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"The idea of maṣlaḥa 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 maṣlaḥa 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"--Unedited summary from book jacket.
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Islamic law --- Istiṣlāḥ (Islamic law) --- Shāṭibī, Ibrāhīm ibn Mūsá, - -1388
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Virtue and the Common Good: Hermeneutic Foundations of aš-Šāṭibī's Ethical Philosophy arose as a response to the urgent need for epistemological research on the hermeneutic foundations of Islamic ethical and moral theory that has resulted from the current period of upheaval in Islamic theology. Choosing a late-medieval work of legal theory, namely, Abū Isḥāq Ibrāhīm ibn Mūsā aš-Šāṭibī's (d. 790/1388) al-Muwāfaqāt, as the point of departure, locates this study's discussion methodologically and theoretically in the genealogical process of re-reading and reconstructing Islamic thinking in modernity from the perspectives of contemporary philosophy of ethics. Thus, profoundly reflecting on modern understanding and interpretation of fundamental theological concepts in the Islamic legal- and moral theory becomes unavoidable.
Maqāṣid (Islamic law) --- Istiṣlāḥ (Islamic law) --- Islamic law --- Interpretation and construction. --- Shāṭibī, Ibrāhīm ibn Mūsá, --- Qur'an --- Ethics. --- Qurʼan
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Focusing on writings of legal theory by leading jurisprudents from al-Jassas (d. 370/980) to al-Shatibi (d. 790/1388), this study traces the Islamic discourse on legal change. It looks at the concept of maslaha (people's well-being) as a method of extending and adapting God's law, showing how it evolves from an obscure legal principle to being interpreted as the all-encompassing purpose of God's law. Discussions on maslaha's epistemology, its role in the law-finding process, the limits of human investigation into divine commands, and the delineation of the sphere of religious law in Muslim society highlight the interplay between law, theology, logic, and politics that make maslaha a viable vehicle of legal change up to the present. --Book Jacket.
Istiṣlāḥ (Islamic law) --- Common good --- Public interest law --- Islamic law --- Civil law (Islamic law) --- Law, Arab --- Law, Islamic --- Law in the Qurʼan --- Sharia (Islamic law) --- Shariʻah (Islamic law) --- Law, Oriental --- Law, Semitic --- Law, Public interest --- Pro bono publico legal services --- Public interest --- Practice of law --- Cause lawyers --- Legal services --- Good, Common --- Public good --- Political science --- Consensus (Social sciences) --- Justice --- Maṣāliḥ al-mursalah (Islamic law) --- Maṣlaḥah (Islamic law) --- Public interest (Islamic law) --- Qiyās (Islamic law) --- History. --- Interpretation and construction --- Law and legislation --- 297.15 --- 297.15 Islam: ethiek; religieuze wetten --- Islam: ethiek; religieuze wetten --- History --- Interpretation and construction&delete& --- Istiṣlāḥ (Islamic law). --- Istiṣlāḥ (Islamic law).
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