In our times, many views and fatwas have been presented in the name of Islam opposing the law and contradicting the legal texts, which are used by its proponents as a justification of them with maslahah being at the forefront. Whenever legal texts are offered in response to this matter, proponents of maslahah argue by saying that maslahah necessitates this. Therefore, what is the position of maslahah within deriving legislation ( al-tashri c ) and is it valid to accept it as a legal evidence? Moreover, have any of the scholars reasoned with maslahah ? The sources for deriving legislation are agreed to be the Qur’an and the Sunnah and with very little exception, Ijma c [i] and Qiyas . [ii] There are disagreements amongst scholars regarding the details and principles of these sources as well as the methodologies employed in reasoning with each source. However, the broader details and the greater dis...
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