.Z. dan Z.
Abbas. Yogyakarta: Tiara Wacana, 1999.
Zahro, Ahmad, NU Intellectual Tradition: Lajnah Bahtsul Masa’il 1926-1999,
Yogyakarta: LkiS, 2004.
Zaid Zaid, Mustafa, Mashlahah fi al-Tasyrî’ al-Islâmiy wa Najm al-Dîn al-Tûfi.
t.tp: Dâr al-Fikr al-'Arabiy, 1964)
Zuhdi, Muhammad Harfin, Qawa'id Fiqhiyyah. Mataram: Elhikmah, 2022.