Maqashid Ash-Shariah (Islamic Law Interest)
By; Abdurrahman Misno Bambang Prawiro
Islamic Shari'a is the rule of life that comes from Allah ta'ala, it is a way of life for all mankind. As a rule of life it has the primary objective to be accepted by all mankind. Interest lowered Islamic law is for the good of all mankind. Within the scope of this purpose is called fiqh ushul with maqashid as-Shari'ah ie intent and purpose of the revelation of Islamic law.
In language maqashid shari'ah consists of two words that maqdsid shari'a. Maqashidberarti intent or purpose, maqashid a form jama 'of Maqsud derived from the syllables meaning Qashada want or intend. Maqashid mean things desired and intended. [1] While Shari'ah literally means المواضع تحدر الي الماء means the road to the water source, the road to the water source can also be interpreted to walk towards the source of life. [2]
In the Qur'an, Allah Ta'ala mentions some of the word "shari'a" are:
ثم جعلنك على شريعة من ٱلأمر فٱتبعها ولا تتبع أهوآء ٱلذين لا يعلمون
Then We made you be on top of a sharia (laws) of matter (the religion), then follow the law and do not follow the desires of people who do not know. QS. Al-Jatsiyah: 18.
شرع لكم من ٱلدين ما وصى به نوحا وٱلذى أوحينآ إليك وما وصينا به إبرهيم وموسى وعيسى أن أقيموا ٱلدين ولا تتفرقوا فيه
He has ordained for you of religion what diwasiatkan unto Noah and that which We have revealed to you and what have we wasiatkan to Abraham, Moses and Jesus are: Establish the religion and do not be broken to pieces about it. QS. Asy-Syuura: 13.
Of the two paragraphs above it can be concluded that the "law" as "religion", but the current development charge reduction occurred Shari'a meaning. Aqidah for example, are not included in the definition Sharia, Sheikh Muhammad Syaltout for example, as cited by Asafri Jaya Bakri in his concept of the Shariah maqashid according to al-Syatibi say that the Shari'a is: The rules that were created by God to be guided by humans in regulating relations with God, with man both Muslims and non-Muslims, natural and whole life.
Maqashid term Sharia is Islamic law purposes contained in any rules. Imam Ash-Syathibi reveal about Shari'ah and functions for humans such expression in the book of al-Muwwafaqat:
هذه الشريعة .... وضعت لتحقيق مقاصد الشارع في قيام مصالحهم في الدين والدنيا معا
Indeed, the law set out aims for the establishment of (realizing) kemashlahatan man in the world and the Hereafter. "
In other sections, he said:
الاحكام مشروعة لمصالح العباد
The laws enacted for kemashlahatan servant.
Al- Syatibi not define maqashid Sharia is mashlahah or good and welfare of mankind in this world and the Hereafter. Therefore Asy-Syatibi position the beneficiaries as 'illat law or Islamic law pensyariatan reason, in contrast with other fiqh usul experts An-Nabhani example, he carefully stressed repeatedly that the beneficiaries are not' illat or motif (al- ba'its) determination of the Shari'a, but wisdom, the result (natijah), goals (ghayah), or as a result ( 'aqibah) on the application of sharia.
Why An-Nabhani said that wisdom is not said 'illat? Because according to him nash passages that exist when viewed in terms of its shape (shighat) do not indicate the existence of 'illat (al-'illiyah), but only indicate the nature of grace (beneficiaries) as a result of the application of the Shari'a. For example the word of Allah Ta'ala:
وننزل من ٱلقرءان ما هو شفآء ورحمة للمؤمنين ولا يزيد ٱلظلمين إلا خسارا
And We send down from the Quran something that became bidders and mercy for those who believe and Qur'an that does not add to the people who do wrong than losses. QS. Al-Isra: 82.
ومآ أرسلنك إلا رحمة للعلمين
And We sent thee not, but to (become) a mercy to the worlds. QS. Al-Anbiya: 107.
According to An-Nabhani, this paragraph does not contain shighat ta'lil (tenses menunjukkan'illat), for example with their ta'lil lam. So the purpose of this paragraph, that the results of (al-natijah) coming of Muhammad peace and Alaihi Wassalam is going to be a mercy for mankind. That is, the grace (beneficiaries) is the result of the implementation of the law, not 'illat of the establishment of Shari'a.
By; Abdurrahman Misno Bambang Prawiro
Islamic Shari'a is the rule of life that comes from Allah ta'ala, it is a way of life for all mankind. As a rule of life it has the primary objective to be accepted by all mankind. Interest lowered Islamic law is for the good of all mankind. Within the scope of this purpose is called fiqh ushul with maqashid as-Shari'ah ie intent and purpose of the revelation of Islamic law.
In language maqashid shari'ah consists of two words that maqdsid shari'a. Maqashidberarti intent or purpose, maqashid a form jama 'of Maqsud derived from the syllables meaning Qashada want or intend. Maqashid mean things desired and intended. [1] While Shari'ah literally means المواضع تحدر الي الماء means the road to the water source, the road to the water source can also be interpreted to walk towards the source of life. [2]
In the Qur'an, Allah Ta'ala mentions some of the word "shari'a" are:
ثم جعلنك على شريعة من ٱلأمر فٱتبعها ولا تتبع أهوآء ٱلذين لا يعلمون
Then We made you be on top of a sharia (laws) of matter (the religion), then follow the law and do not follow the desires of people who do not know. QS. Al-Jatsiyah: 18.
شرع لكم من ٱلدين ما وصى به نوحا وٱلذى أوحينآ إليك وما وصينا به إبرهيم وموسى وعيسى أن أقيموا ٱلدين ولا تتفرقوا فيه
He has ordained for you of religion what diwasiatkan unto Noah and that which We have revealed to you and what have we wasiatkan to Abraham, Moses and Jesus are: Establish the religion and do not be broken to pieces about it. QS. Asy-Syuura: 13.
Of the two paragraphs above it can be concluded that the "law" as "religion", but the current development charge reduction occurred Shari'a meaning. Aqidah for example, are not included in the definition Sharia, Sheikh Muhammad Syaltout for example, as cited by Asafri Jaya Bakri in his concept of the Shariah maqashid according to al-Syatibi say that the Shari'a is: The rules that were created by God to be guided by humans in regulating relations with God, with man both Muslims and non-Muslims, natural and whole life.
Maqashid term Sharia is Islamic law purposes contained in any rules. Imam Ash-Syathibi reveal about Shari'ah and functions for humans such expression in the book of al-Muwwafaqat:
هذه الشريعة .... وضعت لتحقيق مقاصد الشارع في قيام مصالحهم في الدين والدنيا معا
Indeed, the law set out aims for the establishment of (realizing) kemashlahatan man in the world and the Hereafter. "
In other sections, he said:
الاحكام مشروعة لمصالح العباد
The laws enacted for kemashlahatan servant.
Al- Syatibi not define maqashid Sharia is mashlahah or good and welfare of mankind in this world and the Hereafter. Therefore Asy-Syatibi position the beneficiaries as 'illat law or Islamic law pensyariatan reason, in contrast with other fiqh usul experts An-Nabhani example, he carefully stressed repeatedly that the beneficiaries are not' illat or motif (al- ba'its) determination of the Shari'a, but wisdom, the result (natijah), goals (ghayah), or as a result ( 'aqibah) on the application of sharia.
Why An-Nabhani said that wisdom is not said 'illat? Because according to him nash passages that exist when viewed in terms of its shape (shighat) do not indicate the existence of 'illat (al-'illiyah), but only indicate the nature of grace (beneficiaries) as a result of the application of the Shari'a. For example the word of Allah Ta'ala:
وننزل من ٱلقرءان ما هو شفآء ورحمة للمؤمنين ولا يزيد ٱلظلمين إلا خسارا
And We send down from the Quran something that became bidders and mercy for those who believe and Qur'an that does not add to the people who do wrong than losses. QS. Al-Isra: 82.
ومآ أرسلنك إلا رحمة للعلمين
And We sent thee not, but to (become) a mercy to the worlds. QS. Al-Anbiya: 107.
According to An-Nabhani, this paragraph does not contain shighat ta'lil (tenses menunjukkan'illat), for example with their ta'lil lam. So the purpose of this paragraph, that the results of (al-natijah) coming of Muhammad peace and Alaihi Wassalam is going to be a mercy for mankind. That is, the grace (beneficiaries) is the result of the implementation of the law, not 'illat of the establishment of Shari'a.
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