Metode Istiṣlah (Maṣlahah) Dan Posisinya Dalam Menyelesaikan Persoalan Ekonomi Modern

Abstract

Economic activities that always move dynamically require legal clarity, especially from the perspective of Islamic law. Among the ijtihad methods applied to modern economic problems by collective mujtahids at this time is the istiṣlāh (maṣlahah murlah) method. This article aims to explain the concept of istiṣlah (maṣlahah), the views of ulama regarding the blasphemy of istiṣlah (maṣlahah) as a legal proposition, and the position of the istiṣlah (maṣlahah) method in solving modern economic problems. This research uses a qualitative research method in the form of document study with a juridical-normative approach. The primary sources for this research are books, both classical and contemporary, related to fiqh and ushul fiqh, especially related to istiṣlah. The research results show that the majority of ulama are of the opinion that istiṣlah (maṣlahah) can be used as a hujjah of syar'iyyah in the formation of law. Others reject his blasphemy as a legal proposition. The istiṣlah method (maṣlahah murlah) has an important position in the process of determining fatwas or modern economic policies in Indonesia.