Sharia philosophy (Maqasid Shariah) is the main goal of Islamic sharia maker that is God in making the rules that exist in Al Quran and hadith. Etymologically, maqasid (Arabic, مقاصد) is the plural of maqsad (مقصد) derived from ficil (verb) qasada - yaqsidu - qasdan (قصد يقصد قصدا). The word al-qasd has a number of meanings, among others, a straight and guided way.
In terminological meaning maqasid sharia is maqasid word shari'ah '(the objectives of sharia), maqasid sharia (islamic purpose), and Syar'iyah maqasid (objectives are syar'i) all of these terms have the meanings that can be summarized into two: the mean ( a) eliminate danger, eliminate it and disconnect it; (b) five sharia principles that preserve the religion (حفظ الدين), keeping individual (حفظ النفس), maintaining reasonable (حفظ العقل), maintain descent (حفظ النسل) and maintain the property (حفظ المال); (c) special reasons for the law of fiqh; (d) absolute maslahah either to benefit or to reject mafsadah (ugliness).
The scholars who pioneered this maqasid shari'ah concept include Imam Al-Juwaini in both his books Al-Burhan and Al-Waraqat and his disciple Imam Al-Ghazali in Al-Mustashfa fi Ilmi al-Ushul.
FIVE SHARIA PHILOSOPHIEST
Broadly speaking, there are five philosophies or maqasid shariah. Namely maintaining religion (حفظ الدين), keeping individual (حفظ النفس), maintaining reasonable (حفظ العقل), maintain descent (حفظ النسل) and maintain the property (حفظ المال).
MAINTENANCE RELIGION (حفظ الدين)
Religion or ad-Din is made up of faith, worship and law that is prescribed by God to organize and manage human relationships with their Lord and to manage relationships between people where by law God intends to establish and establish religion in the human soul by following sharia law and stay away from Sharia-prohibited behavior and blessings.
SELF MAKING (حفظ النفس)
Islam mensyariahkan followers to realize and preserve the humanity of the perfect way that is with the marriage and birth descendants. Just as sharia obliges humans to care for themselves by obtaining or obtaining something of their own needs such as food, drink, clothing and shelter. Islam also obliges humans to prevent something that endangers the soul therefore it is required qishas and diyat. And forbidden everything that will result in damage.
MAINTENANCE OF ACT (حفظ العقل)
Allah requires man to keep his mind therefore everything that is intoxicating the law is forbidden to be consumed and the culprit will be punished.
KEEPING DIFFERENCES (حفظ النسل)
Allah instructs men to marry for the purpose of obtaining offspring and obliges to keep themselves from the sanctions of adultery and qadzaf (accusing adultery).
KEEPING PROPERTY (حفظ المال)
Islam requires people to try to earn fortune and allow muamalah or sale and purchase transactions, barter and commerce. And it is unlawful to commit theft, treason, illegal eating of other people's property and sanction the perpetrators of the violation and not propagate the property.
SHARIA PHILOSOPHY IN THE BOOK OF AL-QURAN
The Qur'an describes the purpose of sharia with various forms, among others, as follows:
- Sometimes with text (nass) that a paragraph included on the philosophy of sharia by using the word "will of god" (wishes to), as in the word of Allah in Surah Al-Baqarah 2: 185 "Allah desires ease for you, and does not want hardship for you. And you shall be content and let your glory be exalted above Allah by His guidance given to you, that you may be grateful. "
Imam Tabari in the book of Jami'ul Bayan fi Ta'wilil Quran II / 162 states "Allah desires waivers for you, O believers because Allah knows the difficulty of it for you in this state."
In the form of sighat taklil (cause, because, lest). This format is common in the Qur'an, among others, with the word "kay" (كي), lam taklil and ba sababiyah. Example with kay like the word of God in QS Al-Hadid: 23 "(We explain so) so that you do not mourn for what you missed, and that you should not be too happy about what He gave you. loves everyone who is proud again prides himself, "
Example with ba 'sababiyah as in QS An Nisa 4: 160 "It is because of the injustice of the Jews, that we forbid the good (eatable) that is justified to them, and because they are much in the way of (men) from the way of Allah, "Qurtubi in Tafsir Al-Qurtubi VI / 10 states on this verse:" Injustice takes precedence over prohibition due to injustice is the goal intended to be preached as cause "
Example lam taklil as in the word of Allah QS An Nisa 4: 105 "We have sent down the Book unto you by bringing righteousness, that ye judge between man and that which Allah hath revealed unto you, and do not be a contra (innocent), for (defending) the treacherous, "then, because the decline of the Qur'an is so that sharia is made as law between mankind.
- Another form of formation such as God's own self-authenticity with the attribution of "wisdom" (wisdom) and "spirit" (compassion). Or, when God explains the faidah for what is commanded and the result of the forbidden matter.
SHARIA PHILOSOPHY IN HADITS PROPHET
The science of sharia will not exist in the first period of Islam as the theoretical sciences. At that time, Muslims only practice it in practice. Therefore, it was the Prophet who laid the first foundation for Islamic sharia philosophy through the Prophetic manners and sayings contained in the hadith books which are among others as follows:
- Hadith sahih Bukhari history in the book of Sahih Bukhari no. 2591 from Sa'd bin Abi Waqqash when he asked the Prophet. "O Messenger of Allah, I have abundant wealth but there is no heir except my only daughter Can I make all my property?" The Prophet replied: No, Sa'd asked: If two-thirds of the Prophet replied: No, Sa'd asked: half the treasures The Prophet replied: No, if one third, the Prophet replied: 2/3 and 2/3 are many, leaving your martial artist rich is better than leaving the poor who need help from others.
- The authentic Hadith of Bukhari's history in Sahih's book no. 1077 from Aisha that the Messenger of Allah said to the Companions about the Tarawih prayer: "... nothing prevents me from coming out with you only I fear to be obliged to you". According to Ibn Hajar in Fathul Bari III / 13 that the Prophet is worried that it is obligatory and they are not able to practice then they will sin when they leave it.
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