AKTUALISASI KAIDAH I’TIBA>R AL-MAS}A>LIH} DALAM PEMIKIRAN IZZ AL-DI>N IBN ABD AL-SALA>M)

Huzaimah Al-Anshori(1*)
(1) Fakultas Hukum Universitas Islam Kadiri
(*) Corresponding Author

Abstract

Goodness actualization in the thought of imam Izz al-Di>n in triggering the law is not separated from attracting good and avoiding destruction, a concept that indicates the benefit of mankind. This if we actualize it in the comunity, it will appear that goodness is a priority in assisting a law that will be triggered, provided that it does not conflict with the qur’an agreement, analogy, and istidian of the mu’tabar. mas}lah}ah (goodness) in a marriage registration, it has been mentioned in the books of fiqh. The regulation of it is an anticipatory step from the state (goverment) to anticipate the actions that harm in one side, especially women. This is accordance with the rules. Meaning: the actions of leader/goverment for the society are to realize the goodness. Imam izz al-Di>n makes the Holy Qur’an and the hadith as a juridical basis in establishing a law. Besides that, Izz al-Di>n in responding to mas}lah}ah as a reference in law istinbat he rests on istidla>l al-s}ah}i>h} or with the term istidla>l bi al-mas}a>lih}.

Keywords: Actualization, Rules, I’tiba>r al-Mas}a>lih}.

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