APLIKASI AL-DZARÎ’AH DAN AL-HÎLAH PERSPEKTIF HUKUM ISLAM

Abstract

The study of maqashid syari'ah has interrelatedness to the study of sadd al-zari'ah, because sadd al-zari'ah represents a method used to create and maintain maslahah and in the same time to avoid mafsadah. Creating and maintaining maslahah in its various forms is one of Islamic law objectives. Various opinions emerge relating to the validity of sadd al-dzari'ah and al-hiilah as the reason of law (hujjah). On the other hand, to give an appropriate solution for many contemporary cases, the application of sadd al-dzari'ah and al-hiilah is definitely required. So, the application must has the knowledge of Islamic religious as a basis, free from ungodly passion, full of carefulness (ihtiyath),  and should be driven by the conviction of faith and taqwa in order to realize the obedience to the Creator