Istislah in the context of "Thomas Aquinas"

Sunni Islam is the largest branch of Islam and the largest religious denomination in the world. It holds that Muhammad did not appoint any successor and that his closest companion Abu Bakr (r. 632–634) rightfully succeeded him as the caliph of the Muslim community, being appointed at the meeting of Saqifa. This contrasts with the Shia view, which holds that Muhammad appointed Ali ibn Abi Talib (r. 656–661) as his successor. Nevertheless, Sunnis revere Ali, along with Abu Bakr, Umar (r. 634–644) and Uthman (r. 644–656) as 'rightly-guided caliphs'.

The term Sunni means those who observe the sunna, the practices of Muhammad. The Quran, together with hadith (especially the Six Books) and ijma (scholarly consensus), form the basis of all traditional jurisprudence within Sunni Islam. Sharia legal rulings are derived from these basic sources, in conjunction with consideration of public welfare and juristic discretion, using the principles of jurisprudence developed by the four legal schools: Hanafi, Hanbali, Maliki and Shafi'i.

Maslaha or maslahah or maslahat (Arabic: مصلحة, lit. 'benefit, public interest') or maslaha mursala (Arabic: مصالح مرسلة, lit. '"sent", "transmitted", "unbonded", "open" or "unconditional" public interest'), comes from the term "Salihat" (good deeds, also linked to Islah and Istislah), is a concept in Sharia (Islamic divine law) regarded as a basis of law. It forms a part of extended methodological principles of Islamic jurisprudence (uṣūl al-fiqh) and denotes prohibition or permission of something, according to necessity and particular circumstances, on the basis of whether it serves the public interest of the Muslim community (ummah). In principle, maslaha is invoked particularly for issues that are not regulated by the Qur'an, the sunnah (the teachings and practices of the Islamic prophet Muhammad), or qiyas (analogy). The concept is acknowledged and employed to varying degrees depending on the jurists and schools of Islamic jurisprudence (madhhab). The application of the concept has become more important in modern times because of its increasing relevance to contemporary legal issues. The opposite term of maslaha is mafsada (مفسدة, harm). Islamic politics is itself predicated on maslaha, and is such changeable, as it must respond to the exigencies of time. The term is different from bidah.

Istiḥsān (Arabic: ‏اِسْتِحْسَان‎ [is.tiːħ.saːn]) is an Arabic term for juristic discretion. In its literal sense it means "to consider something good". Muslim scholars may use it to express their preference for particular judgements in Islamic law over other possibilities. It is one of the principles of legal thought underlying scholarly interpretation or ijtihad.

A number of disputes existed amongst the classical jurists over this principle with the Hanafi school of jurisprudence and its jurists (fuqahah) adopting this as a secondary source. It is not the same thing as istislah, which plays a prominent part in other schools, including Maliki school, or istihlal, which is a derisive term for deeming something forbidden as permissible.

Sunni Islam is the largest branch of Islam and the largest religious denomination in the world. It holds that Muhammad did not appoint any successor and that his closest companion Abu Bakr (r. 632–634) rightfully succeeded him as the caliph of the Muslim community, being appointed at the meeting of Saqifa. This contrasts with the Shia view, which holds that Muhammad appointed Ali ibn Abi Talib (r. 656–661) as his successor. Nevertheless, Sunnis revere Ali, along with Abu Bakr, Umar (r. 634–644) and Uthman (r. 644–656) as 'rightly-guided caliphs'.

The term Sunni means those who observe the sunna, the practices of Muhammad. The Quran, together with hadith (especially the Six Books) and ijma (scholarly consensus), form the basis of all traditional jurisprudence within Sunni Islam. Sharia legal rulings are derived from these basic sources, in conjunction with consideration of public welfare and juristic discretion, using the principles of jurisprudence developed by the four predominant legal schools: Hanafi, Maliki, Shafi'i and Hanbali.

The Ahl al-Ra'y, sometimes referred to in English as rationalists, refers to an Islamic creedal group advocating for the use of reason for theological decisions and scriptural interpretation. They were one of two main groups debating the source of Islamic creed in the second century of Islam, the other being Ahl al-Hadith (the people of hadith).

Its proponents, which included many early jurists of the Hanafi school, used the term ra'y to refer to "sound" or "considered" reasoning, such as qiyas (analogical deduction). Their opponents from the Ahl al-Hadith creedal group held that the Quran and authentic hadith were the only admissible sources of Islamic law, and objected to any use of ra'y in jurisprudence, whether in the form of qiyas, istislah (consideration of public interest), or hiyal (legal subterfuges). According to Daniel W. Brown, Ahl al-Ra'y thought a hadith should "sometimes be subject to other overriding principles" such as the "continuous practice" of the community and "general principles of equity" which was claimed to "better represent the spirit of the Prophet" Muhammad.