Publication: Analisis Hubungan Maslahah Dan Mafsadah Dalam Mempengaruhi Pembentukan Hukum Fiqh Pandemik Di Malaysia
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Date
2020-10-27
Authors
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Publisher
Faculty of Syariah and Law, Universiti Sains Islam Malaysia
Abstract
Maqasid Syariah is often defined as the ‘objective of Islamic law’, that is, the desired goal behind the obligation of a law. The science of maqasid is very important especially in understanding and interpreting the Islamic texts. Maqasid syariah generally aims to preserve the five basic necessities of human life, namely preserving religion, life, intellect, lineage (as well as dignity) and property. Any effort that supports these five necessities (maslahah) and protects them from harm (mafsadah) is included in the goals of Islamic law. The concept of maslahah and mafsadah has always been the main backbone for the scholars in determining the law. During the pandemic COVID-19 hit in Malaysia, various legal rulings have been issued by the authorities at the state and federal levels to protect the affairs of Muslims. The rulings are issued after considering the maslahah and mafsadah to be faced by Muslims in Malaysia. This study was conducted to identify the role of maslahah and mafsadah in influencing the Syariah rulings related to pandemic COVID-19 in Malaysia as well as showing how the process takes place (takyīful fiqhī). This study is qualitative, using a library approach to collect primary and secondary data and then analyse it by content analysis. The results show that the principles of maslahah and mafsadah play a big role in determining the Syariah rulings in the COVID-19 pandemic situation as well as the need to set a clear standard of maslahah and mafsadah so that the rulings produced are accurate, precise and not made it on whim.
Description
International Seminar on Syariah and Law (INSLA 2020) E-Proceedings
“Hala Tuju Syariah Dan Undang - Undang Mendepani Pandemik Covid - 19”
Organized by : Faculty of Syariah and Law, Universiti Sains Islam Malaysia
27-28 October 2020
Keywords
Maqasid Syariah, Maslahah and mafsadah, Takyīful fiqhī, Pandemic jurisprudence, COVID-19