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Maslaha or maslahah (Arabic: مصلحة, lit. ' public interest ') is a concept in Sharia (Islamic divine law) regarded as a basis of law. [1] It forms a part of extended methodological principles of Islamic jurisprudence (uṣūl al-fiqh) and denotes prohibition or permission of something, according to necessity and particular circumstances, on the basis of whether it serves the public ...
Although most classical-era jurists recognized maslaha and maqāsid as important legal principles, they held different views regarding the role they should play in Islamic law. [15] [17] Some jurists viewed them as auxiliary rationales constrained by scriptural sources and analogical reasoning.
[103] [111] Taking maqasid and maslaha as an "independent" source of sharia – rather than an auxiliary one – will pave the way for the re-critique and reorganization of ahkam in the context of maqasid and maslaha, [112] thus (including hudud), which is often criticized in terms of today's values and seen as problematic, [113] in terms of ...
Istislah (Arabic: استصلاح, lit. ' to deem proper ') is a method employed by Islamic jurists to solve problems that find no clear answer in sacred religious texts. It is related to the term مصلحة Maslaha, or "public interest" (both words being derived from the same triconsonantal root, "ṣ-l-ḥ"). [1]
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Tufi's interpretation of maslaha did not take hold until the early 20th century when the Arab Salafiyya scholars Jamal ad-Din al-Qasimi (1866–1914 C.E) and Muḥammad Rashīd Riḍā (1865–1935 C.E) revived his concept of maslaha in the Islamic magazine al-Manar to counter secular reformers.
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