Maslaha

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Maslaha or maslahah (Arabic: مصلحة‎, lit. Maslaha_sentence_0

'public interest') is a concept in shari'ah (Islamic divine law) regarded as a basis of law. Maslaha_sentence_1

It forms a part of extended methodological principles of Islamic jurisprudence (Uṣūl al-fiqh), and denotes prohibition or permission of a thing according to necessity and particular circumstances, on the basis of whether it serves the public interest of the Muslim community (Ummah). Maslaha_sentence_2

In principle, maslaha is invoked particularly in cases that are not regulated by the Qur'an, the Sunnah (the teachings and practices of the Islamic prophet Muhammad), or qiyas (analogy). Maslaha_sentence_3

The concept is acknowledged and employed to varying degrees depending on the jurists and schools of Islamic jurisprudence (maddhab). Maslaha_sentence_4

The application of the concept has become more important in modern times because of its increasing relevance to contemporary legal issues. Maslaha_sentence_5

Overview Maslaha_section_0

The concept was first clearly articulated by al-Ghazali (d. 1111), who argued that maslaha was God's general purpose in revealing the divine law, and that its specific aims was preservation of five essentials of human well-being: religion, life, intellect, offspring, and property. Maslaha_sentence_6

Although most classical-era jurists recognized maslaha as an important legal principle, they held different views regarding the role it should play in Islamic law. Maslaha_sentence_7

Some jurists viewed it as auxiliary rationale constrained by scriptural sources and analogical reasoning. Maslaha_sentence_8

Others regarded the concept as an independent source of law, whose general principles could override specific inferences based on the letter of scripture. Maslaha_sentence_9

While the latter view was held by a minority of classical jurists, in modern times it came to be championed in different forms by prominent scholars who sought to adapt Islamic law to changing social conditions by drawing on the intellectual heritage of traditional jurisprudence. Maslaha_sentence_10

Along with the analogous concept of maqasid, it has come to play an increasingly prominent role in modern times, due to the need of confronting legal issues unknown in the past. Maslaha_sentence_11

There are several other equivalent or analogous concepts in Uṣūl al-fiqh, some of each associated with respective maddhabs. Maslaha_sentence_12

The concept of maqasid (aim or purpose) is comparable in a sense that both connote the ultimate objective and goal of the application of the shari'ah. Maslaha_sentence_13

The concept of istislah is a related subject which is employed by Imam Ahmad ibn Hanbal. Maslaha_sentence_14

While the meaning of maslaha is "public interest", the meaning of istislah is "to seek the best public interest"— the Sharia's object and purpose. Maslaha_sentence_15

The concept of istihsan means equitable preference for finding solutions to the legal issues. Maslaha_sentence_16

This term is used by the Hanafi school of law, and according to the understanding, it is possible to override the results of qiyas when it is considered harmful or undesirable. Maslaha_sentence_17

The term was also used by the Hanbali scholar Ibn Qudamah as well as the Maliki jurist Averroes. Maslaha_sentence_18

While the Shafi'i school does not recognize the application of maslaha as it may open the door to the unrestricted use based on fallible human opinions, they have a concept corresponding to maslaha which called istidlal, induced when it is necessary to avoid the strict application of qiyas. Maslaha_sentence_19

Usage Maslaha_section_1

Maslaha was used in one sense by the Andalusian lawyer al-Shatibi (d. 1388), who focused on the motivations behind the Islamic law. Maslaha_sentence_20

Regarding questions related to God, 'ibadat, humans should look to the Qur'an or the Sunnah for answers, but regarding the relationship between humans, mu'amalat, humans should look for the best public solution. Maslaha_sentence_21

Since societies change, al-Shatibi thought that the mu'amalat part of the Islamic law also needed to change. Maslaha_sentence_22

Maslaha has also been used by several Muslim reformers in recent centuries. Maslaha_sentence_23

Ibn Abd al-Wahhab (d. 1792) used maslaha in a few cases. Maslaha_sentence_24

The concept is more known to Islamic modernists. Maslaha_sentence_25

Among them, Muhammad Abduh is especially recognized for using the concept of maslaha as the basis for reconciling modern cultural values with the traditional moral code of Islamic law in the late 19th century. Maslaha_sentence_26

The Muslim Brotherhood, an Islamic fundamentalist group, also invokes maslaha to explain their commitment to public welfare. Maslaha_sentence_27

External Links Maslaha_section_2

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See also Maslaha_section_3

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Credits to the contents of this page go to the authors of the corresponding Wikipedia page: en.wikipedia.org/wiki/Maslaha.