Laluddin, Hayatullah and Mohammad, Mohamad Nasran and Mohd Kusrin, Zuliza and Ahmad, Shofian and Nasohah, Zaini and Muda, Mohd Zamro and Mohd Saman, Md Yazid and Muhammad Husni, Ahmad (2012) An analysis of maslahah's development through al-Ghazali pre and post al-Ghazah periods. International Business Management, 6 (2). pp. 187-193. ISSN 1993-5250
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Abstract
The purpose of this study is to trace and analyze the development of maslahah as a dynamic principle of the Islamic jurisprudence of a high methodological significance. To achieve this objective, the researchers undertake an in depth study of jurists discourse on the subject, tracing various stages of its development. Both historical and analytical methods are adopted in this study. The researchers 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 5th 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-Shatibi 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) |
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Additional Information: | 7096/70004 |
Uncontrolled Keywords: | Maslahah, Islamic law, purposes of the law, jurisprudence methodology, public welfare, Malaysia |
Subjects: | K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP10 Societies.Associations |
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): | Kulliyyah of Islamic Revealed Knowledge and Human Sciences > Department of Fiqh and Usul al-Fiqh |
Depositing User: | Dr Ahmad bin Muhammad Husni al-Jufri |
Date Deposited: | 19 Apr 2019 15:49 |
Last Modified: | 19 Apr 2019 15:49 |
URI: | http://irep.iium.edu.my/id/eprint/70004 |
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