American Research Journal of Humanities and Social Sciences

The establishment of law with the sadd al-dhari‘ah-style caused controversy because it was considered subjective, even accused of stepping over the shari’a. However, the existence of sadd al-dhari‘ahcan’t be denied so that clear criteria are needed to avoid subjectivity. Therefore, this study is focused on answering the criteria of sadd al-dhari‘ah.In general, this scientific study is a literature research, in the form of qualitative research that is normative-descriptive. However, to answer this issue, this study is conducted by system theory approach, where sadd al-dhari‘ah is seen as a method of conscious value determination to be part of legal system entity. The usuliyyin opinions about sadd al-dhari‘ah are circulated to complementary. The theory used to highlight is the theory of maqasidwasa’il from Ibn ‘Asyur. The results concluded that, sadd al-dhari‘ah is a method of applying values to deeds containing of mafsadat. Sadd al-dhari‘ah is applied if the mafsadat meets the criteria of hajiyyat or daruriyyat, definite or near definite, is general and related to the public interest. Axiologicalsadd al-dhari‘ahis aimed at applying legal norms, but here needs government involvement.