Maṣlaḥah-Mafsadah concept provides a necessary conduit for treating unprecedented legal cases, thereby making it possible for the jurists to arrive at jurisprudential decision without the rigours of extensive reading of copious Fiqh treatises. In Maqāṣid al-Sharʿīah (Philosophy of Islamic Law), this concept has rarely or never been treated as legal heuristic for bringing about therapeutic solution on legal issues. Thus, this chapter attempts to design a Maṣlaḥah-Mafsadah framework through which many challenges found in the course of addressing issues in Maqāṣidic paradigm can be tackled. The chapter argues that by using this paradigm to address modern issues, it will invigorate Islamic legislation which regulators and policymakers could rely upon in setting standards and guidelines for their institutions or establishments. The chapter concludes with the caveat that the determination of a valid Maṣlaḥah or Mafsadah is beyond the purview of Muslim jurists alone; it requires the complementary efforts of experts in specific fields.

错误:搜索内容不能为空,请输入英文关键词
错误:关键词超出字数限制,请精简
高级检索

Maṣlaḥah and Mafsadah: A Legal Therapeutic Heuristic to Maqāṣid al-Sharīʿah: Philosophy of Islamic Law

  • Luqman Zakariyah,
  • Abiola Muideen Lateef

摘要

Maṣlaḥah-Mafsadah concept provides a necessary conduit for treating unprecedented legal cases, thereby making it possible for the jurists to arrive at jurisprudential decision without the rigours of extensive reading of copious Fiqh treatises. In Maqāṣid al-Sharʿīah (Philosophy of Islamic Law), this concept has rarely or never been treated as legal heuristic for bringing about therapeutic solution on legal issues. Thus, this chapter attempts to design a Maṣlaḥah-Mafsadah framework through which many challenges found in the course of addressing issues in Maqāṣidic paradigm can be tackled. The chapter argues that by using this paradigm to address modern issues, it will invigorate Islamic legislation which regulators and policymakers could rely upon in setting standards and guidelines for their institutions or establishments. The chapter concludes with the caveat that the determination of a valid Maṣlaḥah or Mafsadah is beyond the purview of Muslim jurists alone; it requires the complementary efforts of experts in specific fields.