ABSTRACT
This artide investigates the concept of ma$la/:ta in contemporary Islamic legal theory. After presenting models of ma$la/:ta developed by al-Ghazal1, Fakhr al-Din al-Raz1, al-Qarafi, al-Tufi, and al-Shatib1, I analyze writings on m~la/:ta by leading jurists from the late 13th/ 19th century to the 1380s/ 1960s, namely al-Qasim1, Rash!d Ri<;la, Mal;ma~an1, 'Allal al-Fas!, Khallaf, and al-Biitl. The findings show that the earlyreformers tended towards alTufi's expansive understanding of the principle of ma$la/:ta in the la w-finding process. Later jurisprudents, in contrast, either advocated a halistic approach similar to that of al-Shatib1 or espoused a more restrictive use of ma$la/:ta like that of al-Ghazal1 and al-RazL The way in which jurists employ the principle of ma$la/:ta is not random but rather is influenced by education, personal position, and historical environment.
