Karâfî's teory of maslaha and mefsedet
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Abstract (EN)
This study examines the nature of Shihāb al-Dīn al-Qarāfī's theory of maṣlaḥa and its influence on Islamic legal thought. It first explores the place of the concept of maṣlaḥa within the framework of uṣūl al-fiqh, its historical development, and the various understandings prior to al-Qarāfī. The views of key scholars from the era of the Companions and Successors are examined to revealbackground thatshaped al-Qarāfī's thought. The study adopts a literature review method. Through the analysis of primary sources and secondary literature, it was determined that al-Qarāfī systematized the theory of maṣlaḥa and mafsada, constructed it on the basis of legal maxims (al-qawāʿid al-kulliyya), and related it to fields such as politics. His approach was found to be a source of inspiration for modern legal codification efforts and to have left a significant imprint on subsequent generations of scholars. The findings indicate that al-Qarāfī followed a coherent methodology in building his theory, balancing maṣlaḥa and mafsada by taking into account both the revealed texts and public interest. His approach influenced scholars such as al-Shāṭibī, Ibn ʿĀshūr, al-Ṭūfī, and Ibn Taymiyya, and provided a significant theoretical foundation for the contemporary applicability of the concept of maṣlaḥa. Keywords: Islamic law, Maṣlaḥa, Mafsada, Legal Maxims, Codification, al-Qarāfī
Author
Ahmet Said Takak
How to Cite
Ahmet Said Takak (Master Thesis). Karâfî's teory of maslaha and mefsedet, 2025, Batman University.
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