#2 Understand and Analyze the Concept of Maqasid Shari'ah, Its Role and Function in Determining the Law; Understand and Analyze the Concepts of Taqlid and Talfiq Along with the Procedures and Conditions

REVIEW OF MASAIL FIQH
Fiana Shohibatussholihah - 16110067
UIN Maulana Malik Ibrahim Malang

1. Maqasid sharia comes from the word maqasid (plural forms of maqsud which means intent or purpose) and syari'ah in language means المواضع تحدر الى الماء which means the road to the water source. This road to water can be said as a road to the main source of life.
2. Maqasid sharia or the ultimate goal of jurisprudence is to achieve the pleasure of Allah SWT; by implementing the Shariah on this earth, as a guideline for individual life in a family life, as well as living in a community.
3. Maqashid al-Shari'ah in the sense of Maqashid al-Shari', contains four aspects. The four aspects are:
   • The initial goal of the Shari'ah is the benefit of humans in the world and the hereafter.
   • Shari'a as something that must be understood
   • Shari'a as a taklif law that must be done
   • The aim of the Shari'a is to bring it under the auspices of the law
4. The essence of maqasid is benefit. Benefit in taklif can be in the form of two forms, namely essential and majazi benefit. Benefit of kakiki is direct benefit in the sense of authority, while majazi is a form of benefit which is a cause that brings benefit.
5. The purpose of the concept of maqasid syari'ah is to guarantee, provide protection and preserve the benefit of humans in general, especially Muslims.
6. The protected aspect includes three things: 1. Maslahah Dharuriyat (primary needs) 2. Maslahah Hajiyat (secondary needs) 3. Maslahah Tahsiniyat (supplementary needs).
7. The purpose of God to give His law is to preserve the benefit of mankind both the world and the hereafter. Based on the research of ushul fiqh experts, there are 5 main elements that must be maintained and realized, namely: maintaining religion (hifzh al-din), maintaining the soul (hifzh an-nafs), maintain reason, (hifzh al-`aql), maintaining offspring (hifzh an-nasb), and maintaining property (hifzh al-mal).
8. Some of the benefits enforced by maqashid al syar'iyah as a preventive measure against crime and as a shield
9. The word "taqlid" comes from the Arabic language "qallada", "yaqallidu", "taqlidan" which means to imitate. According to the taqlid language that follows the opinions of others without knowing the source or reason, as for people who are allowed to pray, lay people (people ordinary) who do not understand how to search for the Shari'ah law or those who have no reason for Alqur'an, Hadist, Ijma ', and Qiyas. The word "talfiq" is to bring a way (in worship or mu'amalah) which has never been stated by mujtahid scholars. That is, bertaqlid to the schools of thought and take (combine) two opinions or more in one problem, which has rukun-rukun and branch branches.
10. The scholars divided the taqlid law into three, namely: Haram, be allowed, and required.
11. Ulama Jumhur classifies Talfiq into two types, namely: Talfiq is allowed and Talfiq which is not allowed.
12. ·         Terms of taqlid can be seen from two things, namely:
    • Requirements for people to practice, it is ordinary people or people who can not understand the ways to know Shara law. He may follow the opinions of others who better understand the laws of the shara and practice them.
    • Terms that are obeyed, the conditions that are agreed upon are sometimes the laws relating to syara. In the law of reason it is not permissible to believe in others, such as knowing the existence of the Essence that creates nature and its characteristics. Likewise other sense laws, because the way to determine these laws is reason, and everyone has reason.
13. The ulama 'fiqh agree that the scope of this talfiq is limited to the problems of furu`iyah ijtihadiyah dhonniyyah (branches of fiction of ijtihadi which are still approximate). As for the problem of ushuliyyah (basic religion) such as the problem of faith or aqeedah it is not the scope of Talfiq.