Critical Study of The Muhammadiya’s Tarjih Decision Relating to The Validity of Talak in Front of Court Using The Al-Maslahah Al-Mursalah Approach

Abstract

The purpose of this writing is to describe how Islamic law responds to contemporary issues relevant to the principle of al-maṣlaḥah al-mursalah. Al-maṣlaḥah al-mursalah is an effective method in Islamic law for addressing and providing solutions to contemporary problems. The use of this principle must adhere to the strict conditions formulated by the scholars. Majelis Tarjih Muhammadiyah, a part of Muhammadiyah, plays a crucial role in providing religious guidance to the community, especially among its members. The responsibilities of Majelis Tarjih include formulating legal decisions based on appropriate methodologies of deriving law. Since 1935, efforts have been made within Muhammadiyah to formulate legal methodologies, including studying the five fundamental principles (mabadi al-khamsah) that serve as general guidelines for Muhammadiyah's religious affairs. However, in its journey, Majelis Tarjih Muhammadiyah also faces contemporary religious issues that do not have clear commandments or prohibitions. As a result, Majelis Tarjih Muhammadiyah employs the approach of al-maṣlaḥah al-mursalah to explore contemporary legal rulings. One example of a contemporary issue addressed by Majelis Tarjih Muhammadiyah using the principle of al-maṣlaḥah al-mursalah is the legal status of divorce pronounced in a court proceeding. According to Majelis Tarjih Muhammadiyah, a husband's pronouncement of divorce in a court session is considered valid.