The Concept Of Maslahah By Al-Imam Malik And Al-Imam Al-Tufi

Abstract

Among the sources of Islamic law which is still disputed by Scholars argument is maslahah . Some scholars reject it , but most agree to make maslahah as one of the sources of Islamic law in matters of ijtihad. Imam Malik considered as a Pioneer Scholar who makes maslahah as one source of his law ijtihad . His view was followed by the other Scholars , one of whom is Najm al - Din al - Tufi, acleric ' Hambali . However, the two leaders of thought are not the same , even in certain cases the difference is very sharp, although in certain parts have in common . In the view of Malik, maslahah serve as a source of Islamic law in matters which are not discussed formally by nas and ijma ' , but must not conflict with the spirit of the passage as a whole . In contrast , al-Tuf i  used maslahah both in matters discussed by nas/ijma’ or not . As for the area of applying maslahah, both agree that maslahah is only used in the matter of mu'amalah.