This thesis studies Shatibi's (d. 790/1388) frequently quoted yet little explored and often misunderstood concept of maslaha

This thesis looks at the concept of bid`a as defined by al-Shat&dotbelow;ibi (d. 790/1388) in his al-I`tis&dotbelow;am. It begins by setting this definition in the context of his time, which was an era of rapid change, and in the context of the criticisms leveled at al-Shat&dotbelow;ibi by those who accused him of introducing innovations into the law. His analysis of bid`a was written in response to this situation and it was also an exercise in reformulating the concept on the basis of a strict legal methodology. Our investigation therefore includes a survey of the fundamental features of bid`a, defined by al-Shat&dotbelow;ibi as having two aspects: al-bid`a al-h&dotbelow;aqiqiyya (real bid`a) and al-bid`a al-id&dotbelow;afiyya (relative bid`a). This taxonomy will in turn be considered in the light of his division of the Shari`a into `ibadat (religious matters) and ` adiyyat (mundane matters). Furthermore, it also analyzes al-Shat&dotbelow;ibi's distinction between the basic character of mas&dotbelow;lah&dotbelow;a mursala and istih&dotbelow;san on the one hand, and bid`a on the other. Having concluded that the latter is essentially prohibited, he was concerned to validate the first two, which he realized were vital sources of the law. The investigation will also investigate al-Shat&dotbelow;ibi's rejection of the possibility that bid`a could be divided into good and bad, and his objection to assigning the five legal values to this concept.

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