The concept of Al-Maslaha Wa Al-Nass with special reference to Kitab Al-Buyu in the book of Bulugh Al-Maram

Suliaman, Ishak (2005) The concept of Al-Maslaha Wa Al-Nass with special reference to Kitab Al-Buyu in the book of Bulugh Al-Maram. Doctoral thesis, University of Wales Trinity Saint David.

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Abstract

This study examines the concept of al-Maslaha wa al-Nass (Public Interest and Islamic legal text) with special reference to Kitab al-Buyu (chapter on business transactions) in the book of Bulügh al-Maram. The analysis moves from the connection formed between al-Maslaha and al-Nass by Muslim jurists to the investigation of the practical principles of al-Maslaha as those principles apply to al-Buyü , as encompassed in the ahadith of the Prophet s. a. w in Kitab al-Buyu. It is for this reason that the book of Bulügh al-Maräm has been chosen by the present researcher; Kitäb al-Buyu represents the most explicit source of ahadith on which to draw for the practical principles discussed. To this end, six chapters have been drawn up in three parts; that is, parts A, B and C. Part A is entitled `The concept of al-Maslaha wa al-Nass in Islamic Jurisprudence', and consists of three chapters. The first deals with the definition and historical development of the concept of al-Maslaha wa al-Nass. The second chapter extends this with the theoretical development of the concept of al-Maslaha wa al-Nass. This conceptual section closes with the third chapter, which focuses on the significance of Talil al-Ahkam for the concept of al-Maslaha wa al-Naas. Part B examines the authenticity of the Hadith, introduces the book of Bulügh al-Maräm and consists of two chapters, chapter four and chapter five. The fourth chapter discusses the main reference sources for the book of the Hadith, while the fifth both introduces the book of Bulügh al-Maram and analyses in detail each successive section. The last part of this thesis is part C, which specifically examines the ahädith. Part C forms the heart of the thesis, building a specific methodology within the juristic framework of the concept of al-Maslaha wa al-Nass for the analysis of alBuyü according to the practical principles drawn up from the 22 sub topics listed in Kitäb al-Buyu (chapter on business transactions) in the book of Bulügh al-Maräm. The thesis concludes that if these principles of public interest are applied to all business transactions in accordance with what is laid down in the ahädith of the Prophet s. a. w, then the public interest of humanity amongst Muslims will be preserved. It is for this reason, that the ahädith of the Prophet s. a. w are given to humanity as a universal living source on which to draw for their eternal well-being. Thus, it is hoped that using the juristic concept of al-Maslaha wa al-Nass as a new tool with which to analyse the ahädith of the Prophet s. a. w opens the door to further study in this field

Item Type: Thesis (Doctoral)
Subjects: B Philosophy. Psychology. Religion > BP Islam. Bahaism. Theosophy, etc
K Law > K Law (General)
Divisions: Theses and Dissertations > Doctoral Theses
Depositing User: EThOS Web Service
Date Deposited: 12 Aug 2019 11:24
Last Modified: 12 Aug 2019 11:24
URI: http://repository.uwtsd.ac.uk/id/eprint/1077

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