Maslaha and Maqasid al-Shari‘a

Other Muslim legal scholars have charged scholars like Abou El Fadl and An-Naʾim as being too conciliatory toward western normative legal traditions in their constructions of human rights. Mashood Baderin, in International Human Rights and Islamic Law, argued for the necessity of the Islamic principle of maslaha for (p. 829) realizing human rights in the Islamic world. In this work he maintained that the sources and methods of Islamic law can be fruitfully employed in contemporary human rights discourse. As an interpretive strategy, maslaha refers to the idea of public interest in relation to the law (shari‘a): divine law should …

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