Maslaha in Contemporary Islamic Legal Theory
Abstract This article investigates the concept of maslaha in contemporary Islamic legal theory. After presenting models of maslaha developed by al-Ghazālī, Fakhr al-Dīn al-Rāzī, al-Qarāfī, al-Tūfī, and al-Shātibī, I analyze writings on maslaha by leading jurists from the late 13th/19th century to th...
| Main Author: | |
|---|---|
| Format: | Electronic Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
|
| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
Brill
2005
|
| In: |
Islamic law and society
Year: 2005, Volume: 12, Issue: 2, Pages: 182-223 |
| Online Access: |
Volltext (JSTOR) Volltext (lizenzpflichtig) Volltext (lizenzpflichtig) |
| Summary: | Abstract This article investigates the concept of maslaha in contemporary Islamic legal theory. After presenting models of maslaha developed by al-Ghazālī, Fakhr al-Dīn al-Rāzī, al-Qarāfī, al-Tūfī, and al-Shātibī, I analyze writings on maslaha by leading jurists from the late 13th/19th century to the 1380s/1960s, namely al-Qāsimī, Rashīd Ridā, Mahmasānī, 'Allāl al-Fāsī, Khallāf, and al-Būtī. The findings show that the early reformers tended towards al-Tūfī's expansive understanding of the principle of maslaha in the law-finding process. Later jurisprudents, in contrast, either advocated a holistic approach similar to that of al-Shātibī or espoused a more restrictive use of maslaha like that of al-Ghazālī and al-Rāzī. The way in which jurists employ the principle of maslaha is not random but rather is influenced by education, personal position, and historical environment. |
|---|---|
| ISSN: | 1568-5195 |
| Contains: | Enthalten in: Islamic law and society
|
| Persistent identifiers: | DOI: 10.1163/1568519054093699 |