The Concept Maslahah of Najamuddin al Tufi and It's Relevance of Sharia Business

Al-Tufi is one of the maslahah figures. al-Al-Tufi defines maslahah based on two things, in urf and shar'i, while in urf is a factor that leads to goodness and benefits. Like trading that brings profit. While according to shar'i maslahah is a causal factor that leads to the intention of lawmakers in matters of worship, as well as customs. The rationalization effort based on the spirit of shar'i arguments in its dialectical form delivered Al-Tufi's thoughts towards the re-actualization of Islamic law in the field of muamalah which was more applicable and found a significant momentum. Considering the need for renewal of Islamic law based on public benefit is more pronounced in this modern era especially in business, with this Al-Tufi method, Sharia business law will be dynamic and progressive again. Is not the Islamic Sharia down to earth with the aim of achieving human maslahah.


Introduction
Al-Thufi Trying to get out of the bondage of the nash (Bayani) towards the rationalist-objectivismoriented burhani. This is what is then called the shifting paradigm.
Based on the hadith ‫ال‬ ‫ضرار‬ ‫وال‬ 1 ‫ضرار‬ seems to be a pile of forces Allaah 'anhu, in fact the Prophet sallallaahu'alaihi wasallam said: "You must not do acts (mud} arat) that harm yourself capable of changing mindsets that can be said to be radical and liberal. This liberal and radical character then made Al-Thufi accused as adherents of mu'tazilah. It would not be an exaggeration to say that Al-Thufi has sublimated the bayani 2 and bpppurhani traditions as well as a frame for finding benefits. Thus Al-Thufi clearly distinguishes which teachings are technical and which teachings are objective. Because of the purpose, it takes precedence over the technical nature. While benefit is the goal of Islamic law. So when there is a contradiction between the texts and ijma 'on the one hand and the problem of the and others". Mother' Abd Allah Muhammad bin Yazid Ibn Majah al-Qawini, Sunan Ibn Majah, Beirut,t.th,Juz VI,p. 88. 2 According to Mohammad Abid al-Jabiri the epistemology of Islam is divided into 3 types. First is Babani epistemology, second is Burhani epistemology, third is Irfan epistemology.
Bayani is an epistemology that tries to understand and analyze texts in order to get the meaning that is pronounced lafaz. In other words this epistemology wants to bring out the meaning of zahir and 'pilgrims who are zahir too. It is expressed through texts by looking at the relationship between lafaz and meaning. The Burhani epistemology is an epistemology obtained from the senses derived from the experiments of the laws of logic. He makes the text and reality and the relationship between them as a source of study. While the epistemology 'Irfani relies more on instruments of inner experience in wear, sal, and intuition. This epistemology is used by the Kasyafi school of thought. Muhammad Abed Al-Jabiri, Bunyah al-qAql al- 'Arabi, Beirut: al-Markaz al-Tsaqafi al-Arabi, 1991, p. 245. other side, then al-Tufi puts the mashlahah over the texts and ijma'.
More than that paradigmatically the statement ‫تقديم‬ ‫المصلحة‬ ‫علي‬ ‫النص‬ ‫واإلجماع‬ seems to be a trademark that also confirms the position of al-Tufi in favor of the maslahah. At the same time substantially relying on the hadith ‫ال‬ ‫ضرار‬ ‫و‬ ‫ال‬ ‫ضرار‬ in the form of the spirit of this tradition reflects that al-Tufi still exalts the text as its basis and not abandon it let alone eliminate it. The methodological framework used in solving this problem is takhsis and tabyin, not tarjih, nasakh or istisna '. Takhsis here is understood in the context of turning from universal texts to more particular texts. In such circumstances it is closer to the inauguration and elimination effort.
Furthermore, the rationalization efforts based on the spirit of the hadith above in its dialectical form deliver the thought of al-Tufi towards the reactualization of Islamic law in the field of muamalah which is more applicable and finds a significant momentum. Considering the need for renewal of Islamic law based on public benefit is more pronounced in this modern era especially in business, with this al-Tufi method, Sharia business law will be dynamic and progressive again. Is not the Islamic Sharia down to earth with the aim of achieving human maslahah. Are not the rules of fiqh proposal that were compiled based on the purpose of maintaining the maslahah.
Little information that can be known about al-Tufi's life has been researched and published by Mustafa Zayd. 4 It seems that the important thing is his ability to free himself, to a noteworthy level, from the influence of traditional schools of law, especially from their criticism and hatred of critical reason and neglect of the universal principles of the Koran, such as protection of benefit human. However, he was born and 3 Mustafa Zayd, al-Mas}lah}ah fi al-Tasyri>' al-Isla>mi al-Di>n al-T}ufi, ed 2 , Kairo, Da>r al-Fikr al-'Arabi, 1384H/1964 educated as a Muslim of the Hambali school whose followers are especially famous for his strong aversion to reason and his animosity towards independent free thinkers. The conspiracy against al-Tufi by ulama or jurists appears to have occurred because his respect for reason was seen as challenging the legitimacy, authority, truth or authenticity of the basic assumptions of their schools of law, especially their assumptions relating to the Sunnah of the Prophet, therefore, the oppression and torture of the mind and its defenders, since the days of al-Mutawakkil (d. 247 H / 861 AD), seems to have made it possible for scholars and schools of law to force their opinions to be followed by sheer force. which, respectively, was given to them, apparently in return for their cooperation with the authorities, especially for their de facto justification of the power struggle. Indeed, some Muslim fiction that is hostile to the usurpation of power by the Umayyads and 'Abbasids, or those who defend the rules of reason or justice, which is in accordance with the principle of universality of the Koran, has been branded, via traditions, as adherents of heresy and enemies. enemy of Islam and may be sentenced to death.
But al-Tufi was formally accused by the ulema as followers of one of the frictions, the Shi'ah and then stated to the political authorities that he did not recognize the legitimacy of the power they seized and also the struggle for political power that he did not recognize the legitimacy of the power they seized and also the struggle for power of dynasties or conquerors of the past, and only follows the legitimacy of the rule of the fourth Caliph and his descendants.
This accusation appears to have been intended by his enemies to show that he did not recognize their own laws or religious justifications for the legitimacy of the ruling regime and did not accept the validity of the sources on which the justifications were taken, namely the Sunnah of the Prophet.

Al-Tufi's Education and Work
al-Tufi is a well-known figure as a lover of knowledge. Aside from being famous for being smart, al-Tufi is also known for his rote memorization. He proved his love for science with his adventures in learning various scientific disciplines in various places from the famous scholars in his day. Among the fields of science he concentrated on were commentaries, hadith, fiqh, mantiq, literature, theology, and so forth. Whereas the places he had visited in his scientific adventures were Sarsari, Bahgdad and Damascus, who at that time were known as prominent ulama. 5 At a young age, al-Tufi learned the slander of his birth, studying and memorizing the book of fiqh Mukhatasar al-Khiraqi by Umar Husein bin Abdullah bin Ahmad al-Khiraqi and al-Tufi also studied the book of nahu al-Luma 'by Abu al-Fathi Usman bin Jani. 6 After that he often went to Sarsar to study jurisprudence at Shaykh al-Din bin Muhammad al-Sarsari, one of the faqih of the Hanbali school known as Ibn al-Bauqi. After

The Concept of Maslahah Najm al-Din Thufi and Its Relevance to Sharia Business Understanding Maslahah
In order to understand correctly about maslahah, it is necessary to pay attention to the development of its meaning, both etymologically and terminologically. The etymological meaning of maslahah has two very different meanings. 13 First, maslahah has the same meaning as the benefits both in meaning and in the use of lafaz. Maslahah is sometimes in the form of mashar ‫الصالح‬ or ‫.الصلوح‬ maslahah is a form of ‫مفرد‬ from ‫.المصالح‬ 14 Second, etymologically used maslahah for actions that contain benefits, in majaz mursal, such as trading maslahah, seeking knowledge}}.  15 According to 'Abdillah M. Husayn al-'Amiri, the word maslahah from the word ‫الصالح‬ (goodness, usefulness, validity and truth), which means that something is in perfect form (hay'ah kamilah) in accordance with the goals or objectives referred to, as the pen is in its most appropriate (salih) shape when used for cutting. 16 While etymologically the problem, to dissect this definition, there are two figures that the author quotes in this paper. a. Al-Ghazali He is a thinker from the Shafi'iyyah formulation of maslahah as "an effort to take advantage and reject harm in order to maintain the goals of shari'ah. 17 b. Al-Tufi Al-Tufi defines maslahah based on two things, namely in urf and shar'i, while in urf is ‫المؤدي‬ ‫السبب‬ ‫مقصود‬ ‫إلي‬ ‫المؤدي‬ ‫السبب‬ ‫الشارع‬ 19 ‫عادة‬ ‫أو‬ ‫عبادة‬ causative factors that lead to the intention of law makers in the origin of matters of worship or customs (habits). Maslahah is divided into two: described by lawmakers for their own sake. As beautiful as intended by lawmakers for the benefit of His creatures and the regulation of their affairs as is customary.
In another source, it is stated that in al-Tufi's view the maslahah is also defined as taking advantage and resisting danger. 20 As for what is desired by the benefits here according to Imama al-Razi is pleasure and desired damage is pain. He further said that: "The problem is nothing but pleasure or everything that delivers to him and damage is nothing but pain or everything that delivers to him. 21 Starting from a little building formulation masahlah both in terms of etymology and terminology perspective above, can be built or conclusions understanding that maslahah which is an instrument or method of operationalizing ijtihad can be digested as a legal determination of a case that is completely lonely and quiet from the provision of texts with and for consideration for the benefit of human life which results in withdrawing benefits and eliminating kemudharatan.

Al-Maslahah As The Peak Purpose Of Sharia
Protection of human benefit, according to al-Tufi is the main goal of Islam or the main source of its goal (qutb maqsud al-Syar'i). Protection and affirmation of it in legal matters, therefore take precedence over other legal considerations. That is, it has priority over all traditional sources of Muslim schools, including the text of the Koran, the Sunnah or the traditions of the Prophet, or ijma', both from Muslim communities and or experts in the schools of law which actually never happened in history. 22 This view, which seems to rule out the existence of this text, is in conflict with the ulama of fiqh in his time. According to the opinion of the ulama at that time, any form of maslahah must have the support of syara', both through certain texts and through the meanings contained in a number of texts. Al-Tufi's seemingly liberal view caused him to be estranged from the scholars of the fiqh proposal of his time. However, his thoughts about this maslahah were widely studied and analyzed by the scholars of fiqh proposal afterwards and many gave birth to doctors in Islamic studies.
Al-Tufi explains, wherever religious texts or 'ijma', two things which in theory are the strongest source of traditional law, are not in harmony with human benefit, human benefit must be prioritized from both. 23 This is because human benefit is basically a goal in itself. As a result, his protection becomes the highest legal principle or the most powerful source of law. 24 Al-Tufi's view of the benefit of humanity is obedient to the conception of maqasid al-tasyri 'which confirms that the law is prescribed to realize and maintain human benefit.
Furthermore, al-Tufi shows the benefit of law or worldly life can be known through natural ways given by God to him, namely by the nature of the experiences of human life itself and by the demands of its own intelligence. This natural way, al-Tufi stated, is the most convincing method of understanding and achieving goals. Therefore, he cautioned, the problem should not be replaced by other dubious methods or sources that might lead to human benefit. Because, something that must be followed as an authority, al-Tufi stated, is not the conclusions of the jurists, or their interpretations of "religious texts", but strong evidence of reason and visible propositions. 25 In other words, the highest law of the benefit of law or worldly life is not "religious texts" or the conclusions of jurists about it but the demands of reason and intelligence in human life itself.
Related to this al-Tufi emphasized: "it cannot be said that religious law (as stipulated by the schools of law) knows better about the benefit of humans, and as such, it should be taken from its sources (as determined by them). Because, we have shown that the protection of human benefit is one of the principles of religious law (religious texts). It is the most powerful and unique principle. Therefore, giving priority to him to achieve benefit." 26 Unlike the benefit of law and human worldly life, al-Tufi allows the benefit of religion and matters of worship to be decided or guided by religious texts.
The notion of al-al-Tufi maslahah is not integrated specifically in the book of fiqh. The idea was born when al-Tufi validated hadith number 32 in the book Arbai'in Nawawi by Yahya Ibn Syarifuddin al-Nawawi. 27 From this discussion then gave birth to an idea that could be said to be a radical liberal so that it was not excessive if there were ulama us} ul who wrote about him who considered that al-Tufi was a figure that was rarely encountered even before anyone had even proposed it from among previous thinkers or his time.
The hadith in question is ‫ال‬ 28 ‫ضرار‬ ‫ال‬ ‫و‬ ‫ضرار‬ (do not cause harm or damage to others and do not reciprocate a loss with other losses). This hadith is used by al-Tufi as textual evidence (argument) for the existence of mas} lah} ah. Thus it can be understood that the above hadith is also used as a paradigm of the style of thinking of al-Tufi both from the theoretical plain and its application.
Al-Tufi's argument does not rely on the hadiths mentioned 28 The above hadith is narrated by Abu Sa'id Ibn Malik Ibn Sinan al-Khudri ra. The quality of the above hadith is hasan which is narrated with the complete chain of transmission (sanad) by Ibn Majah, al-Darulqutni, and others, but without mentioning his first narrator (mursal) by Imam Malik Ibn Anas in Muwatta ', from' Amir Ibn Yahya from his father, from the Prophet, by not mentioning the name 'Abu Sa'id Ibn Malik Ibn Sinan al-Khudri ra. there are a number of other transmission routes that are mutually reinforcing. See Malik, Muwatta ', Egypt, Dar Ihya l-Tsurats al-"rabbi, t.t., II, p. 754. Sunan Ibn Majah, Beirut: Dar al-Fikr, t.t., II, p. 784, Hadith No. 2340. above, but there are also a number of propositions that indicate the concern of the sharia 'towards the maslahah. The postulates are: a. The word of God in surah al-Baqarah (2): 179.  However, the ratio indenpedence in finding maslahah is not in all fields including worship, al-Tufi limits the area of Muamalat and customs. This principle puts forward the role of this ratio clearly different compared to the other usuliyyun who recognize maslahah as a source of law after being shown by law and justified by the text.

Maslahah is a valid shari'a proposition that is independent of the text.
This principle is a continuation of the above principle, from this expression it can be understood that in the view of at-Thufi, Maslahah is an independent syar'i proposition. In the sense of Maslahah al-Tufi does not have a dependency on the testimony or confirmation of the text.

‫هو‬ ‫بالمصلحة‬ ‫العمل‬ ‫مجل‬ ‫العبادات‬ ‫دون‬ ‫العادات‬ ‫و‬ ‫المعامالت‬
The object of the Maslahah discussion is the Muamalat Field and the kebiasaan adat (customs) not included in the Worship field.
Maslahah as the syar'i proposition the object of the claim is limited to the field of muamalah and 'adah. Thus maslahah according to al-Tufi cannot touch in the area of ritual (worship). In the field of worship according to al-Tufi, only Allah Almighty has the right. Here reason has no authority. In other words, reason only continues the sustainability aspect of worship itself. While aspects of the change are in the muamalah and adat areas. This is composed by the expression al-Tufi which states as haqqu al-musyari. This means that for al-Tufi human reason is unable to penetrate the secret of the Maslahah behind worship.
Al-Tufi admitted that there were nineteen propositions that could be used as legal methods. But in the eyes of al-Tufi the most powerful of the nineteen are texts and ijma '. But when there is a conflict between maslahah with texts and ijma ',' the path taken by al-Tufi is to win the maslahah. From this reality, it can be understood that as a legal proposition, it is not only functional when the texts and ijma do not confirm it. But it is also functional when the texts and ijma '' conflict occur. This indicates that al-Tufi is more concerned with maslahah compared to other propositions. In such circumstances, Husein Hamid Hasan concluded that the problem for al-Tufi was the most powerful syar'i proposition. 33 It seems that Husein Hasan Hamid's assessment is not excessive considering that maslahah is an objective in Islamic legal legislation. While the texts and ijma are the 33 Husein Hamid Hasan, Nazariyyah al-Maslahah fi al-Fiqh al-Islamy, Cairo: Dar al-Nahdhah al-abiArabiyyah, 1991, p. 535. means to achieving that goal. So if there is a conflict between and nas} ijma 'on the one hand with the maslahah on the other hand, the maslahah must take precedence because the goal is more important than the means. While the texts and ijma 'are nothing more than a means to an end in itself namely benefit. This reason seems to coincide with what al-Tufi revealed "because maslahah is the goal of a mukallaf in establishing the law, then putting aside the proposition as a means of maslahah (as a goal) becomes urgent because the goal must take precedence over the means.
From this it can be seen that the tendency of al-Tufi to prioritize the maslahah compared to the arguments is very obvious. Thus it can be analyzed that the problem here is to act as the substance of the law itself. Whereas the texts and ijma and other propositions become the role of means to achieve the substance itself.
Al-Tufi's epistemological footing above has its own uniqueness compared to other propositions. For example, for example, with al-Syatibi who indeed from the beginning developed his problem with his istiqra meaning model and his al-Shariah maqashid. As for al-Ghazali who made the mas} ah} the ah is still very thick in the shar'i frame. However, al-Tufi here has a different side diametrally when discussing the epistemological backrest, given that in establishing Islamic law, the involvement of reason in establishing law in al-Tufi's thought gets its portion significantly.

‫منوط‬ ‫الرعية‬ ‫علي‬ ‫اإلمام‬ ‫تصرف‬ ‫بالمصلحة‬
The actions of the Imam (the authority holder) towards the people must follow the benefits. 35 7 .

‫الضرر‬ ‫يزال‬
The kemudharatan must be eliminated. 36 34 Ahmad al-Nadwi, al-Qawaid al-Fiqhiyyah, Beirut: Dar al-Qalam, 1420 H / 2000 CE, p. 288. ‫:الضرر‬ there is a benefit for oneself for others to make it easy, ‫:الضرار‬ there is no benefit for oneself and for oneself and for others to make it easy. 35 Al-Syuyuthi, al-Ashbah wa al-Nazha'ir, tahqiq: Muhammad al-Mu'tashim bi Allah al-Baghdadi, Beirut: Dar al- Kitab al-rArabi, 1978, p. 240. 36 It is a basic principle, see A.Jazuli, Rules of Islamic Law Solving Practical Problems, Jakarta: Pranada Media, 2000, p. 33. There are several derivative rules from the above basic principles of faith, namely: