Syathibi's Thoughts on Maslahah Mursalah and its Impact on The Development of Islamic Law

Abstract

The purpose of this study is to discuss and analyse the application of the method of maslahah mursalah in the establishment of Islamic law. This research method is qualitative with biographical, historical, and content analysis approaches. The results of the study concluded that Asy-Syatibi thought defines maslahah mursalah with maslahah found in new cases that are not designated by a particular nash but it contains benefits that are in line (al-munasib) with the act of sharing. Conformity with the action (tasharrufat) of share» in this case does not have to be supported by certain arguments that stand alone and point to the problem but can be a collection of postulates that provide definite benefits (qat» i). New issues that have not been confirmed, either justified or denied and contain benefits that are decided with the problem of mursalah are related to problems of muamalat, not related to worship. The use of maslahah mursalah as a postulate for the establishment of law is only for needs that are dharuri and haji in nature. Determining the benefits of an action that will later be used as a basis for consideration in the postulate of the mursalah community can use reason to the maximum.