Sharia and the Concept of Benefit

Sharia and the Concept of Benefit

Muslim Economies and Islamic Finance

Sharia and the Concept of Benefit
The Use and Function of Maslaha in Islamic Jurisprudence

Author(s): Abdul Aziz bin Sattam

Reviewed by: Abdelkader Chachi

 

Review

The concept of maslahah (general benefit or general interest) is a very important concept in Islamic jurisprudence as it is one of the important tenets of the Islamic Shari[ah. The basic objectives of the Shari[ah (Maqasid al-Shari[ah) lie in the achievement of the welfare of all the members of society, by promoting all kinds of maslahah (benefit/interest) and avoiding all kinds of mafsadah (harm) that is harmful to them in their religion (Din), life (Nafs), mind ([Aql), progeny (Nasl) and wealth (Mal). Maslahah (pl. masalih) has a rich history in classical legal thought and literature. It is one of the most important secondary sources of legislation in the Shari[ah along with Istihsan (preference) and [Urf (customs. Apart from the Zahiri school of jurisprudence and Imam al-Razi, the majority of Muslim jurists agree that the Shari[ah rulings are motivated and regulated by the aim to secure and maximise maslahah and prevent and minimize mafsadah for the people (p.7).


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