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Application Maslahah in Credit Card

Maslahah: Literal meaning


By the literal meaning, Maslahah means interest benefit or advantage. It comes from arabic
root verb salaha/saluha, to describe something that turned into good thing or someone change to favor
manner (Kamali, 2007). When used as a noun, it means something considered good or useful (Rida, n.d.:
479). It also means the undertaking of endear ours which bring about individual as well as social utility
(Al-Munjid f al-Lughah n.d.: 432). Mafsadah (evil) and Madarah (harm) are two opposite words of
Maslahah. From above mention, word Maslahah can imply the public interest in wide meaning. Although
this word is not mention in Quran, however, the derivatives of the root word are widely used. The
opposite word such as fasada (corrupt) and zalama (did bad thing) are frequently stated in various ayahs
as the antonym of salaha. In contrast, word salih (good man) are often mentioned in many places in
Quran.

Technical terms
In the technical meaning, Maslahah is discussed and defined by scholars in broad meaning. It is
defined as preservation of the ends of Islamic law which mean the preservation of the objective. This
can be extracted from Imam Ghazali statement What we mean by Maslahah is protecting the objective
of Shariah which are preservation of religion, lineage, life, intellectual and wealth (Al-Ghazali, 1973).
From this sense, it can be implied that Maslahah is not only securing the benefit and protecting from
harm, but Maslahah also must be in line with the objective of Shariah. Furthermore, Ibn Qayyim, in his
economic point of view about Maslahah, opines that Maslahah would be considered in case of absence of
shariah law, and guide by public interest. However, this must conform to Maqasid shariah, and it should
be logical and reasonable, and its application should be based on repelling the harm or hardship.
According to jurist scholars, Maslahah definition illustrates the following meaning:
1. Maslahah must be conform with objective of Shariah (Maqasid Shariah)

2. The acts and their consequences are key factors to define goodness and evil, which
emphasize necessity for consistency between the process and the end. It also requires the
precise historic analysis of the human acts and its outcomes
3. In-depth analysis is needed in order to identify the actual Maslahah, and researches must
be performed accordingly by both specialists in that particular area and Muslim scholars to
confirm validation of Maslahah
All the mention above, it can be concluded that Maslahah convey the meaning of repelling the evil
and harm of the public which correspond with Maqasid shariah, not for the individual.

Classifications of Maslahah
The classifications of Maslahah have been discussed in various books by many scholars. It can be defined
into many approaches as following (Kamali, 2007)

First: The classification based on its legality


1. Acknowledged Maslahah. It is also called Maslahah Mutabarah: This Maslahah is acknowledged
and supported by Quran and Sunnah, and it becomes part of the Islamic law. This kind of Maslahah
cannot be rejected and must be followed. For example, Islam has order Muslim to protect their religion
thus everything that cause losing their belief is repelled

2. Neglected Maslahah or Invalidated Maslahah: This Maslahah is also called Maslahah Mulga. It is
Maslahah that Quran and Sunnah discard. There is mutual agreement between scholars that the law
enactment based on this Maslahah is nullified, therefore, any practice based on this Maslahah is also
denied. The typical example is practicing usury and interest in the society, though it is popular and
famous among the people, is neglected and disallowed in this case

3. Maslahah Mursalah: This type of Maslahah has been silent by Quran and Sunnah, and must be
identified by the skilled scholar and specialist. It is called silent Maslahah because there is no textual

evidences mention by Quran and Sunnah whether it is accepted or neglected. However, it still some
general proofs to support it. Strictly speaking, it is not based on the specific proof but on the general
evidence and the objective of Shariah (Maqasid Al-Shariah) to support it, and this is the reason why it is
called Mursalah which mean to be without the exact evidence to verify its approval or neglect
Many of the law enactment in the Islamic history are based on this Maslahah. Among the
example which can be illustrated is the legislation of first Azan for Jumaa prayer which was laid down by
Khalifah Usman. When Islam has spread to the other territories and the number of Muslim are larger,
Usman has decided to put another Azan in the Jumaah prayer due to some people who lived in the far or
rural area of Madinah might not be ready to come in time for Kutbah and prayer.

Second: The Classification based on coverage


1. Maslahah Ammah or Public Maslahah: This Maslahah benefits the entire society or the majority of
the society. For example, forbidding the usury is beneficial to everyone in the society

2. Maslahah Kassah or Private Maslahah: This Maslahah that bring about personal benefit and in the
same time, from that action, it gives also the benefit to the society which one belongs to.

Both, private and public Maslahah, are approved by lawgiver. This is the salient feature of Islamic
economic that superior than capitalism system which highlight only on the personal benefit and profit
maximization, and socialism which stultifies the individual and emphasizes on the public side. Shariah is
concerned the both based on the principle of checks and balances (Laldin, 2010)

Third: The classification based on the strength


1. Maslahah Zanniyah or presume Maslahah: This maslahah require knowledge involving to identify
the actual Maslahah. It also means Maslahah which come from ambiguous evidence or possible proof
2. Maslahah Qat Iyah or decisive Maslahah: Maslahah which is recognized by primary source of
Shariah, Quran, Sunnah, Ijmaa and Qiyas