Maslahat Kavramının İslam Hukukundaki Rolü: Musa Carullah’ın Yaklaşımı Ve Hukukî Esneklik Üzerine Bir Değerlendirme

Maslahah is a concept in Islamic law that centers on the welfare of the individual and society, serving as one of the key principles invoked during the operation of the ijtihad mechanism. It ensures the flexibility and dynamism of the law. In the classical period, scholars held divergent views regarding the legal status of maslahah as a source of law. Some jurists prioritized maslahah in their legal reasoning and adopted it as a decisive principle in their ijtihad. In contrast, the majority (jumhūr) adhered to traditional and rigorous procedural criteria in ijtihad and recognized maslahah only as a supplementary method, provided it did not contradict the scriptural sources (naṣṣ) and conformed to them. These debates have kept the role of maslahah in legal development and ijtihad continuously relevant throughout history. This study examines Musa Carullah (d. 1949) and his central emphasis on maslahah within Islamic law, highlighting his innovative perspective. It will argue that Carullah regarded the principle of maslahah as a fundamental dynamic for interpreting legal rulings within their historical and social context. He advocated for the adaptability of Islamic law to changing circumstances through a distinction between immutable and variable rulings. The study aims to analyze Carullah’s understanding of maslahah in comparison with the classical tradition, evaluating its contributions to legal flexibility and contemporary ijtihad. His approach to maslahah within the framework of masālih mursalah and the legal elasticity it provides will also be assessed.