CONTEXTUALIZATION OF MAS} LAH}AH JASSER AUDA’S THOUGHT IN ISLAMIC ECONOMY

Mas}lah}ah based on the purpose of his day divided into two levels, namely; Mas}lah}ah the world and the Hereafter." Mas}lah}ah the world is the obligation or rule of Shara ' related to the laws of Muamalah instead (social and economic interactions). While Mas}lah}ah Hereafter is the obligation or restriction of Shara' about the rules of Aqidah (Tauhid) and Worship. Yasser Auda divided the Mas}lah}ah on the aspect of the need into three categories: (a) Mas}lah}ah al-Dlaruriyyah (primary benefit), (b) Mas}lah}ah al-Hajiyyah (secondary benefit) and (c) Mas}lah}ah al-Tah}siniyyah (benefit Tertiary). The concept of Maqa>s}id offered by Auda is identical with Mas}lah}ah and the view of the Ulama about Mas}lah}ah and all type. Jasser Auda defines maqāṣīd in four meanings, first, the wisdom behind a law. Second, a good end goal that the Law was trying to achieve. Third, the divine purpose group and the moral concept are the basis of Law. Fourth, maṣālih. In the maqāṣīd idea offered by Auda, values and humanitarian principles are the most important. Auda also tried to reconstruct the old maqāṣīd concept, which is protection and preservation in the direction of the maqāṣīd theory, which refers to development and rights. The implications of the application of maqāṣid al-sharī’ah. Using the maṣlaḥah instrument in the context of the Islamic economy in Indonesia are used to fulfil the needs of sharia policies in the economic sector which do not only revolve around Islamic banking matters.


INTRODUCTION
Science us} u> l fiqh appeared and developed along with the emergence and development of Fiqh itself. It's just that the bookkeeping of Fiqh became an independent science ahead of the bookkeeping of science us} u> l fiqh. Although in practice, the birth of Fiqh was actually through several processes. And this process is called us} u> l fiqh.
So us} u> l fiqh has existed since the time of Companions (after the Prophet), where they use the media ijtiha> d and ra'yu in establishing some legal problems that The researchers will not identify in the Qur'a> n and al-Sunnah. But their ijtiha> d are not based on standard rules or specific methods, but instead based on the understanding of the spirit or meaning of tashri> ' which they obtained during approximately 23 years with the Prophet (Arfan, 2008).
The understanding of the spirit of tashri> ' is a gift and their advantage. Because they live with the Prophet SAW, get guidance and education from the Prophet directly, live when the Quran is still revealed, know the causes of the revelation of the Quran, and others. All of which form a complete and powerful dhu> q (instinct) in understanding asra> r al-Tashri> ' (secrets or H{ ikmah-H{ ikmah Shar'iat) that will not be possessed by the generations after them quickly (al-Dawalibi, 1965).
For example, ijtiha> d Ali ibn Abi Thalib in determining the punishment of drunks, he said; ‫هذى‬ ‫شرب‬ ‫إذا‬ ‫إنه‬ , ‫إفرتى‬ ‫هذى‬ ‫إذا‬ ‫و‬ , ‫القذف‬ ‫حد‬ ‫يف‬ ‫ين‬ ‫املفرت‬ ‫حد‬ ‫حده‬ ‫و‬ "Surely the intoxicator when he drinks and gets drunk, then it will be inconsequential, and when it is inconsequential it will lie, then the limit (punishment) is like the limits of a liar (oath or false accusation)." If examined, the determination of punishment outlined Ali is the same as the method ma> l (Revert or refer) or sad al-Dhara> ' i, which is one of the several methods us} u> l fiqh. In essence, (al-Andalusi, 1997) ijtiha> d is based on several methods, it's just that they do not give their name, term, and methodology to the ijtiha> di.
Then after the time of companions, ijtiha> d continued to overgrow with the birth of several mujtahids at some time, different places and generations to form dhau> q or Contextualization of Mas} lah} ah….. 136

Tabel 1 Auda's Education
He wrote many books and articles in Arabic and English that revolved around the current Fiqh consolidation, especially in the study of Maqa> s} id al-Shari> 'ah. His latest book is Maqa> s} id al-Shari> 'ah as The Philosophy of Islamic Law: A System Approach, IIIT, 2007, which became the main study in this paper.

2
In his website autobiography, Jasser did not mention his place and date of birth. But in the author's guess, he was born in Egypt because his name and facial expression indicate that.
Then turn 360 degrees in the direction of his education to Islamic studies while studying in the West. But while studying mechanical engineering in Cairo attended weekly lessons at halaqah al-Azhar Mosque under the care of Shaykh Isma'il Shadiq al-Adawi between 2 In addition to the parent book above as the main reference in studying Jasser Auda's thoughts on the concept of Maqa> s} id, the author also studied other works of Auda that are still one theme such as some arabic-language articles titled Maqas} id al-Ahka> m al-Shar'iyyah wa Ilaluha> , Madkhal Maqas} idi li al-Ijtiha> d, and others. All traditions (madhhab) of Law in Islam agreed that the problem that is not found the answer in the Qur'an, al-Sunnah, and Ijma> ", is resolved through Ijtiha> d. The difference between these streams is only how the methods are used, or some of the streams use specific techniques, but others do not use them (Kabah, 1999 Shar'iat and the meanings of the text through specific rules in istinba> t} Islamic law and look in the eye at the Maqa> s} id stored in every legal text whereas Maqa> s} id is the primary purpose and objective of Fiqh. In other words, the author likens Maqa> s} id as a nut to be eaten, while the texts outwardly only its means skin (smooth) that is sometimes discarded by some people. (Auda.net, 2009) Terma Maqa> s} id is derived from Arabic, which is the plural form of the word intent, which means a plan, objective, principle, intention, purpose, the end goal. Maqa> s} id Islamic Law is the targets or intentions behind the Law. For some Islamic law theorists, maqa> s} id is an alternative statement for mas} a> lih or meaning benefit. (Auda Y. , 2007) Auda more agreed with the proposal ibn 'Ashu> r who proposed that Maqa> s} id stand alone as "science Maqa> s} idal-Shari'ah" by still allowing science Us} u> l Fiqh as a science that undermines the evidence fiqh. (Auda Y. , 2007) And the concept of Maqa> s} id developed by Jasser Auda is outlined in his book 3 In general, the idea of Ibn 'Ashu> r is almost the same as the discourse offered by al-Shathibi, only he has been instrumental in developing the discipline of Maqa> s} id shari'ah and making it as a new discipline separate from the science of Us} u> l fiqh, he was dubbed as the 'second teacher' after al-Shathibi was dubbed the 'first teacher'. He has succeeded in developing the theory of Maqas> } id which previously only focused on the study of juz'iyyah and kulliyah became wider, namely by widening the discussion of Maqa> s} id into 'Maqa> s} id sharia specifically about muamalat' in which to explore various issues of Maqa> s} id about Maqa> s} id family law, Maqas} id use of property, Maqa> s} id law and testimony andothers. Maqa> s} ide is al-Mas} alih al-Mursalah with three levels, namely: primer /necessities (d} aru> ra> t), under/needs (h} a> jiya> t) and tertiary/luxuries (tah} siniya> t)and the opinions of other scholars, such as al-T{ ufi> , al-Qara> fi> which although different editorial staff but the purpose and purpose are the same. Therefore, Auda also claims that between Maqa> s} id and Mas} lah} ah is the same. (Auda Y. , 2007) Auda more agreed with the opinion of scholars who divide Maqa> s} id into three main parts, namely general ('amma> h/general), specific (kha> s} s} ah/), and partial (juziyyah/partial). Maqa> s} id is a general-purpose (principle) that exists in all aspects of Shar'iat or as a whole, such as the principle of tolerance, ease, justice, and freedom. So Mas} lah} ah the primary -which includes the obligation to keep religion, soul, reason, nas} ab, wealth, and honour-it is included in this section maqa> s} id general. As for Maqa> s,} id special is some of the purposes of Shar'iat which is in one chapter/part of some chapters Shar'iat, such as the sanctions/punishment in the chapter jinaya> t (criminal) there aims to create a deterrent. While maqa> ṣ id partial id is sometimes a law or asra> r (secret) referred to by Shar'iat directly against a partial law, such as the purpose of rukhs} ah (lightening) not fasting for the incapable is to eliminate difficulties (Auda Y. , 2007). Contextualization of Mas} lah} ah….. 140 Of the three categories, maqa> s} id above, indeed the scholars have made a sequence of virtues (hierarchy) starting from Maqa> s} id primary as the first and foremost order, then the secondary and last tertiary. Similarly, in Maqa> sid primary, there is a sequence of hierarchy that has been made al-Ghazali> and follow the subsequent scholars in the following order: Hifz} (keeping); religion, soul, reason, descendants, and property are in the last order. The hierarchy illustrated with the mahra> m form (pyramid) as follows: Figure 1 Hierarchy of Mahra> m Form The hierarchy serves as a determinant in case of two or more Mas} lah} ah facing each other, as an option that should take precedence between the two. As it is permissible for a person to drink khamr by force even if it is contrary to the obligation to keep the mind (by not drinking khamr) because keeping the soul (so as not to be killed for refusing the compulsion to drink khamr) is in the second hierarchy while keeping sense is in the third order. Auda's view, al-Ghazali has violated the hierarchy when al-Ghazali> still prohibits adultery by coercion (rape), it means to have prioritized keeping the nas} al (descendants) from the soul, when the order of the soul is at number two, while nas} number four.
"IbnUmar ra said: The Prophet Muhammad (PBUH) said on the day of the war al-Ahzab: ("Do not one of you pray 'as} r except in the Jewish village of Bani Qurayd} ah"). So some of the companions of the Prophet (s) had found the time 'as} r in the street (before reaching the Banu Qurayd} ah), then some friends said: We will not pray before we achieve, and others say: we will still pray in the street. Then he pitted the matter on the Prophet SAW, and the Prophet did not blame or justify anyone. " Auda argues that Hadi> th above as clear evidence that it is permissible to observe the Law of Shariah taken from al-z} an al-Gha> lib (strong perception), may even establish a law 'amali'; (practical) based on the concept of Maqa> s} id taken through an understanding that is even contrary to the Alloh (cause) that appears textually. Because some of the companions who have ijtiha> d and understand that the purpose of the Prophet's words is to hasten to the destination (Bani Qurayd} ah) and not the command to pray 'as} r in Bani Qurayd} ah, then those who continue to pray in the street means it has been contrary to the outward orders of the Prophet SAW. And taqri> r-his Prophet SAW  (Auda Y., 2007).
In chapter three in telling the history of the birth of madhhab-madhhab Fiqh, which began from two main strongholds, namely: madrasah Hijaz (ahl al-Hadi> th) and madrasah kufah (Ahl al-Ra'y), until the emergence of various madhhab schools in istinba> t} law, Auda also criticized that most of the sect did not understand the concept of Maqa> s} id well like the companions of the Prophet SAW in establishing Law. Auda's criticism can be read clearly in the chart he created as follows: (Auda Y., 2007).
As for chapter five, Auda discusses contemporary traditions in the theory of Ma> near> Through some analysis of the example of the search case Alloh, Auda seems to have concluded that Alloh and H{ ikmah are the same, because Alloh the ta'aqquli> it is al-Ta'li> l bial-H{ ikmah, and H{ ikmah a law can undoubtedly be sought and accepted sense (ta'aqquli > ). But even above, Auda has tried to align between Alloh or H{ ikmah and Maqa> s} idin its extensibility to the existence of a law, but Auda still makes a feature to find   (Fuady, 2005).

Contextualization Maṣlaḥah in Islamic Economy
From the analysis that the author did to the thinking of Auda above and some As a source of Islamic Law, in discussing Mas} lah} ah, in general, the scholars first review it in terms of whether or not the testimony of Syara' against it, whether it is to recognize it as al-Mas} lah} ah or not.
In this case, the number of scholars divides into three kinds, namely: a) Mas} lah} ah that there is a testimony syara' in acknowledging its existence, namely Mas} lah} ah mujabah (mu'athirah) and mu'a> limah, this incarnates into the basis in Qiya> s, because the same with al-munas} ibin the discussion of Qiya> s, which is a natural trait in the form of benefit, which is found in a legal case, can be measured and reasoned, is one of the characteristics in knowing Alloh law to do Qiya> s. All scholars agreed to say that Mas} lah} ah this kind of h} ujjah (can be used as a source of Law); b) Mas} lah} ah that there is a testimony syara' who canceled it (reject it), Mas} lah} ah this -known as mas} lahah mulgahis false means can not be used as h} ujjah or legal source because it is contrary to the nas} } ; c) Mas} lah} ah that there is no testimony syara' either in admitting it or rejecting it in the form of a certain nas} } } . This is known as Mas} lah} ah mursalah.
In that, al-Ghozali added three conditions for Mas} lah} ah the third type above can and fundamental values, such as justice and freedom, and deduced from a review of fiqh literature, not referring to the source or script (Auda Y. , 2007).
The following are some of the offers of maqāṣīdal-syarī'ah concepts offered by Jasser Auda, namely: a. Levels of maqāṣīdal-syarī'ah Contemporary scholars' divide maqāṣid into three levels, namely maqāṣidāmmah (general maqāṣid or general objectives), maqāṣid khāṣṣah (specific maqāṣid or specific goals) and maqāṣid juz'iyah (partial maqāṣid or partial plans). Maqāṣid'āmmah is public values and meanings that exist under all tasyrī conditions or in most of them, such as justice, freedom, justice, and convenience.
Maqāṣid khāṣṣah is maslahāt and values that want to be realized in a particular chapter in Sharia, such as the goal of not degrading and endangering women in the family system, frightening society and the deterrent effect of giving punishment, eliminating gharar (obscurity) in mu'amalāt, and others. While maqa> ṣid juz'iyah is the goal to be realized in specific legal requirements, such as the purpose of honesty and memorization in the provisions of the testimony, eliminating the difficulty of the Law, whether to not fast for people who are unable to fast because of illness, traveling or other. The classical scholars arranged maqāṣīdal-syarī'ah in pyramidal levels, starting from maqāṣid'āmmahas the center and then branching into maqāṣid khāṣṣah and finally maqāṣidjuz'iyah. Then from the other side starting from al-ḍarūriyah, ḥājiyah then tahsīniyah. They arrange an order of priority if there is a conflict between maqāṣids one another. A stronger priority is given, namely prioritizing the protection of religion over the soul, mind, etc. Although this theory seems simple, it turns out that applying this theory, in reality, is very difficult and complicated. There emerged other views among contemporary scholars such as Jamaludin' Atiyah and Jasser Auda, which differed from the aforementioned classical arrangements.
They argue that maqāṣidal-syarī'ah with all its levels is not a pyramidal structure, in which the maqāṣīd is divided between the top and the bottom. Still, it is a circle thatmeets and intersects (dawāir mutadākhilah wa mutaqāṭi'ah), whose relationships are related to one another (Auda Y., 2007).  Thus this development could only be achieved in conformity with the maqa> s} id al-sharī> 'ah through the maṣlaḥah instrument. This implies the necessity for Islamic economic actors to develop products based on overall welfare and a larger perspective from the maṣlaḥah framework and not just focusing on normative legal forms. With careful analysis, it can be seen that current Islamic economic practices are, in most cases, not up to the standards required by Sharia. For example, many Muslim economists prefer equity-based instruments and place greater responsibility for social welfare and religious commitment to realize maqa> s} id al-sharī> 'ah for equitable distribution of wealth and promote economic development and growth. In contrast, most of the Islamic economic policies in Indonesia only revolve around Islamic banking. Therefore, currently, one of the biggest challenges in producing Islamic economic policies that are solutive and following Sharia is maqa> s} id al-sharī> 'ah (Al-Mubarak, 2020).
For example, in a conceptual framework of waqf, it is found that in the classical waqf literature, the two most disputed aspects of waqf jurisprudence constituted the requirements for completion of a waqf and its ownership status (Mohammad Abdullah, 2020). That's why legal principles such as maslaḥah, was an important legal tool that Muslim reformers invoked to work out a comprehensive methodology to bridge the gap between the past and the present on the one hand and legal theory practise on the other (Barzegar, 2019).

CONCLUSION
Between ijtiha> d and maqāṣīd al-sharī'ah cannot be separated. Ijtihad, in essence, is an effort to explore syara'law optimally. The attempt to examine Shara's Law is successful if a mujtahid can understand maqāṣid al-sharī'ah. Therefore, knowledge of maqāṣīd alsyarī'ah is one of the requirements of a mujtahid. Jasser Auda tried to offer a modern fiqh concept based on maqāṣid al-sharī'ah. In Jasser Auda's view, Islam is a religion that upholds human values. Islam is also a concept religion that seeks to provide solutions for human life to be harmonious and balanced. This is what Jasser tries to raise how a system concept can regulate the lives of Muslims so that they run according to the rules and provide benefits to humans. Jasser Auda defines maqāṣīd in four meanings, first, the wisdom behind a law. Second, a good end goal that the Law was trying to achieve. Third,