SHARIA AND THE CONCEPT OF BENEFIT The Use and Function of Maslaha in Islamic Jurisprudence

• Main Author: Sattam, Abdul Aziz bin (Author)
• Format: Book
• Language: English
• Published: London I. B. Tauris 2015
• Subjects: Istiṣlāḥ (Islamic law); Maqāṣid (Islamic law)
• Online Access: Click Here to View Status and Holdings.
• Physical Description: xii, 210 pages illustrations 23 cm
• Bibliography: Includes bibliographical references and index
• ISBN: 9781784530242

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.