MAQASHIDUSY SYAR'I

MAQASHIDUSY SYAR'I
(The purpose and goal of establishing Islamic Syari'at)

Introduction
Discuss about Maqasid Al Sharia, is discussed and interesting to explore the substance of wisdom and values that are in it. Below I will show an illustration of Maqasid Al Sharia's many references that I can get from some books and articles that raise issues about Maqasid Al Sharia (The purpose and goal of establishing syaria'at).
A time of Prophet Muhammad SAW forbade Muslims keep the meat offering, except in certain limits, a provision for three days. However, several years later, the regulations set by the Prophet Muhammad that are by their friends. The problem was communicated to the Prophet Muhammad. He allowed the action of the while explaining that the restrictions keep the meat offerings is based on the interests of Al Daffah (the front of people who come from poor villages around Medina). After that, the Prophet Muhammad said, "Now keep the flesh-meat offering that, because there are no more delegates who need it."
Seen from the case, the restrictions are expected to save the meat offering Syariat goal can be achieved, ie, relieve the poor who came from the hamlet-village on the fringe of Medina. After the reason for grounding is not there anymore, then the prohibition is also waived by the Prophet SAW.
From these provisions that since the Prophet Muhammad, Maqasid Al Sharia has become a consideration as the basis set in law. Efforts like that, so well done by the Companions. Efforts so clearly visible in several provisions of law made by Umar Ibn al Khattab. Sharia Al Maqasid study this and then get a place in ushul fiqh, which was developed by the ushuli in the implementation of qiyas, when talking about Al Masalik word. Study so visible in some of the paper ushul fiqh, such as Ar-Syafii treatise by Al, Al-Ghazali Al Musthafa paper, Al-Mu'tamad of Abu Al Hasan Al Bashri, and others. This study developed and are widely and systematically by Abu Al Isaac Syathibi.
In progress, Maqasid Al Sharia become even less popular criticism or even ignored in many reference books that talk about fiqh ushul. The discussion about Maqasid Al Sharia will not be easily obtained. So far the discussion Maqasid Al Sharia more identify with Abu al Shathibi Isaac.
At least books ushul salaf fiqh scholars, especially from the madzhab Syafi'i discuss Maqasid Al Sharia, or even disregard them in their main criticism, because this discussion with the faith theology.
As explained Shatibi, Maqasid Al Sharia doctrine explains that the final goal is a law, namely mashlahah or good and welfare of mankind. Islamic theology and accept a common birth mashlahah of this, but they differ in mashlahah if understood in the framework causality. They explicitly reject Asy'ariah or implied, causality in relation with God. For them, this premise implies that God is required for consideration mashalah, to act in a certain way. Because the obligations of such means to limit God's omnipotence, then Asy'ariah reject the idea that mashlahah is' Illal Al Syar'i. Nevertheless, they accept this premise with mashlahah interpreted as' grace 'of God, rather than as' the' action-for action. On the other hand although the Mu'tazilah also maintain the omnipotence of God. But beleive that God is obliged to do good. As concucensy, they receive the above premise, the mashlahah as' Illat Al Sharia.
Arguments teologis the vine to ushul fiqh in this, as many authors in the field of fiqh ushul also writing in the field of theology. . However, fiqh ushul demands a way of thinking and reasoning methods that differ from the methods of Kalam. Thought that the law will require the voluntary actions of man must be connected with the man alone if he should be legally responsible for the action-action. Because of obedience to the commands of God depends on human will, the command that must be motivated by the interests of men. As konsekwensinya, mashlahah premises must be received in ushul fiqh in the framework of reasons, motives and goals.
Debate about Sharia Al Maqasid this, not only related to theology, but also associated with kehujjahan Maqasid Al Sharia as a source of legal development. Methods development of Islamic law based on Sharia Al Maqasid as istihsan and mashlahah mursalah, is developing a method be debated existence. Imam Syafi'i, for example, up istihsan he states:
"Those who use istihsan he has truly created syara '".

Understanding and coverage Maqasid Al Sharia
Maqasid Al Sharia means the purpose of Allah SWT and His Messenger, in formulating the law of Islam. Meanwhile, according to Wahbah al Zuhaili, Maqasid Al Sharia mean values and goals syara 'implicit in the whole or part of law-law. Values and goals is seen as a destination and a secret sharia, which is defined by al-Syari 'in any law. According to the final goal Syathibi law is one of mashlahah or good and welfare of mankind.
Maqasid Al Sharia, which substantially contains kemashlahatan, according to al Syathibi can be viewed from two perspectives. First maqasid al syari '(the purpose of God). Both maqasid al mukallaf (goal mukallaf). View from the corner of the goal of God, Maqasid Al Sharia contains four aspects, namely:
1. Early goal from Syari 'set the sharia kemashlahatan man in the world and the Hereafter.
2. Determination of sharia as something that must be understood.
3. Determination of sharia law as taklifi to be implemented.
4. Determination of sharia in order to bring people to cope under the law.
Similarly, from the point of maqasid al mukallaf, Maqasid Al Sharia also has four aspects, namely:
1. Discussion mashlahah, understanding, levels, characteristics, and relativitas or keabsolutannya.
2. Discussion of the linguistic dimension of the problem is ignored by taklif other juris. A command that is taklif must be understood by all of the subject, not only in words and sentences but also in understanding linguistic and cultural understanding. Al Syathibi discuss this problem with the way the dalalah asliyah (not essential) and ummumiyah (layman can understand).
3. Analysis of taklif in conjunction with ability, difficulty, and others.
4. Description huzuz aspects in relation to sex and ta'abud.
The majority of researchers kemashlahatan divide into two types, hereafter kemashlahatan guaranteed by the belief and worship and the world kemashlahatan guaranteed by Muamalat. But in this discussion, the correlation was not found to require attention to this division. Because the substance of all things related to faith, worship and Muamalat Syariat in Islam kemashlahatan ensure all the good people of the world and the Hereafter.
Kemashlahatan which is the purpose of this limited Syariat in five cases, religious, soul / nafs, intellect, offspring and property. Each of the top five penjagaaan this is called maslahah and every thing that makes this case the loss of five called mafsadah.
As each case is a mediator terjaganya five this case, is divided into three levels, namely the need dlorruriyat al, al hajiyat and tahsinat al.

Needs dhoruriyat
Definition is the level needs to be there or called the primary needs. When the level of demand is not met then the safety of the human akan threatened, both in the world and the Hereafter. According to Al Syatibi have five things in this category include maintaining the religion, life, honor, wealth and offspring. To maintain this is the five essential Syariat Islam was revealed. In each paragraph of law if found akan examined the reasons for its establishment is not to keep the five essential above. Qisas obligations such as:
"And in that qisas (security of) life to you O Allah-fearing"
From this verse can be known that disyariatkannya qisas because with the threat to human life can be removed.

Al needs hajiyat
Al Syatibi defines needs as secondary. If this requirement is not fulfilled until the safety is not threatened by humans. But he will have difficulties. Islam Syariat eliminate all these difficulties. There is a law rukhshah (remission), as explained Abdul Wahhab Khallaf. Example is the concern of the Islamic Syariat this need. Example pembolehan not fast for the traveler, diyat penalties (fines) for a man who accidentally killed, suspension of sentence cut up as someone who stole a push to save the life of hunger.

Al needs tahsinat
Is that definitions need not threaten the existence of one of the five main things before and not cause trouble if not met. Level needs this form of complementary needs, such as Al Syatibi raised as a consideration of the customs to avoid things that are not well seen with the eye make up and beauty according to the claim that norms and morals, in many areas of life such as worship muamalah, and uqubah. Allah SWT has mensyariatkan things related to the needs tahsinat. Sample advice when trying to make up the mosque, a proposed increase of worship Sunna, the prohibition of torture in the war corpses / muslah.
Al Syatibi also mashlahah share in three things:
1. Mashlahah venerated, the kemashlahatan associated with the defense on the five things, as expressed above. Kemashlahatan maintenance business that is five pemeliharaaan the dhoruri (the primary). That is diharuskannya struggled to a strong physical attacks to fight enemies of the religion and the meaning of the country. Ditetapkannya punishment qisas to ensure the safety of people, and others.
2. Mashlahat mulgha, that is something that fugacious mashlahat visible, but there mashlahat greater mashlahat so small that it can be ignored. For example, on a when Abdurrahman ibn Hakam, governor of Andalusia, to ask Fatwa Imam al Laitsi about kafarat has been canceled because of Ramadan fasting meddle with his wife in the afternoon. Al laitsi memfatwakan that kafaratnya must fast two consecutive months. Decisions are taken with the argument that emancipate slaves or to feed 60 poor oarang too light for a governor, then governor dikawatirkan the meremehkannya. Kemashlahatan greater in this case is kemashlahatan religion.
3. Mashlahat mursalah, kemashlahatan that is not affiliated with the proposition that allow or melarangnya, for example the fabrication merajalelanya property up valuables or forgery in order to free his wife gathered up the kebo consideration mashlahah mursalah provisions of the obligation may be recorded and must have information that occur every legitimate sale and purchase contract, marriage, grants and so forth.

Limitation Maslahah
Al Syatibi provides a description of the character mashlahah:
• The purpose of legislation (tashri ') is to enforce mashlahah in this world and the Hereafter.
• Syari 'desire masalih must be absolute
Reason for the second consideration is that the sharia should already be eternal, universal (kull), and general (AMM) in conjunction with all kinds of obligations (takalif), the subject of law (mukallafin) and conditions (ahwal).
The three characters on the mashlahah must be absolute and universal. Means that the totality mashlahah should not be subjective and relative. Relativity is based on the attitude usually equate a problem with one of the conditions of personal enjoyment, personal gain, lust and desire of the interests of individuals. All the above considerations provide mashlahah concept akan relative and subjective meaning, which is not a consideration syari 'in mashlahah, although it may be considered in the cultural tradition.
Universal element in the character, not influenced by takhalluf (out) elements partikulernya. For example, the punishment is applied based on the universal provision of this punishment that usually prevent people from doing evil with ignoring certain people even though the punishment, can not refrain from doing a crime. The existence of certain people this does not affect the validity of the general penalty provisions.
Kemashlahatan al Buthi for human, but one that is actually the creation of penghambaan a mukallaf to God and ma'rifat billah. Al Buthi build on the proposition:

"And look at what the gods have been awarded to you (happiness) in the Hereafter, nor forget bahagianmu from (enjoyment) ... worldly."

Al Buthi menandaskan commentary that the majority of experts agreed that the statement la tansa nashibaka al dunya min, meaning that parts of the world for utilitarian akhiratnya.
Limitations in providing mashlahah, al Buthi explain two things that came out of mashlahah criteria:
• All things that come out of the substance with the purpose of defense mashlahah five examples of the release itself from the provisions of regulations of worship, the adulterous pleasure, beyond the self-defense is justified without the provision syara 'and others.
• Anything that does not conflict with the substance but mashlahah be changed because the purpose is not well based hadith: "innamal a'malu binniyah".


Kehujjahan Maqasid Al Sharia (mashlahah)
Mashlahah in the frame of the membatasinya not a proposition that stands on its own proof-proof syara 'as the Qur'an, Al-Hadith, Ijma' and Qiyas. Thus, no law may determine the partial (juz'i / far'i) with kemashlahatan based only. Indeed mashlahah is the meaning of the universal covering entire sections of law far'i taken from proof-proof or base sharia.
Loneliness as mashlahah proposition of law, can not be done because the intellect is not possible to catch the meaning in mashlahah problems juz'i. This is due to two things:
• If the intellect is able to capture Al Maqasid the partial Sharia in every law, it is rationally determine / judge before the coming syara '. This may be the majority of scholars.
• If the supposition that the intellect is able to capture Al Maqasid the partial Sharia in every law that is considered legitimate, then the only legitimate batallah presence atsar / effect of the most detailed proof-proof for the law, because the vagueness mashlahah substance for the majority of the human intellect.
Khallaf for Abdul Wahhab, Al Maqasid Sharia is a tool to understand the editorial staff of the Holy Qur'an and Al-Hadith, complete theorem-proof and set against the law to cases that do not tertampung in the Qur'an and Hadith al.
From what was Abdul Wahhab Khallaf this show Maqasid Al Sharia law is not as independent but is a legal basis for the determination of the law through several methods of law. However, as in the preliminary disinggung almost the entire method of dipertentangkan / not agreed upon by scholars, is due to the influence of factors theology.