Al-Tufi's Concept of Maslahah. An Attempt to Apply on the Woman's Inheritance in theIslamic Inheritance Jurisprudence (PDF)

Masterarbeit aus dem Jahr 2020 im Fachbereich Orientalistik / Sinologie - Islamwissenschaft, Note: 1,8, Universität Leipzig (Oriental Institute), Veranstaltung: Arabic and islamic Studies, Sprache: Deutsch, Abstract: This study aims to find an access point from which one can arrive at a principle that, based on the authoritative sources of Islam, provides a solution to the current problems of the entire Islamic community. The study deals scientifically with the concepts common good (al-Maslahah), the text (al-Nass) and the specification (at-Takhsis) of Al-Tufi to then examine whether this principle applies to current problems of Islamic law how the daughters' inheritance entitlement is to be applied.

The right of inheritance of women in Islam was revolutionary. Now that women are on the job market, take part in the maintenance of the family, and even become the breadwinner, it is totally unfair to give them only half of the inheritance of a male person. The practice of the Companions of the Prophet shows several cases where they have deviated from the authoritative parts of the inheritance in the Quran for achieving justice among the heirs, which questions whether they have any definite meaning.

Did the inheritance parts in the Quran only serve as guiding examples? The maslaha concept by Al-Tufi checks the legal norms for consequences in reality. If a norm was derived from a presumptive text and in practice somehow leads to harm to people, one may rather recognize the benefit of the people and avert the harm. Whether the inheritance of Quranic parts are presumptive and the maslaha concept comes into use is the subject of this thesis.