オリエント
Online ISSN : 1884-1406
Print ISSN : 0030-5219
ジュワイニーからガザーリーへ
マスラハ概念定式化への道程
飯山 陽
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2004 年 47 巻 2 号 p. 102-119

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There have been many studies about maslaha since the early 20th century and they agree that Al-Ghazali (d. 1111, 505A. H.) formulated maslaha as a legal concept. They, however, only discuss maslaha from Al-Ghazali on, so it has remained unclear on what kind of theoretical bases Al-Ghazali formulated his famous maslaha thesis by now. In this paper I present some parts of maslaha theory by Al-Juwayni (d. 1085, 478A. H.) so as to consider how Al-Ghazali innovated former theories of maslaha. The core of Al-Ghazali's maslaha thesis is that he defined it as ‘the purpose of God's law’. Al-Juwayni, in his book Al-Burhan, uses the words ‘the intention of the lawgiver’ When writing abaut maslaha. Although he discussed that both maslaha and ‘the intention of the lawgiver’ were ultimate sources of all legal judgements, he treated them a little differently. Legal theorist before Al-Juwayni had regarded maslaha as God's law itself or compliance with it. Then it can be said that Al-Ghazali could have depended on his master, Al-Juwayni's theory of maslaha, or at least got some crucial ideas from it even if the position as the formulator of maslaha is appropriate to Al-Ghazali.

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