THE CONCEPT OF MASLAHAH MURSLAH WAHBAH AL-ZUHAILI IN RESOLVING CASES OF RELIGIOUS BLAZING AND FREEDOM OF OPINION

Abstract

Blasphemy and freedom of expression are two interests that often come into tension, particularly in a pluralistic society such as Indonesia. This issue requires a legal approach capable of protecting individual freedoms while upholding the dignity of religion and the public interest. This study aims to analyze the concept of maslahah mursalah according to Wahbah al-Zuhaili and examine its relevance to resolving cases of blasphemy that intersect with freedom of expression. This study employs a qualitative method, specifically library research, and adopts a normative-theological approach. The primary sources are Tafsir al-Munir and Uṣūl al-Fiqh al-Islāmī by Wahbah al-Zuhaili, while the secondary sources consist of literature relevant to blasphemy, freedom of expression, and maslahah mursalah. The results indicate that, according to al-Zuhaili, maslahah mursalah can serve as a normative framework for balancing the protection of religious values with freedom of expression. Its application requires a tangible public interest, must not contradict the naṣṣ and ijmā‘, and must be oriented toward the general public benefit. In the context of blasphemy, this approach prioritizes the protection of religion (ḥifẓ al-dīn) and life (ḥifẓ al-nafs) as important considerations, without disregarding the individual’s right to express opinions responsibly. Thus, maslahah mursalah can serve as a proportionate normative foundation for formulating policies aimed at minimizing social conflict while safeguarding freedom of expression and respect for religious values.