Sharia and the Concept of Benefit: The Use and Function of Maslaha in Islamic Jurisprudence

ISBN-13: 9781784530242 / Angielski / Twarda / 2015 / 224 str.

Sattam Abdul Aziz Bi; Abdul Aziz Bin Sattam

Opis

The idea of maslaha has a rich history in classical legal thought and literature. Conventionally translated into English as 'general benefit' or 'general interest', it has been the subject, over many centuries, of intense argument in Muslim legal manuals about how the concept should be constructed and how it might be interpreted. Some celebrated scholars have even elevated its status to an independent legal source; while other prominent jurists have spoken of the special strictures which need to be applied to maslaha when considering it within the overall framework of Islamic law. In this thorough and original treatment of the concept, Abdul Aziz bin Sattam offers the first sustained examination of one of the most important tenets of Sharia. Seeking to illuminate not only the intricacies of its application, but also the wider history which has shaped it, the author examines its foundations, theoretical underpinnings and the key debates in both classical and contemporary texts. His book will be a vital resource for all those with an interest in Islamic law, whether of the medieval or modern periods.

Spis treści

List of Illustrations List of Tables Foreword by Muhammad A.S. Abdel Haleem Introduction Chapter One: What is Maslaha? Chapter Two: Types of Maslaha Chapter Three: Maslaha Regulators: Function and Types Chapter Four: Maslaha Preferability Chapter Five: Types of Maslaha Preferability Chapter Six: Criteria of Maslaha Prefererability Conclusion Notes Bibliography Index