SADDU AL-DZARI’AH MUAMALAH

Abstract

Abstract

       This study aims to see how the source of Saddu al-Dzariah's Islamic law in muamalah. Because Islamic law does not only regulate human behavior that has been done but also has not been done. This does not mean that Islamic law tends to curb human freedom. But because indeed one of the objectives of Islamic law is to realize benefit and avoid damage (mafsadah). If an action that has not been carried out is suspected to cause damage (mafsadah), then the things that lead to the action are prohibited. The research method used is library research. Discussion includes: the understanding of saddu al-dzar'iah, position, provisions and groupings, differences of opinion between ulama and saddu al-dzari'ah in muamalah. The hanafiyah and hanabilah ulama can accept it as fath Az-Dzari'ah, while the Syafi'iyah cleric, Hanafiyyah and some Malikiyyah call it the Muqaddimah, are not included as the dzari'ah rules. But they agreed that it could be used as evidence. Saddu al-zari'ah, the legal stipulation always emphasizes the superiority of benefits and avoids kemufsadatan. This is to anticipate a life attitude that is not commendable in the community.

 

Keywords : Saddu al-dzari’ah, muamalah, Islamic law