Ushul Fiqh Dan Etika Lingkungan (Fikih Bi’ah): Pengembangan Konsep Maqashid Syariah Berbasis Ekologi Dalam Upaya Kontribusi Hukum Islam Terhadap Isu Krisis Lingkungan Hidup

Abstract

The theory of maqasid shariah has been actively developed by researchers to address environmental issues through the perspective of Islamic law. The construction of environmental jurisprudence (fiqh al-bi'ah) is generally directed toward expanding the meaning of maslahah (public interest), specifically through the reconstruction of al-kulliyat al-khams (the five universal necessities) to become more responsive to ecological sustainability. However, a fundamental challenge often arises regarding the methodology for weighing maslahah (benefits) against mafsadah (harms) in complex environmental crisis phenomena. This article focuses on the urgency of implementing the theory of ghalib-maghlub (predominance of impact) found in classical maqasid as a methodological instrument to measure and validate the benefits or harms of exploitative actions toward nature. Utilizing a qualitative method based on a literature study of primary ushul fiqh texts, this study finds that the ghalib-maghlub theory occupies a central position as an objective benchmark when economic benefits and ecological harms conflict (ta'arud). By identifying the predominant impact (ghalib), Islamic law can provide firmer regulatory certainty for public policy and modern environmental ethics. The results of this study conclude that strengthening the theory of ghalib within an ecologically-based maqasid shariah structure significantly contributes to transforming environmental jurisprudence from a mere ethical discourse into applicable legal norms to overcome contemporary environmental crises.