Maslaha Flashcards
(17 cards)
Whose approach did early reformers of Maslaha take?
They followed al-Tufi’s expansive understanding of maslaha
What does maslaha mean?
It literally translates to a source of something good and beneficial
In English, what is the principle of maslaha called?
The Principle of Public Interest
Why is maslaha important?
Maslaha embodies the purpose of Islamic law
Where can early rulings based on maslaha be found?
2/8th century to 3/9th century
Which jurist first introduced the principle of Maslaha?
Hanafi jurist Abu-Bakr al-Jassas: in a vague and undefined way
Who made the concept of maslaha more tangible?
Shafi’i jurist al-Ghazali: argued that maslaha was God’s purpose and the intention was to preserve the 5 essential elements of well-being
According to Islamic Law, what are the 5 essential elements of well-being?
Religion, life, intellect, offspring and property
Which two positions did al-Ghazali’s maslaha manage to reconcile?
Rationalist objectivism and theist subjectivism
What is the objective perspective?
That all acts are inherently good or bad and that human intellect is able to discern the difference without divine intervention
It thus means a ruling is correct and legitimate when it permits a beneficial act or prevents a harmful one
What is the subjective perspective?
Proposed by the Ashari school, human intellect is incapable of arriving at moral knowledge without divine intervention
A legal ruling is thus only legitimate when it comes from a divine source
What was the purpose of maslaha?
To extend the divine law to new cases not addressed by scriptural sources but to amend existing law in particular circumstances
What is the controversy surrounding the use of maslaha?
Whether it is possible for the human intellect to discern maslaha without concrete indication from the scriptural sources
What are the two ways in which jurists can achieve legal certainty?
Formal or substantive legal rationality (stems from Weber’s notion of legal rationality)
How would a jurist employ formal legal rationality?
By determining the correct ratio legis using formal steps
How would a jurist follow substantive legal rationality?
Whether the derived rule is in accordance with the purpose of Islamic law
Who were the two reformers of maslaha in the late 19th/ early 20th century?
Al-Qasimi and Rashid Rida
Both endorsed al-Tufi’s view because they best suited the aims of modern reformation
