THE FOUNDATION OF TA'LÎL MASHLAHÎ AS A METHOD OF IJTIHAD

Abstract

Islamic law faces significant challenges when confronted with major political, social, economic and cultural changes due to technological advances and globalization. As changes and developments continue to occur, it is important for Islamic law to adapt and respond to the needs of its times. However, the main sources of law, namely the texts of revelation and the words of the Apostle, have been interrupted, while human phenomena continue to evolve. The issue at hand is whether the limited texts of revelation can provide solutions to the significant social changes in human life, and can Islamic law still offer rational solutions to the needs and problems of modern society? To get the answer, in this article the research uses library research by collecting data using the source of literature papers related to the methodology of legal discovery (istinbath al-ahkam). This study concludes that one of the methodological alternatives to make Islamic law adaptive and flexible with the changing zamana is the concept of Ta'lîl mashlahî. Ta'lîl mashlahi is the starting point in Islamic legal methods such as qiyâs, istihsân, mashâlih murasalah, and adz-dzâri'ah. All of these methods depart from the understanding that Shari'a law always contains a ratio legis ('illat) in the form of benefit. So that the law does not only reside in the body text but can be contextualized. Ta'lîl mashlahî has been practiced in law-making since the time of the Prophet and his companions, where they based syara' laws on human benefit. So that the offer of the concept of ta'lîl mashlahi with philosophical logic (al-fikr al-maqâshidî) or the values of legal substance will be a problem solving of current and heretical problems.