An analysis of maslahah's development through al-Ghazali pre and post al-Ghazali periods

Laluddin, Hayatullah and Mohammad, Mohamad Nasran and Mohd. Kusrin, Zuliza and Ahmad, Shofian and Nasoha, Zaini and Muda , Mohd. Zamro and Ahmad, Md. Yazid and Husni, Ahmad Muhammad (2012) An analysis of maslahah's development through al-Ghazali pre and post al-Ghazali periods. International Business Management, 6 (2). pp. 187-193. ISSN 1993-5250

PDF - Published Version Restricted to Registered users only Download (529kB) | Request a copy

Abstract

The purpose of this article is to expose and identify the development of maslahah, as a dynamic principle of the Islamic jurisprudence of a high methodological significance. To achieve this objective, the authors undertake an in depth study of jurists discourse on maslahah, and hence, an analysis of the various stages of its development. Both historical and analytical methods are adopted in this article. The authors by referring to Muslim jurists’ discourse on maslahah, in the context of the development of legal theory, derive the conclusion, that maslahah initially was perceived as a notion of consideration of public welfare. However, its use in this sense was on ad hoc basis and lacked consistency. Its elaborate discussion and hence, recognition as a mature technical term materialised during the fifth century of hijrah. This can be observed clearly from the writings of Muslims jurists of pre-al-Ghazali, during al-Ghazali and post-al-Ghazali periods including those of al-Ghazali’s writings, himself. However, Al-Shātibī discussion of maslahah within the framework of the theory of the purposes of the law, made it of remarkable and profound importance to methodological reconstruction and renewal of Islamic law.

Item Type:	Article (Journal)
Additional Information:	7096/40308
Uncontrolled Keywords:	Msalaha, Islamic Law, purposes of the law, jurisprudence methodology
Subjects:	K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Kulliyyah of Economics and Management Sciences
Depositing User:	Hayatullah Laluddin
Date Deposited:	27 Jan 2015 14:58
Last Modified:	13 Mar 2015 16:19
URI:	http://irep.iium.edu.my/id/eprint/40308

Actions (login required)

View Item