REFORMULATING THE CONCEPT OF MAS}LAH}AH: FROM A TEXTUAL CONFINEMENT TOWARDS A LOGIC DETERMINATION

Up to this contemporary era, the concept of mas}lah}ah developed by several leading Moslem scholars seems to be rather theocentric in a way that it is transfixed on the mas}lah}ah considerations contained in the texts (nas}s}). This means that the concept of mas}lah}ah has so far been shadowed in the textual confinement so that the resulting mas}lah}ah becomes an old-fashioned, stagnant, and less-able concept for responding to the times’ challenges. This study aims to open up discourses and opportunities for the development and reformulation of maṣlaḥah in the current contemporary era. This qualitative study is library research. The data used were obtained from book literatures, journals, and other writings related to maṣlaḥah and were analyzed using a content analysis method. The discussion was done by describing the historical data of previous thoughts on maṣlaḥah from the process of textual confinement to logic determination which was then formulated with the reality of today’s modern era life. The results of this study indicate that: 1) from its historical aspect, the reformulation of maṣlaḥah is one which has so far only been assessed in the perspective of Shāri’ (the Law Maker), hence, it is necessary to reformulate it in the perspective of mujtahīd by referring to maṣlaḥah associated with the issues’ reality context, 2) there is a need to incorporate the concept of ethics and humanity into the structure of maṣlaḥah, and 3) there present a necessity to formulate a collective-based ijtihād in probing of maṣlaḥah to create a scientific mas} lah}ah-based ijtihād methodology. Abstrak: Hingga pada era kontemporer sekarang ini, konsep maṣ laḥah yang dikembangkan oleh beberapa tokoh ilmuwan Muslim tampak lebih bersifat teosentris yang terpaku pada pertimbangan maṣlaḥah yang terdapat pada teks (nas}s}). Artinya, konsep mas}lah}ah selama ini masih terbayang-bayang dalam kungkungan teks sehingga mas}lah}ah yang dihasilkan menjadi konsep yang jumud, stagnan, dan kurang bisa merespon tantangan zaman. Penelitian ini berusaha membuka wacana dan peluang terhadap perkembangan dan reformulasi mas}lah}ah pada era kontemporer saat ini. Penelitian ini adalah sebuah studi pustaka (library research) yang dilakukan dengan metode kualitatif. Data yang dipakai berasal dari literatur buku, jurnal, dan tulisan-tulisan lain yang berkaitan dengan mas} lah} ah dan dianalisa menggunakan metode content analysis. Pembahasan dilakukan dengan mendeskripsikan data sejarah pemikiran mas}lah}ah dari proses kungkungan teks hingga determinasi akal yang kemudian diformulasikan dengan Iffatin Nur & Muhammad Ngizzul Muttaqin, Reformulating the Concept of Mas}lah}ah 74 realitas kehidupan era modern saat ini. Temuan penelitian ini menunjukkan bahwa: 1) reformulasi mas}lah}ah dari aspek sejarah adalah mas}lah}ah yang selama ini hanya dinilai dalam perspektif Syari’, karena itu perlu mereformulasikan dalam perspektif mujtahid dengan mengacu kepada mas} lah} ah yang dikaitkan dengan konteks realitas permasalahan, 2) perlu untuk memasukkan konsep etika dan kemanusiaan dalam struktur mas}lah}ah, dan 3) perlu untuk mereformulasikan ijtihād berbasis kolektif dalam pengambilan mas} lah}ah guna menciptakan metodologi ijtihād berbasis mas}lah}ah yang ilmiah.


INTRODUCTION
In accordance with our understanding so far, the sharī'ah (law/way of life) that Allah had revealed to mankind aims to create mas} ālih} /mas} lah} āt (benefits, plural of mas} lah} ah) for their lives on this earth. Nevertheless, problems and issues faced by mankind always grow, develop, and never cease from emerging 1 whereas the vivid and detail nas} s} } sharā' (religious legal texts) are very limited. Therein, the sharī'ah provides a guidance for them to search for legal ways which can help them find a way-out dealing with the problems they face. 2 When discussing about mas} lah} ah, Moslems will be led to adapt to a very popular theme among Islamic law scholars, namely maqāṣid sharī'ah (objectives of Islamic law enactment). Nuruddin ibn Mukhtar al-Khadimy defined maqās} id sharī'ah as the values that lie behind the provisions of sharā' (Islamic law) resulting from human conducts, be these objectives are found in juz'iy (specific) laws or kulliy (general) ones, and as mas} lah} ah kulliyyah (general benefit) or simmat ijmā'iliyyah (the substance of benefits agreed by majority of Moslem scholars). According to him, these objectives are collected in a purpose of realizing an effort of servitude to Allah, the Almighty God, and as a manifestation of benefits for the survival of humanity both in this present world and the hereafter. 3 Unfortunately, the theme of mas} lah} ah / maqās} id sharī'ah was not studied pretty intensely by the early generations of Moslems. However, such condition, according to Ikromi, does not justify that the existence and legal validity of mas} lah} ah are invalid. 4 This is so since the emergence of this theme (i.e. mas} lah} ah) has the Holy Qur'an itself together with the Hadith of the Prophet as its foothold. Although mas} lah} ah has not become a separate major of study in the early generation of Moslems (i.e. during the Prophet Muhammad and his Companions' era), it does not mean that mas} lah} ah had not been their concern. This is so said since should we conduct any research on the inherited Islamic legal jurisprudence, then we will certainly find a lot of law provisions with mas} lah} ah contents within them. As Rahmi stated, the conducts of the Prophet's Companions were actually mas} lah} ah-oriented based on their profound understanding about the guidance and teachings of Islam coupled with their high awareness in paying efforts to create benefits to mankind. 5 Moreover, conducting ijtihād (intellectual exercise to establish an Islamic law) always starts from an existing problem. A number of thought models about mas} lah} ah that exist show clearly that the Islamic jurists' thoughts were influenced by the conditions of the problems they faced at their corresponding time they lived. Different era brings with it different issues, especially with today's situation in which scientific and technological advancement moves very rapidly. It is, therefore, understandable that the classical model of Islamic law cannot be presented to deal with current problems satisfactorily. 6 There are some thoughts indicating that the concept of mas} lah} ah has a very strong significance in the development of Islamic law studies. One which intrigues the authors' interest is an opinion which states that one of the reasons why Islamic law is acceptable in every time and space (s} ālih fī kulli zamān wa makān) is none other than the use of fundamental values regarding mas} lah} ah in extracting the law. 7 This opinion serves as the foothold to further develop the existing thoughts and to reformulate the concept about mas} lah} ah.
Discussing mas} lah} ah, especially about its development in Indonesia, is not something new. There were several Indonesian figures who offered their views regarding the understanding and application of the concept of mas} lah} ah, including Abdurrahman Wahid -a former chairman of Nahdlatul Ulama and Indonesian president. In his view, mas} lah} ah is the spirit of Islamic religion in solving the problems of humanity. 8 Then, there were Muhammad Sahal Mahfudz who said that mas} lah} ah approach in Islamic law had to include the usage of multidisciplinary and interdisciplinary perspectives 9 and Ali Yafie who stated that mas} lah} ah is the 5 soul of Islamic law and must be present in all Islamic legal products. 10 Meanwhile, among others, an attempt to reformulate the concept of mas} lah} ah had also been carried out by Afrizal Ahmad in which he offered a reformulation of mas} lah} ah relating to the preservation of one's life (h} ifẓ al-nafs) which included not only one's lives, but also his/her soul (al-rūh} ), body (al-jasad), mind (al-fikr), and heart (al-qalb). 11 Differing to these concepts, the authors try to offer a new reformulation of the concept of mas} lah} ah which is more relevant in solving today's problems.
This paper aims to provide a knowledge of the history of thought development over the emergence of the concept of mas} lah} ah as a method and an approach in the discourse of Islamic law studies as well as to find out the steps of reformulating the concept of mas} lah} ah in dealing with contemporary issues. Such is necessary since the employment of mas} lah} ah as a measure to solve the issues relating to Islamic law turns out to be conditional which means that employing mas} lah} ah in solving the same problem but at different position and condition leads to different results of its legal products. As Purnomo's essay, the construction of mas} lah} ah thought , better known as istis} lāḥi pattern of thought, is more able to respond to the humans' problems from different 'time and space' points of view. 12 From the literature study on the theory of mas} lah} ah, the authors came up with the root questions leading to the necessary efforts for reformulating the concept of mas} lah} ah. These are, but not limited to, first, how are the academic arguments from the history of thought on mas} lah} ah from time to time? Second, what is the appropriate measure for reformulating the concept of mas} lah} ah in this contemporary era? To answer these questions, an in-depth literature study about the concept of mas} lah} ah from time to time was conducted and the data obtained was dialogued to the today's regional reality. Then, the data was analyzed through the content analysis method 13 which was aimed to produce a step for reformulating the mas} lah} ah concept through a credible analysis process.

THE URGENCY OF EMPLOYING MAS} LAH} AH IN STUDYING ISLAMIC LAW
Prior to discussing mas} lah} ah and its use as a tool of stipulating a law, the meaning and essence of mas} lah} ah need to be understood. Etymologically, the word mas} lah} ah according to Abdurrahman, means something good and beneficial, hence, it is the opposite of evil or damage. He further stated explicitly that in its general   meaning maṣlaḥah is all that have benefits for humans either they are beneficial in obtaining goodness and pleasure or to remove any difficulty and distress. 14 Thus, the essence of mas} lah} ah is realizing goodness and happiness in human life and avoiding anything that can damage and ruin it. However, it must be understood that maṣlaḥah is related to the arrangement of the value of goodness which is descent, appropriate, and feasible to meet human needs.
Meanwhile, in terms of sharā', the uṣūliyyun (scholars of uṣūl al-fiqh) shared the same view in defining mas} lah} ah, although they were different in providing its notion. In Abdurrahman's opinion, 15 for example, mas} lah} ah is defined as "an attempt to preserve the aims and objectives of the Islamic law on the various virtues in which their limits have been determined and set, and they are not based on mere human desires and passions." According to al-Ghazali, mas} lah} ah is basically human efforts in trying to achieve and realize benefits or reject mad} arāt (harms). 16 Whereas Ibn Taimiyah stated that, as quoted by Abu Zahrah, what is meant by mas} lah} ah is the view of mujtahid (a person capable of conducting ijtihād) concerning any human deed which contains clear goodness and is not contrary to the Islamic law. 17 From these three definitions, it is clear that mas} lah} ah contains the same purposes and implications that is the benefits for mankind which become the purposes to be attained through Islamic law enactment and not those which are solely based on mere human desires and passions.
The historical reality notes that there is a continuous development in the theory of Islamic law, in this case us} u> l al-fiqh (fundamentals of Islamic jurisprudence), in accordance with the development of era. This is not surprising since Islamic law plays a double functions which are as a device to measure social reality with ideals of sharī'ah leading to the law containing those which are permissible (ḥalāl) and prohibited (ḥarām) and, at the same time, as a tool of social engineering. Hence, the development of legal theory undoubtedly occurs in line with the development of law in general according to the context of space and time. Therefore, the adaptability for renewal is one of characteristic of Islamic law. And, one important and fundamental concept which becomes a subject of Islamic law is that of maṣlaḥah 18 which serves as one of the devices in establishing Islamic law as well as being a ḥujjah shar'iyyah (legal argument). In Zaidan's opinion, Imam Malik and his followers and Imam Ahmad positioned mas} lah} ah 14 Jalaluddin Abdurrahman, Al-Maṣāliḥ al-Mursalah wa Makānatuhā fī al-Tashrī' (Egypt: Matba'ah al Sa'adah, 2003). 12-13. as legal propositions and h} ujjah (argument) in establishing Islamic law. 19 Even Abu Zahrah added to mention that Imam Malik and his followers are a group that proclaims and voices mas} lah} ah as a legal proposition and legal argument. 20 Observing thoroughly the life of the Prophet, there can be found a variety of practices of attaining mas} lah} ah. To be more concrete and precise, the Holy Quran that generally becomes the guidance, the improvement agent, and the director in attaining happiness, also includes well in detail various 'illāt (legal causes) and maqās} id (objectives) in some discussions contained in its sacred texts. For example, concerning the enactment of regulations, the Quran only mentions three basic principles which are the consultation, 21 justice, 22 and equity 23 whereas the acts in detail are left to mankind so that they can take most benefit through their wisdom.
The substance of attaining mas} lah} ah can also be found in the Prophet's sayings. Among the texts of hadiths that show wisdom in prioritizing efforts to obtain maṣlaḥah is the Prophet's saying to his Companions, Mu'aż ibn Janbal and Abu Musa al-Ash'ari, when they were assigned to Yemen, "Do make things easy and not hard and give glad tidings and do not make people run away (from guidance)." 24 Likewise, the Prophet's approval towards the saying of Mu'aż ibn Janbal to hold on ra'yu (analysis) in the absence of an answer from the texts of both the Qur'an and the Sunnah or when the legal texts are z} anniy (unclear/ambiguous) and contain multi-functional meanings that require decisive meaning which is closer to the objectives of law that may be reached with al-ra'yu al-s} ah} ih (good analysis), shows this kind of wisdom. Furthermore, as described by Abu Zahrah, during the time of the Companions of the Prophet, principles of mas} lah} ah had been practiced by them and their benefits have been becoming a legacy until today. For example, they had compiled the mus} h} af (sheets of manuscript) of Qur'an in a single book and this was done for fear that the Qur'an would disappear from civilization together with the death of many Companions who had memorized it. Such practice did not exist during the time of the Prophet nor was it prohibited. The gathering of the Qur'an's sheets of manuscript into a single unit was solely for the benefit of ummah (Moslem community). 25 Likewise, as explained by Addad, 26 the Caliph  Umar did not implement the execution of penalty towards thieves by cutting off their hands 27 at the times of 'ām majā'ah (famine) or 'ām ramadah (prolonged drought periods) took place based on the thought that the crime was done due to emergency condition in order to maintain one's life whereas imposing such a penalty would only worsen the situation faced by the ummah at that time.
The Companions of the Prophet had, actually, used mas} lah} ah in accordance with the objectives of Islamic law enactment, therefore, its usage must be practiced according to the objectives of Islamic law itself. Putting mas} lah} ah aside, according to Sidiq, means to set aside the objectives of sharī'ah itself. Hence, holding on to mas} lah} ah becomes an obligation since mas} lah} ah is one of the main grips that stands as a separate theory which does not come out of the basics of other legal grips. On this basis, it may be said that mas} lah} ah is a part of the objectives of sharī'ah even though it is not mentioned directly by the sacred texts of either the Qur'an or Hadith. 28 In his essay, Sya'ban explained that benefits will continue to develop together with the development of social reality, likewise, they will continue to change with the changes of environmental conditions. Should the benefits not be prioritized in its entirety and not be responded with an appropriate provision, or only be focused on the existence of the propositions that recognize them, they will undoubtedly disappear from the reality of human life and will halt the development of laws that are responsive to the era's changes and development. Sya'ban asserted further that an attitude of being negligent and pay improper attention to the development of mas} lah} ah is not in line with the purpose of Islamic law. 29 Such view becomes the key word in arguing on the position of mas} lah} ah as h} ujjah shar'iyyah. This is so because should the benefits that exist in each place be set aside whereas they actually remain in line with the will of al-Shārī', then, according to Abu Zahrah, such a condition will only cause troubles to mankind. This is contrary to what God deserves as He loves to ease human in dealing with their problems and He does not wish to impose any unbearable difficulty onto them. 30 27 As ordered by Allah, in QS al-Maidah [5]: 38 He says:"As to the thief, male or female, cut off his or her hands, a punishment by way of example from Allah for their crime", see:: Ali, The Meaning of the Holy Qur'an, 259, and practiced by the Prophet in some occasions. In one hadith narrated by al-Bukhari no. 4304 and Muslim no. 1688, the Prophet said: "…Surely the people before you had been destroyed. When one among their nobles stole, he was left (unpunished), but when one among their weak people stole, he was subjected to be punished by ḥadd (religious penalty on crimes). For the sake of Muhammad's soul which is in His hand! Should Fatimah the daughter of Muhammad steal, I would cut off her hand." See: al-Bukhari, "Ṣaḥiḥ al-Bukhari" and Imam Muslim, Ṣaḥīḥ Muslīm (Riyadh, KSA: Maktabatur Rusyd, 2001). Furthermore, leaving mas} lah} ah when establishing a law, according to Cholili, will cause a difficulty and strictness in practicing Islamic law, 31 whereas Nur and Muttaqin added that using mas} lah} ah as a method and an approach in stipulating Islamic law has a mission towards realizing a multi-dimensional Islamic law in which mas} lah} ah, law, and the conditions of people's needs must be considered as a whole. 32 Such ijtihād in probing beneficial values when establishing Islamic law does not only favor nass} (texts) an sich, but also considers the substance of the texts (i.e. the content of mas} lah} ah) and considers the conditions and problems that are needed by the community.
The urgency of the emergence of the concept of mas} lah} ah which is reduced to maqās} id sharī'ah originated from the anxiety of Islamic jurists about the sustainability of Islamic legal products. Such anxiety is certainly not without reason, the difference in time and change in place and space serve as the main trigger. So that, in its development, the concept of maṣlaḥah has been experiencing a renewal through a new breakthrough from the philosophical approach to the system one. With this understanding, mas} lah} ah has, undoubtedly, a very strong urgency in maintaining the spirit of Islamic law to be accepted and applicable at any place and time. 33

MAS} LAH} AH AS A DOCTRINE AND A METHOD IN STUDYING ISLAMIC LAW
The theological aspects of Islamic law can be examined and studied thoroughly from the essence of the objectives of achieving Islamic law establishment. Although there are many theories explaining this such a statement, the most famous and most prominent is the theory of mas} lah} ah. As a doctrine, mas} lah} ah aims to achieve and create benefits for mankind in general whether they are Moslems or adherents of other religions. Therefore, Abdurrahman 34 , Rabuh 35 , and Abu Zahrah 36 proclaim that the three priority scales related to human needs in enduring their lives, -d} arūriyyāt, h} ājiyyāt, and tah} siniyyāt, -are mutually complementary and reinforcing.
Al-Biri defined d} arūriyyāt as the human primary needs that must exist whereas their absence has implications for the destruction of human life. 37 H} ājiyyāt, according to him, means human secondary necessities; they support whatever is needed by humans to facilitate those included in mas} lah} ah d} arūriyyāt category 38 as well as to get rid of and avoid any difficulty in human efforts to realize those included in d} arūriyyāt. Since their function is to support and to complement the human primary needs (d} arūriyyāt) then the presence of secondary needs (h} ājiyyāt) is necessitated. This means that should secondary needs not exist, they will not lead to human destruction, however, their absence might complicate and even make imperfect the primary needs (d} arūriyyāt).
Meanwhile, taḥsiniyyāt, according to Abdurrahman, means tertiary needs. Their presence is not necessarily needed since they serve as a complement in beautifying the process of realizing primary needs (d} arūriyyāt) or secondary ones (h} ājiyyāt). 39 Conversely, the absence of tertiary needs (tah} siniyyāt) will neither destroy nor cause difficulty to human life, but it may reduce the sense of beauty and aesthetics in human life. Whichever need is to be given higher scale of priority is a man's personal latitude and such a decision becomes a man's private option in the effort to present him/her as a respected figure as long as it does not conflict with the provisions of nas} s} . 40 This is where mankind are granted with space to choose and to exercise their abilities in order to avoid mafsadāt (harms) in the form of the loss of aesthetic values and related specialties. Equipping with these three concepts of mas} lah} ah necessities as its doctrine, the existence of mas} lah} ah theory persists.
In formulating the method of establishing Islamic law by mujtahids, it is necessary to reckon and realize the fact that the texts of the Qur'an and Hadith are limited quantitatively whereas civilization and social reality have been developing and progressing from time to time. For this reason, various methods of stipulating Islamic law have been developed and offered by mujtahids to deal with the limited texts of the Qur'an and Hadith in contrast to unlimited issues and social problems. Unfortunately, these methods tend to be given a theological foundation by those who had developed them so that, in most times, they are considered sacred. 41 With such condition, many Moslems are trapped and indoctrinated into idols. They once or even still think and consider that a legal stipulation by an imām mażhab (a leader of school of thought in Islamic jurisprudence) is "divine". Excessive fanatics on any opinion of a school of thought often times caused unnecessary tensions and quarrels both in thoughts or, worse, physically. As a result, borrowing Mansouri's words, long debates ensued since many Moslems want to talk to God in the language of God, whereas God speaks to humans using their language except in matters regarding divinity and monotheism. 42 Due to such a condition, Islamic law then experienced a long sleep adding to the many casualties falling in the course of defending the opinions of certain imām mażhab and their schools. Right at this point, utilizing mas} lah} ah approach as a method of establishing Islamic law is intended as an analysis tool or as a lens to read issues and problems in the human life's reality is needed. As stated by Auda, a mas} lah} ah-based approach, which is also one of the approaches classified under modernism in contemporary Islamic law reformation, attempts to avoid the shortcomings of apologetics by reading the scripts in terms of the benefits they achieve, rather than specific pre-conceived policies. 43 As a method of ijtihād, mas} lah} ah necessitates and positions its values in the diversity of schools of thought with all their differences in their unique istinbāt} (extracting Islamic law) method and all its legal products. According to al-Raysuni and Barut, when there are legal differences about an issue, then the final decision is taken through a compromise or comparison that favor the opinion which is more impartial and incline more heavily towards realizing general benefit for the ummah. In this way, the use of maṣlaḥah in stipulating Islamic law places more emphasis on the universality of values contained and are implicit in the legal texts rather than the explicit meaning of the texts. Therefore, the method of tarji> h} (prioritizing an argument) uses mas} lah} ah more dominantly both as an approach and as a method of istinbāt} . 44 In its application, the theory of mas} lah} ah is not simple and does not completely eliminate differences of opinions. The contradiction between mas} lah} ah and mafsadāt or a disagreement between a benefit on one hand and another benefit on the other hand open up a space for debating it. This is possible since there are several levels and classifications of benefits, including personal benefits and general ones. Whenever such contradiction takes place, the main principle to hold onto is to prioritize rejecting mafsadāt over attaining mas} lah} at as stipulated in qawa> 'id us} u> l al-fiqh (the principles of us} u> l al-fiqh) that says "dar'u al-mafāsid muqaddam 'alā jalb al-maṣāliḥ" (rejecting harms takes precedence over attaining benefits). However, according to al-Qaradhawi, if the benefits to be obtained are for the greater importance while the harms are on a narrower scale or there is a  Ahmad al-Raysuni and Muhammad Jamal Barut, Al-Ijtihād al-Naṣṣ al-Wāqi' al-Maṣlaḥah (Beirut: Dar al-Fikr, 2000). 37. disagreement between two different benefits, then attaining mas} lah} ah in such a condition is prioritized. 45 The use of mas} lah} ah also brings significant legal implications to the style and format of contemporary Islamic law. The strength of mas} lah} ah in extracting contemporary Islamic law will open up very widely the possibility of the emergence of different Islamic legal provisions in different places and at different times since the consideration of mas} lah} ah is very much influenced by the differing conditions of place and time. In such a case, Islamic law that once flourished in the Middle Eastern countries may not necessarily be applicable elsewhere, say Indonesia, since one aspect that affects its stipulation is the condition of the place, the reality of related society, and the different time of civilizations. Having such a situation, Islamic law will be open and flexible which is opposite to the nature of 'aqīdah (creed) or tawh} īd (monotheism) which are fixed and certain.
The emergence of the mas} lah} ah theory aims to fight against trans nationalizing Islamic law and it rather introduces the diversity of Islamic legal products based on maṣlaḥah. Hence, the emergence of maṣlaḥah has a very large role in creating an order of life that is godly and just and has a legal certainty and a universal understanding regarding mas} lah} ah. Having these characters to be presented forward, Islam will come with a cool, peaceful, and reassuring face. 46

The basic concept of mas} lah} ah initiated by the Prophet Muhammad and his
Companions is an ideal to be realized. Then, the concept was built in stages over the centuries sourced on very in-depth statements in the form of us} u> l al-fiqh studies so that they came to be formulated in Islamic legal products. 47 With this basic concept, it becomes clear that mas} lah} ah is God's wish and purpose which includes standards, values, criteria, and guidelines derived from the texts of God to be applied in solving human problems and as guidelines for mankind in enduring their life.
The historical studies on the development of mas} lah} ah did not previously pay much attention and seemed to be ruled out. Likewise, the studies on Islamic law only focused on studying us} u> l al-fiqh and qawā'id fiqhiyyah which were oriented to the texts and not focused on their intents and purposes. Whereas, actually, these three matters, -mas} lah} ah, us} u> l al-fiqh, and qawā'id fiqhiyyah, -become elements in an inseparable system as follows: 1) us} u> l al-fiqh becomes a methodological foundation for giving birth to fiqh (Islamic jurisprudence), 2) qawā'd fiqhiyyah serves as the foundation of us} u> l al-fiqh and fiqh, and 3) mas} lah} ah has its own values and spirit contribution to fiqh, but it is understood in the domain of Islamic legal philosophy, therefore, it does not touch the study of istinbāṭ al-ah} kām or ijtihād method.
There are at least two reasons why mas} lah} ah does not become an integral part of Islamic law compared to us} u> l al-fiqh and qawā'id fiqhiyyah. First, the theological debates among Moslem scholars become a major contributor to why the concept of mas} lah} ah is overridden by the dominance of the schools of thought that opposed the logic. The school's stand in opposing logic determination while putting forward the religious texts contribute significantly to such situation. Second is the inclusion of studies about mas} lah} ah into the studies of Islamic law's philosophy and not in the realm of us} u> l al-fiqh. This certainly puts mas} lah} ah into a place that so far has been a debate, although, according to Shaharuddin, the studies of mas} lah} ah still gain benefits from the situation since, so far, the studies of us} u> l al-fiqh cannot be separated from the creation of benefits for mankind as found in the methods of istih} sān (juridical preference), sadd al-żarī'ah (blocking the means), and mas} lah} ah mursalah (unattested benefit) which, in all these three methods, the substance of maṣlaḥah are still utilized. 48 In the context of discussing mas} lah} ah/maqāṣid sharī'ah, the stages of development about mas} lah} ah were preceded by the use of mas} lah} ah as an ideal condition that represented Islamic law. Such was put forward by the Companions of the Prophet Muhammad like Abu Bakr who collected the mush} af of the Qur'an in a single book and Umar who did not cut off the hands of thieves as previously explained. Mas} lah} ah as an ideal, not a theory of us} ūliyyah (those related to the fundaments of Islamic law), became a theme that was not systematically discussed in its initial development, but, later on, it gets a more detailed, clear and applicable meaning after going through a series of stages of the development of us} u} l al-fiqh. 49 Nevertheless, in the history of Islamic legal thought there found Moslem scholars with various works who discussed the secret elements, wisdom, and the purposes and objectives of Islamic law, which are, actually, the essence of mas} lah} ah involvement in Islamic law stipulation. They were Abu Bakar al-Qaffal al-Shasi  Muwāfaqāt,, andIbn 'Ashur (d. 1393 AH/1973 AD) with Maqās} id Sharī'ah, to name but few. However, it is a sad fact that the development of the concept of mas} laḥah looks very slow when compared to the rapid development of 'ulūm al-fiqh (science of Islamic jurisprudence), us} ūl al-fiqh, and qawā'id fiqhiyyah. 50 The stagnation of thoughts post-al-Ghazali is often considered as a result of his stand in rejecting philosophy. This condition also contributed to the stagnant position of Islamic law with its methodological ideas which otherwise should had been able to develop with the times. The vacuum of development post-al-Shatibi, however, had been a driving force for refreshing the concept of mas} lah} ah in order to create Islamic laws that are adaptable and capable to dialogue with social reality. In Wael B. Hallaq's view, what had been done by al-Shatibi was an attempt to express Islamic law openly. To Hallaq, Islamic law had undergone historical distortion due to the lack of thought of the mujtahids and the excessive domination of Sufism that occurred in the old days. 51 The high number of problems related to Islamic law and the stagnation of us} u> l al-fiqh in dialoguing with social reality had encouraged al-Shatibi to refresh the theoretical studies of us} u> l al-fiqh. He spent a lot of efforts to include mas} lah} ah as the main consideration in the study of istinbāt} al-ah} kām (extracting Islamic law) which became a realm in us} u> l al-fiqh. It was at this time that the first foundation of the study of maṣlaḥah was included in the discourse of us} u> l al-fiqh. Then, the position of mas} lah} ah eventually experienced a very significant development during the time of Ibn 'Ashur. Differing to al-Shatibi that included mas} lah} ah as a part of the us} u> l al-fiqh theory, Ibn 'Ashur saw the need for mas} lah} ah to become a separate scientific discipline and to break away from us} u> l al-fiqh studies so that mas} lah} ah will no longer become a conception confined by us} u> l al-fiqh, but rather it can evolve into becoming an approach in extracting Islamic law. Finally, according to Mawardi, mas} lah} ah becomes a separate theoretical breakthrough in the world of contemporary Islamic law. 52 From the formulation of mas} lah} ah proposed by several figures previously discussed, it can be concluded that mas} lah} ah is a way of solving problems by considering the benefits contained in the religious texts. To the authors' opinion, such concept of mas} lah} ah is considered obsolete because mas} lah} ah contained in the texts may not be accepted when it is applied to solve the today's problems of society. The stagnation and collision of the concept of mas} lah} ah may be explored and observed whenever the old model of the concept is confronted to the occurring contemporary problems and issues.
So, in order to reformulate the concept of mas} lah} ah in addressing contemporary problems nowadays, a dismantling on the concept is needed that is not only fixated on the texts, but also that prioritizes logical considerations. It is in this regard that the authors try to offer three important things that need be done in reformulating the concept of mas} lah} ah in this contemporary era, so that any ijtihād using mas} lah} ah will be accepted and more relevant with the era's development.
First, utilizing and considering maṣlaḥah in solving contemporary problems is "conducted in the perspective of mujtahids by considering nas} s} (texts)". This is because so far conducting ijtihād employing mas} lah} ah only focuses on the consideration of the texts, when there is a conflict between the texts and logic, then the texts are prioritized. This principle is certainly no longer relevant since those with more understanding of the today's need of mas} lah} ah are mujtahids, not the texts. 53 Second is including human values and ethics as a part of mas} lah} ah d} arūriyyāt, h} ājiyyāt, and tah} siniyyāt. The classification of mas} lah} ah into d} arūriyyāt, h} ājiyyāt, and tah} siniyyāt in some ways contains its own dilemma. As an example, the penalty imposed on theft is on one hand aimed for maintaining mas} lah} ah regarding protecting one's wealth (hifz} al-māl), however, on the other hand, it violates another mas} lah} ah which is preserving one's soul (hifz} al-nafs) due to the punishment of cutting off hands. It is very clear that in this illustration there present a necessity of employing mas} lah} ah wisely. Regarding this matter, the classification concept of mas} lah} ah must certainly need to be overhauled by incorporating social ethics and human values. This is because social ethics and human values are the most important substances that must not be lost whenever conducting ijtihād using mas} lah} ah. The social ethics can be applied by protecting the dignity of others and fertilizing mutual tolerance whereas human values can be applied in upholding human equality, eliminating discrimination, and opposing any form of oppression. 54 Third is applying a collective ijtihād in extracting and establishing Islamic law utilizing mas} lah} ah. What has been happening so far is that employing mas} lah} ah as considerations in extracting and establishing Islamic law is only carried out in one perspective which, in some respects, may not be accepted by other perspectives. Therefore, a collective ijtihād in determining mas} lah} ah is done by including maṣlaḥah considerations regarding a problem from many points of view including scientific, health, social, technological, humanitarian, ethical, political, and so forth. 55 These three steps of reformulation are grounded on the fact that mas} lah} ah is not only related to human relations (mukallaf) with God alone, but also to the arrangement of human relations with each other as well as with the universe. 56 Thus, the reformulation concept can be applied in all aspects of life that are peaceful, safe, and bring peace and comfort to the universe. This is in accordance with the main mission of Islam which is a religion that brings mercy to all the universe (rah} matan li al-'ālamīn). 57 These reformulation steps are intended to define that Islamic legal products obtained by employing maṣlaḥah as their considerations are ethical systems and values covering all aspects of life. Employing mas} lah} ah is purposed to serve as the ground oriented to become the main device in adjusting to the era's development so that the basic values and fundamental objectives of Islamic law reflecting the religion's holistic view in guiding and ruling human life both individually and as a group can be realized. Hence, all human activities conducted at all times and places cannot be separated from the ethical, humanitarian, and spiritual aspects.
Subsequently, the application and development of mas} lah} ah at the present era needs to be evidenced through regional studies which, in legal studies, become a particular consideration. Such regional studies are perceived to be experiencing a development and expansion of the realm of Islamic law so the concept of maṣlaḥah will find its appropriate momentum in this contemporary era. Having this situation, maṣlaḥah will become the religion's universal value and the perennial wisdom will become a global discourse in compiling and stipulating global ethics towards creating a peace and tranquil world.
The potential for the development and reformulation of the concept of mas} lah} ah can be conducted by creating a new format of Islamic law or jurisprudence (fiqh) needed by Moslems and the wider community. Such a creation begins with 55 Such serves as a proof that Islam is a religion that brings blessing to all (raḥmatan li al-ālamīn) and contributes for providing goodness in all aspects of human life. Therefore, a collective ijtihād employing a variety of perspectives is needed to realize the religion's vision and mission. See further: Alias Azhar, "The Need for Collective Ijtihad between the Fuqaha and Experts in Health Science and Modern Medicine: A Review," International Journal of Psychosocial Rehabilitation 24, no. 2 (2020). the development of human life and establishes laws which are suitable for specific place and condition. By so-doing, the consideration of mas} lah} ah in accordance with the reformulation steps that have been described and the study of the region eventually becomes a necessity which is needed by contemporary ummah and is aimed to realize the vision of having Islamic law (fiqh) which is in accordance with any place and time (s} ālih fī kulli zamān wa makān).

CONCLUSION
From this study, it is found that there present a need for a new formulation of the concept of mas} lah} ah in order to dialogue Islamic law with today's social reality for realizing the benefit to the ummah. The initial step of reformulation is by overhauling the concept of mas} lah} ah from that as formulated in the history of mas} lah} ah thought into three things: 1) giving the mujtahids the opportunity to consider and utilize the maṣlaḥah needed by people without having to be confined in the texts, 2) including human values and social ethics as the essence of the concept of maṣlaḥah, and 3) conducting a collective ijtihād by considering mas} lah} ah from various viewpoints of life aspects.
In the contemporary era in which any law is demanded to be able to dialogue with local, temporal, and always-changing issues, then, the concept of mas} lah} ah has the opportunity to create new Islamic jurisprudence (fiqh) that is adaptable, applicable, more able to dialogue with social reality, and capable to respond to various contemporary problems of the ummah. Moreover, studies about mas} lah} ah are open widely for any researcher to provide further developments about the steps of reformulation of the mmas} lah} ah concept which might be different to the three steps of reformulation offered in this study and to apply them in the context of real life through the formulation of mas} lah} ah approach in solving contemporary problems that exist in the current era which, in turn, will create new products of Islamic law needed by the today's ummah.