Maslahat (Benefits) in Fiqh Awlâwiyât: A Comparison between Yûsuf al-Qarâdhawî’s View and Abdus Salam Alî al-Karbulî’s

Abstract

This article examines and compares the concept of maslahat in the Fiqh Awlâwiyât (fiqh of priority) in the view of Yûsuf al-Qarâdhawî and Abdus Salam Alî al-Karbulî. The aim is to find similarities and differences between the two views. Fiqh Awlâwiyât, which places maslahat as an important reference in determining the scale of priority, can be used to solve contemporary problems. Unfortunately, there are not many studies that discuss this in depth. This article is part of the results of normative legal research with a comparative approach. Data were collected through literature studies and analyzed using descriptive-comparative analysis techniques. This article finds similarities between Yûsuf al-Qarâdhawî's thought and Abdus Salam Alî al-Karbulî's in determining the types and levels of maslahat needed in the scale of priority. In constructing Fiqh Awlâwiyât, the two figures above are based on Fiqh Muwâzanât. The difference in their thoughts lies in determining the scale of priority. Al-Qaradhawi uses the rules of fiqh, while al-Karbulî uses the al-Ta’ârudh method. However, the substance of their thoughts is similar and interrelated. Thus, it can be elaborated in the context of developing Fiqh Awlâwiyât.