Mashlahah Sebagai Technical Legal Term; Telaah Pemikiran Imam Al-Haramain Al-Juwaini

Abstract

As one of the legal arguments disputed by scholars, mashlahah is a representative technical legal term, especially in the field of developing Islamic law. Muslim researchers and scholars have encountered the concept of mashlahah as the goal of shari'ah. However, during their research, they always indicated that Imam Malik bin Anas was a figure that always appeared. While they did not investigate further, this term began long after the period of the four schools of thought, more precisely after the period of the Shafi'i school, which was pioneered by a mujtahid mustaqil known as Imam Haramain al-Juwaini. Therefore, this study tries to analyze how the concept of maslahah from the perspective of Imam Haramain al-Juwaini in the book al-Burhan fi Usul al-Fiqh uses the library research method. Using a content analysis approach aims to contribute knowledge about the concept of mashlahah based on the book of al-Burhan, in this paper, there is a solution on how the concept of mashlahah which incidentally is a technical legal term gains an image through the classification of the mashlahah level which includes five levels, namely mashlahah dzaruriyyah, mashlahah hajjiyyah, mashlahah tahsiniyah, mashlahah which completes the three, and mashlahah which is assessed based on kulliyah. Of the five, it became a major concept in the development of the concept of maslahah for later scholars.