COMPARATIVE STUDY OF THE THEORY OF ABU HAMID AL GAZALI MASLAHAH AND JEREMY BENTHAM'S UTILITY

SYAIFULLAH, NIM.: 05360012 (2011) COMPARATIVE STUDY OF THE THEORY OF ABU HAMID AL GAZALI MASLAHAH AND JEREMY BENTHAM'S UTILITY. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Writer thinks that maslaha mursalah is defined as utility, Maslaha can serve as a basis for rulings if it is supported by some legal proof such as Al-quran, Sunnah, and Qiyas. Maslaha is the same concept as utility found in the legal etymology which we can understand from this exploration that such as: first, the happiness sought here depends on human desires or reason. The pursuit of such happiness may or may not coincide with the form of benefit/Manfa'ah intended by the shari'ah. Second, the emphasis on the form of happiness will always be on the collective utility. Third, Pursuit of pure utility may ultimately lead to the economic analysis of law which may or may not suit the goals of the Shari'ah. both come, then, from philosophical different civilization. In the modern era, some philosophers always discuss both concepts on justice and human rights discourse. So writer is interested to do comparative study of both concepts. In this research, the writer uses analytical content used to analyze the idea of Abu Hamid al-Gazali in Mustasfa book and idea of Jeremy Bentham in book of Introduction to the principle of legislation and morals. In the theoretical framework, the writer uses philosophical approach. Meanwhile, writer analyzes the concept by using description and critical evaluation in philosophical approach. By using description and critical evaluation writer can compare both concepts and find the similarities or differences comprehensively. Then writer get the excess and weakness from critical evaluation. From this research, Maslahah is actually an expression for the acquisition of manfa'ah (benefit) or the repulsion of madarrah (harm). Maslahah expressed that acquisition of manfa'ah and the repulsion of madarrah represent human goals, but Maslahah the preservation of the aims of the Shari'ah. we see that it is very different from the understanding of utility/benefit. Three things are obvious from the statements: first, Pursuit of human goals and the principle of utility based on human reason is not what by means maslahah. Second, Maslahah is the securing of goals or values that the Lawgiver has determined in the Shari'ah. Third, Goals determined for the Shariah by the lawgiver may or may not coincide with values of human reason. And both concepts have no sense of justice as fairness and human rights, and both fall into dictator majority. Both ignore individual rights and freedom of choice. div

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