Scheme of Maslahat Within Sharia and Transcendental Fiqh

Abstract

Actually, the concept of sharia that always deals with the pattern of life of Muslims. Due, many approaches were taken to discuss legal issues that are quite complexity. Thus, the rapid social changes of not matched by the acceleration of fiqhproducts in response to the need of legal guidance of fiqh. As humans, of course each individual has the responsibility imposed on sharia, on the other hand a real effort is needed to stay within the range of corridor with the legal rules. The issue of legal certainty that has often been questioned arises as a result of the unequal awareness of justice and legal equality. The ability to extract normative values contained in the text of the text can give more legitimacy to the ijtihad. Muslims cannot be separated from the two sources of guidance in every dimension of their lives, including when faced with a problem. Muslims must always be united with the Qur'an and Sunnah of the Prophet as a barometer of their lives despite the life dynamic. Therefore, when extracting a text of nashby looking at the social reality amid maslahat intake within it. The context of benefit must not avoided the basic pillars of Islam; arkan al Iman (the Pillar of Faith), arkan al-Islam (the pillar of Faith), Ihsan(social value).

The Relevance of Non-litigation Mediation in Family Dispute Resolution to Family Law Reform in Indonesia

“…Consideration of the legal basis for Islamic peace in fiqh cannot be separated from the question of maslahah [16]. Etymologically, the word maslahah means a benefit, good, or use.…”