التعليل المصلحي في المذهب الحنفي (بدائع الصنائع مثالا)

ustification of benefit (maslaha) is an important topic in contemporary Islamic jurisprudence because it is closely related to the principles of jurisprudence and the purpose of Islamic laws (maqasid sharia). Justification of Islamic laws through maslaha has been widely criticized among Muslim scholars. The Hanafi school of jurisprudence does not accept the justification of law through maslaha. Therefore, this study demonstrates the validity of justification of Islamic laws through maslaha in the Hanafi School in accordance with fiqh (Islamic jurisprudence) and Usul al-fiqh (principles of Islamic jurisprudence) by using the analytical inductive method. The study is divided into three chapters. The first and second chapters set up the theory of maslaha according to the Hanafi school of jurisprudence. In the first, an explanation of important terms is provided, such as hikmah (logic) and maslaha. In the second, the authenticity of maslaha according to scholars of jurisprudence is discussed, including evidence from hadith and Usul al-fiqh. The general principles of jurisprudence (Qawa'id Fiqhiyyah) related to the subject of maslaha are linked with its justification. The third chapter discusses applications for the concept of maslaha in the Hanafi school of jurisprudence through extrapolation, extraction and analysis of the most important examples from the book Bada'i Al-Sana'i by Kasani. The study concluded that the Hanafi school adopted many of their positions based on public benef't (Maslaha) and much of the literature on this issue these days is not accurate. The concept of public interest is a general fundamental rule under which likeness (Istihsan) and customs (Urf) fall as well as preventing excuses (Sadd al-Dhara'i) that also include jurist rules such the rules of necessity (Darurat), causing harm (Darar) and removing embarrassment (Raf' al-Haraj).