Maṣlaḥa and the purpose of the law : Islamic discourse on legal change from the 4th/10th to 8th/14th century / Felicitas Opwis.

Format:

Book

Author/Creator:

Opwis, Felicitas Meta Maria.

Series:

Studies in Islamic law and society ; v31.

Studies in Islamic law and society, 1384-1130 ; v. 31

Language:

English

Subjects (All):

Istiṣlāḥ (Islamic law).

Common good--History.

Common good.

Public interest law--History.

Public interest law.

Islamic law--Interpretation and construction--History.

Islamic law.

Physical Description:

1 online resource (384 pages) : illustrations

Edition:

1st ed.

Place of Publication:

Leiden ; Boston : Brill, 2010.

Language Note:

English

Summary:

Focusing on writings of legal theory by leading jurisprudents from al-Jaṣṣāṣ (d. 370/980) to al-Shāṭibī (d. 790/1388), this study traces the Islamic discourse on legal change. It looks at the concept of maṣlaḥa (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 maṣlaḥa’s epistemology, its role in the law-finding process, the limits of human investigation into divinecommands, and the delineation of the sphere of religious law in Muslim society highlight the interplay between law, theology, logic, and politics that make maṣlaḥa a viable vehicle of legal change up to the present.

Contents:

Introduction

The emergence of Maṣlaḥa as a legal concept

Integrating Maṣlaḥa into legal analogy (Qiyās)

Applying Maṣlaḥa in legal precepts (Qawāʻid)

Using substantive legal reasoning to integrate Maṣlaḥa into the law

A comprehensive theory of Maṣlaḥa

Conclusions.

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

ISBN:

1-282-95262-5

9786612952623

90-04-18569-0

OCLC:

731904320

Publisher Number:

10.1163/ej.9789004184169.i-370 DOI