Bahri, Syaiful (2015) Menakar Liberalitas Pemikiran al-Tufi tentang Maslahah dalam Hukum Islam. Universum, 09 (2). pp. 141-149. ISSN 2502-8650
Text
81-323-1-PB.pdf Download (241kB) |
Abstract
This paper attempts to discuss Najmuddin al-Tufi’s thought on maslahah, as well as see the extent of his liberal idea. In order to unravel this problem, the author conducted a literature review to examine al-Tufi’s work, Risalah fi Ri’ayah al-Maslahah. This study resulted in two conclusions. First, al-Tufi’s thought on maslahah is quite controversial because it is delivered with provocative words. Al-Tufi states that in case of conflict between nas and masalahah, the precedence is maslahah using Takhsis and Tabyin mechanisms. Second, al-Tufi’s thought can’t be put into the category of liberal thought. Since, although al-Tufi states the permissibility displacing the position of nas with maslahah, the process must be carried out with the Takhsis and Tabyin mechanisms which are already popular practiced in Islamic Legal thoughts. Keywords: Al-Tufi, Maslahah, Ri’ayah al-Maslahah
Item Type: | Article |
---|---|
Subjects: | 18 LAW AND LEGAL STUDIES > 1801 Law > 180113 Family Law (incl. Islamic Family Law, Munakahat) |
Divisions: | Fakultas Syariah > Jurusan Ahwal Al-Syakhsiyah |
Depositing User: | Muhammad Fikri Alan |
Date Deposited: | 10 Aug 2021 02:58 |
Last Modified: | 10 Aug 2021 02:58 |
URI: | http://repository.iainkediri.ac.id/id/eprint/510 |
Actions (login required)
View Item |