Al-Būtī's Thoughts on Maslāhah and Its Application in the Fatwa of World Fatwa Institutions

Abstract

This study aims to explore and analyze al-Būtī's thoughts on maslāhah (public interest) and its application issued by world-prominent Fatwa Institutions, namely Dār al-Iftā al-Misriyah in Egypt, Dār al-Iftā al-'Irāqiyah in Iraq, and al-Majlis al-Islamī al-Sūrī in Syria. The research adopts a normative method, employing conceptual, literary, and sociological approaches that is analyzed descriptively. The findings of this research focus on the application of al-Būtī's concept of maslāhah to the online marriage contract fatwas issued by the aforementioned Fatwa Institutions. The results indicate that these fatwas do not align with a credible interpretation of maslāhah within Islamic law. Further, it can be seen that two key points support this conclusion: (i) they contradict the maqāsid sharī'ah (objectives of Islamic law), particularly the highest objective of preserving religion (hiz al-dīn), and (ii) the urgency of maslāhah in the context of online marriage contracts varies and cannot be universally applied. This research contributes to the enhancement of fatwa decision-making processes in Indonesia.