Imam al-Ghazali is one of the Shafi'i’s ushul fiqh figures. As a scholar of fiqh Shafi'i fiqh, in substance, he has thought of usul fiqh which is in line with the thinking of fiqh imam, al-Shafi'i. However, in some aspects, he just has a different view, even opposite sect priest; as among about the hujjah of al-Maslahah al-mursalah as a proposition of law. So in this article, will be discussed in depth of thought usul fiqh al-Ghazali about al-Maslahah al-mursalah. The main question that will be answered in this paper is how to shape the thinking of usul fiqh al-Ghazali about al-Maslahah al-mursalah? To find the answer, the authors conducted in-depth study of the book of al-Mustashfâ min 'Ilmi al-Usul Al-Ghazali's works and other books as sources of supporting data. After reviewing critically and analytically, it can be concluded that according to Al-Ghazali, al Maslahah al mursalah can be used as proof to the requirements of the following requirements; 1. Al Maslahah it in line with the types of actions Personality '/ establishment of Islamic law. 2. Al Maslahah it should be al maslahah al Daruriyah or hajjiyah who occupies a position dharuriyah. Keyword: al-Maslahah al-Mursalah, Imam Al-Ghazali, Ushul Fiqh. Abstrak: Imam al-Ghazali adalah salah satu tokoh Syafi'i ushul fiqh. Sebagai seorang sarjana fiqh Syafi'i fiqh, secara substansi, dia telah memikirkan ushul fiqh yang sejalan dengan pemikiran imam fiqh al-Syafi'i. Namun, dalam beberapa aspek, ia hanya memiliki pandangan yang berbeda, bahkan berlawanan imam mazhab; sebagai salah tentang hujjah al-Maslahah al-mursalah sebagai dalil hukum. Jadi dalam artikel ini, akan dibahas secara mendalam pemikiran ushul fiqh al-Ghazali tentang al-Maslahah al-mursalah. Pertanyaan utama yang akan dijawab dalam makalah ini adalah bagaimana bentuk pemikiran ushul fiqh al-Ghazali tentang al-Maslahah al-mursalah? Untuk menemukan jawabannya, penulis melakukan penelitian secara mendalam tentang kitab al-Mustashfâ min 'karya Ilmi al-Ushul Al-Ghazali dan buku lainnya sebagai sumber data pendukung. Setelah meninjau secara kritis dan analitis, dapat disimpulkan bahwa menurut Al-Ghazali: 1. al Maslahah al mursalah dapat digunakan sebagai bukti untuk persyaratan persyaratan sebagai berikut. Al Maslahah itu sejalan dengan jenis tindakan syara' pembentukan hukum Islam. 2. Al Maslahah itu harus al maslahah al Daruriyyat al Hajjah yang menempati posisi dharuriyat. Kata Kunci: al-Maslahah al-Mursalah, Imam Al-Ghazali, Ushul Fiqh

Under Law number 1 of 1974 article 4 and article 57 compilation of Islamic law, polygamy can be permitted for several reasons (conditions); The wife does not carry out duties as a wife, there are bodily defects or diseases that cannot be cured, and cannot bear offspring. In contrast, the judge at the Sawahlunto Religious Court granted the polygamy permit application on business grounds. The questions that will be answered in this article are; First, what is the consideration of the Sawahlunto Religious Court judge granting the application for polygamy permit on business grounds? Second, what is the decision of the Sawahlunto Religious Court on polygamy permits on business grounds when viewed from the opinion of jurists? This research is categorized as a field research, used interview and documentation as the techniques in gathering the data. This paper concludes: first, the consideration in granting the application because there is a written permission given by the wives, the husbands are able to be fair, the permission brings prosperity and benefit to husbands wives and children beside building the houselod integrity and the future of their business. Second, the second Religion Court Decision number 045/Pdt.G/2018/Pa.Swl. The Fiqih Scholars open up the oppertinity of polygamy practice for other reasons that switch to the social context and needs, a fairness as the main requirement.

This study purpose to expose the perception of Pantai Cermin public towards the phenomenon of pregnant marriage due to adultery. This is caused by the increasing cases of pregnant marriages in Nagari Ranah Pantai Cermin from 2014 until 2017. The research questions are: What are the factors causing the increase of pregnant marriages due to adultery in Nagari Ranah Pantai Cermin, what are the public's opinions about pregnant marriages due to adultery, and what are the efforts done by the community to prevent pregnant marriages due to adultery. This research is a field research with a socio legal research approach. The collected datas were analyzed using qualitative methods. The research finds are: First, the factors that caused pregnant marriage in Nagari Ranah Pantai Cermin were the lack of parental supervision, promiscuity, weak sanctions, and misuse of technology. Second, The Public of Nagari Ranah Pantai Cermin assumpt that pregnant marriage is a very shameful act and in principle is not accepted by the public. However, the Society must accept it by perforce because they do not have the legitimate to punish the perpetrators. Eventually, the case of pregnant marriage became familiar to the public. Third, the efforts were done by the community to prevent pregnant marriages are increasing parental attention, obeying with regulations made by the local Society, carrying out sanctions that have been agreed upon by the religious leaders and ninik mamak, holding juvenile bonds, and sharing knowledge about the consequences of adultery.

This study aims to offer an approach in changing fiqh to stay in line with the demands of the texts and, at the same time, to create benefits for Muslims in their lives. This research is entirely library research whose data sources are obtained from several sources, including the Tarikh Tasyri Tasyri written by Khudari Bek, Tarikh al-Mazahib al-Islamiyyah fi Tarikh of al-Mazahib al-Fiqhiyyah written by Abu Zahrah, and al-Ittihad al-Fiqhiyyah inda Ashab al-Hadis fi al-Qarni al-Tsalits al-Hijri by Abd al-Majid Mahmud Abd al-Majid, and several other sources relevant to the topic studied. The analysis technique used is content analysis, which is the only technique used in analyzing the information process. This research finds the fact that fiqh changes are a necessity to respond the social development as well as to create benefit for society. Efforts to change fiqh can be done by using a substantive understanding of the syara 'texts which are the basis and source of change. It is in these aspects does appear the importance of the role of substantive understanding in the process of legal changes, as a solution in responding to the current and future development of society.

In general, the concept of mediation in fiqh literature concerns merely with pre-divorce conflicts. In contrast, the Malay Customary Institution in Rantau Pandan, Jambi also concerns with restoring household integrity after divorce. This paper aims at describing and analyzing the role of the Malay Customary Institution in restoring post-divorce households in Rantau Pandan. The field research was conducted where the data taken from in-depth interviews and documentation. This paper concludes that there are two forms of mediation process practiced by the Malay Customary Institution in Rantau Pandan: the mediation that is prompted by the initial request of the involving parties and that is without the precondition of reconciliation. The success of the Customary Institution in mediating familial conflicts is supported by several factors, such as; the competence of the mediators, kinship relations, and the goodwill of the respective parties. The mediation practiced of the Customary Institution works in line with the guidance of the Qur’ān and the principle of mediation in Islam. Additionally, this institution has developed the concept of mediation outside the court, both in terms of form and task.