INCLAR 2019 Conference

SHARIA LOCAL REGULATION IN THE REVIEW OF THEORY OF MASLAHAH
Soni Zakaria (a*) Agus Supriadi (b)

Department of Islamic Family Law
Faculty of Islamic Religion
University of Muhammadiyah Malang
246 Tlogomas Street, Malang-Indonesia


Abstract

This article describes the problems related to the application and implications of regional regulations or sharia regulations with some literature and reviews them in the perspective of theory of maslahah. This paper argues that some regional regulations that have sharia nuances aim at social control of the community and prioritize general welfare, while some of the sharia regulations are still lacking and far from the aims and objectives of establishing sharia regulations themselves and prioritizing the interests of certain groups and groups. This article also found that many local regulations that are not sharia-compliant actually have maslahah values in their application and their implications. Therefore the findings of this article state that regional regulations that have sharia nuances do not necessarily aim to uphold Sharia values. Whereas non-Sharia regulations actually have more Islamic values.

Keywords: Sharia Local Regulation, Maslahah

Topic: Islamic Law

Link: https://ifory.id/abstract-plain/KJYCFkuVzg4f

Web Format | Corresponding Author (Soni Zakaria,S.Sy. M.H.)