Social development that rapidly increased has demand consequences to adjust the law. While any legal problems that evolved in the community are not all mentioned by al-Quran and Sunnah. However, the two main sources of Islamic law in many ways gives leeway for mujtahidin to use reasoning (ra'yu) to understand the text (nash). That is why Islamic law must always be present to provide a solution to the legal problems that developing.
Human understanding (ijtihad) of the texts in the legal matter is called fiqh, and because of that fiqh could change with time and surrounding demands (shalih li kulli zamanin wa makanin).
Among the methods of legal study (istinbat) to find the best solution of the problematics contemporary is using reasoning or perceiving benefit. Reasoning which is called istishlah moves from sharia maqasid paradigm related to discovery of the essence of His commands and prohibitions, namely to create benefit for humans, both in the world and the hereafter.
Focus actual problems examined in this thesis is a discourse “Diversion of Hajj Dam Payment in Indonesia”. This research tries to dig the basic values contained in the implementation of hajj dam payment (hadyu slaughter) according to sharia maqasid perspective which is elaborated in usul fiqh through approach istishlah (utility) making it possible for the diverted payments and the welfare.
Responding big theme of this thesis the author offers two options. First, formulate istishlah methods within the framework of fiqh that nuanced social. This formulations in the form of fatwas should be done by the institutional (ijtihad jama’i). Second, presents istishlah concept in the fiqh frame that absorption by the government/state. This formulations in the form of positive law like the issuance of legislation.

Keyword : maqasid shari’ah, istishlah (utility), dam of hajj