KONSEP MAQĀṢID SHARĪ`AH PERSPEKTIF `ALLĀL AL-FĀSY

Abstract

This paper tries to solve the problem of 'Allāl al-Fāsy regarding al-maqāṣid al-sharī`ah, as a figure who developed the study of maqāṣid sharīah after as-shāṭiby and Ibnu `Ashūr. The study of the science of maqāṣid sharī`ah offered by al-Shāṭiby was later developed by two people from the generation of the al-Māliky school, namely Ibn ʻArūr and al-Fāsy. Ibn 'Asr supported to make maqaṣid sharī`ah an independent science of ushul fiqh. While al-Fāsy tried to apply the ideas of maqāṣid al-Shāṭiby in the realm of contemporary issues. He prioritizes the essence of Islamic sharia in the benefit of humans. For him, there is no dispute with the benefit of humans. To find out the essence of this Shari'a, al-Fāsy divides maqāṣid into two; the first is the maqāṣid sharīah in establishing the basis of sharia law called ushūl al-shar`, and the second is the maqāṣid sharīah in providing human rights.