المقاصد الشرعية وأثرها على تطور الفتوى في أحكام المبيت بمزدلفه

Maqasid al-Syari‘ah and Its Impact on the Development of the Fatwa on Mabit at Muzdalifah

Abstract

Maqasid al-Syari‘ah occupies an important position in Islamic jurisprudence. This is because Islamic law is built on the basis of attainment of maslahah (good) for mankind in this world and in the hereafter and warding off mafsadah (destruction). The emergence of new fatwas, especially those surrounding haj rituals, has given rise to the need to understand the maqasid behind the issuance of a fatwa. This article attempts to explain the meaning of maqasid al-syari‘ah and fatwa, the relationship between fatwa development and maqasid al-syari‘ah and the implications on the laws of mabit at Muzadalifah. Upon analysis of relevant documents, data regarding fatwa on mabit at Muzdalifah was collected and a descriptive analysis was completed to fulfill the objective of discussion of this subject. This article concludes that the new fatwa on mabit at Muzdalifah which is based on the maqasid al-syari‘ah, is to safeguard the well-being of haj pilgrims which increases in number from time to time. Fatwa on the fall of duty of mabit at Muzdalifah is due to the overflowing numbers of pilgrims and the occurrence of congestion at Muzdalifah. If the law is not enforced, it is feared that congestion will threaten the lives of haj maqasid al-syari‘ah which refers to the basic needs to ensure safety and continuation of humanity.