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

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

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

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

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Overview

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.

Product Details

ISBN-13: 9780857736598
Publisher: Bloomsbury Publishing
Publication date: 02/13/2015
Series: London Islamic Studies
Sold by: Barnes & Noble
Format: eBook
Pages: 224
File size: 3 MB

About the Author

Abdul Aziz bin Sattam is Associate Professor of Islamic Policy (jurisprudence of governance) at Imam Muhammad bin Saud Islamic University, Riyadh, Saudi Arabia. He has published widely on aspects of Islamic law, litigation and banking.

Table of Contents

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
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