This document discusses the Islamic legal principle of sadd al-dhara'i (blocking the means). It begins by defining sadd al-dhara'i as blocking means that could lead to a prohibited end. It then classifies the types of means into four categories based on the likelihood they will lead to harm. The document also discusses the meaning and classifications of maslahah mursalah (unrestricted public interest), and conditions for maslahah mursalah to be valid basis for law, including being genuine, general, and not in conflict with Islamic texts. The basis for maslahah mursalah includes Quranic verses emphasizing ease of religion and lifting of hardships.

1. UTILIZATION
AGREED UPONAGREED UPON
AL-QUR’AN
AL-SUNNAH
DISAGREED UPONDISAGREED UPON
AL-IJMA’
AL-QIYAS
AL-ISTIHSAN
AL-’URF
AMAL AHL AL-MADINAH
MASALIH MURSALAH
AL-ISTISHAB
SAD DHARAI’

2. SADD AL-DHARAI’

3. SADD AL-DHARAI’
 THE MEANING
 THE CLASSIFICATION
 THE BASIS

4. THE MEANING OF SADD AL-DHARAI’
 Literal Meaning
Sadd means blocking. Dharai’ means the ways of obtaining a
certain end. It also means method or medium towards something.
According to the term, dhariah is the medium towards other things
either to practise or not to practise.
 Technical Meaning
Blocking the means to an expected end which is likely to
materialise if such a means is not blocked.
 Al-Qarafi:
“Closing down the means of evil in order to prevent it”

5. THE MEANING OF SADD AL-DHARAI’
 There are two factors in judging : firstly maqasid which is something
that shapes the importance (masalih) and disadvantage (mafasid).
Secondly : Wasail which is referred to the method to reach the
maqasid.
 The ruling for the method is the same ruling of the purpose and
objective. For example, Jumaat prayer is compulsory, therefore to go
to the mosque to perform solat al-jumaat and to stop transaction
activities during the prayer time is then compulsory.
 Fornication is prohibited, therefore, hermitage with non mahram in
an isolated place is also prohibited because it could lead to the
fornication which is haram.

6. CLASSIFICATIONS OF SADD AL-DHARAI’
 Four categories of Sadd al-Dharai’:
a. Dharai’ which definitely leads to evil
b. Dharai’ which is most likely to lead to evil and is rarely, if ever,
expected to lead to a benefit.
c. Dharai’ which frequently leads to evil but there is no certainty
(that it will frequently leads to evil), nor even a prevailing
probability that this will always be the case.
d. Dharai’ which is rarely expected to lead to evil and is most likely
to lead to a benefit.

7. DHARAI’
DEFINITELY
leads to evil
MOST LIKELY
leads to evil
& RARELY leads expected
to lead to a benefit
FREQUENTLY
leads to evil
but w/out certainty
RARELY
expected to lead
to evil and is MOST
LIKELY to lead to a benefit
TYPE A
a. The building of structure at hill slope which
is proven to be unsafe for the construction of
any buildings.
b. Digging a deep pit on a public path which
is not lit at night. Anyone who passes the
path is most likely to fall in the pit.
TYPE B
Example:
a. Selling of weapons at the time of war
b. Selling grapes to a wine maker
c. Free mixing between the opposite sex
d. Marrying with the intention of divorce so as to enable her to
re marry her previous husband
Al-Shatibi:
“This type of Dharai’ is forbidden especially to Maliki and
Hanbali”
TYPE C
The usage of credit card for those who are certain
of not being able to repay the credited amount
taken at the due date
The scholars differed in this matter:
a. The Malikites and Hanbalites held the opinion
that the means which is likely to lead to harm is
haram and must be hindered.
b. Abu Hanifah and Shafi’i ruled that unless it
definitely leads to evil, the basic legality of the
action must be held to prevail
TYPE D
Example:
The usage of current equipment such as
computers, internet, television,
telecommunication equipments.
The scholars are generally in agreement on
the appreciation of this type of Dharai’.

8. THE BASIS OF SADD AL-DHARAI’
108(
“And do not abuse those whom they call upon besides Allah, lest
exceeding the limits they should abuse Allah out of ignorance”
 The prohibition of the practice of monopoly (al-Ihtikar)
The practice of al-ihtikar is forbidden as it will lead to
difficulties among people particularly if it is practice in order
to raise the price of essentials goods.

9. XGOOD YHARAM
HARAM

10. MASLAHAH AL-MURSALAH

11. THE MEANING OF MASLAHAH
 Literal Meaning
Maslahah : benefit or interest
 Technical Meaning
Maslahah Mursalah is unrestricted public interest in the sense of not
having been regulated by the Legislator and when no textual
authority can be found on its validity or otherwise

12. MASLAHAH AL-MURSALAH
 The Meaning of Maslahah
 The Classification of Maslahah
 Conditions for the Validity of Maslahah
 The Basis of Maslahah Mursalah

13. THE MEANING OF MASLAHAH (Cont’d)
 Al-Ghazali, Muhammad ibn Muhammad
“The consideration which secures a benefit or prevents harm but –in the
meantime- is harmonious with the aim and objective of the Shariah”
 Any measure which secures these value falls within the scope of
maslahah and anything which contravenes them is mafsadah (evil).
 Preventing mafsadah is also considered as maslahah.

14. THE CLASSIFICATION OF MASLAHAH
 The scholars have divided maslahah into three categories
a. al-Maslahah al-Mu’tabarah
Accredited Maslahah
b. al-Maslahah al-Mulga
Invalidated Maslahah
c. al-Maslahah al-Mursalah
Maslahah w/out any text neither to validate it nor to invalidate
it.

15. AL-MASLAHAH AL-MU’TABARAH
 The maslahah or the benefit which the Qur’an or al-Sunnah has
expressly upheld and has enacted a law for its realization
 The validity of this maslahah is absolute, thus it cannot be rejected
and must be upheld.
 The scholars are in agreement in promoting and protecting this
type of maslahah.
 Example:
The verses which prohibited the consumption of liquor.
The verses which prohibited killing.

16. AL-MASLAHAH AL-MULGA
 The maslahah which al-Qur’an and al-Sunnah has nullified
either clearly or by indication that could be found in
Shariah.
 The scholars are in agreement that legislation based on such
maslahah/interest is invalid and no judicial ruling may be
enacted in its favor.
 Example
The practice of usury
An attempt to give the son and daughter an equal share in
inheritance.
An attempt to give the wife the right of divorce.

17. AL-MASLAHAH AL-MURSALAH
The maslahah which has not been regulated by the Legislator
and there is no textual authority can be found on its validity
or otherwise. In other words, al-maslahah al-mursalah is
referred to a benefit or interest that includes in the
objectives of the syariah, without any evidence found in the
nass either to considered or reject.
 The scholars are not in agreement whether it is a valid basis
for regulation of law or not.
Example
a. Codification of al-Qur’an
b. Death penalty for a group of people who are involved in
killing a person
C. Not allow an ill-husband who is about to die (marad al-
maut) to divorce his wife in order to prevent her from
getting his property.

18. CONDITIONS FOR THE VALIDITY OF MASLAHAH MURSALAH
 The Maslahah must be genuine.
()
 The Maslahah must be general.
()
 The Maslahah must not be in conflict with al-Qur’an, al-
Hadith or al-Ij’ma’.

19. GENUINE MASLAHAH
The maslahah must be genuine as opposed to imaginary
maslahah (maslahah wahmiyyah)
There must be a sensible probability that the benefits of
legislating a rule in the pursuance of maslahah outweighs the
harms that might accrue from it.
Example of an imaginary maslahah
To abolish the husband's right of Talaq by vesting it entirely
in a court of law

20. GENERAL MASLAHAH
 Maslahah must prevents harm or secures benefit to the
people as a whole and not to a particular person or group of
persons.
 This indicates that legislating a rule on ground of maslahah
must consider a benefit to the largest possible number of
people.
 This is because the whole concept of maslahah is meant to
secure the welfare of the people at large.

21. THE BASIS OF MASLAHAH MURSALAH
 Al-Qur’an explain that Allah did not intent to burden
mankind through the different injunctions revealed to them:
"... ...."
“…He has not laid upon you in religion any hardship…”
[al-Hajj: 75]
.
“…Allah intends for you ease, and He does not want to make
things difficult for you...”
[Al-Baqarah: 185]

22. THE BASIS OF MASLAHAH MURSALAH (CONT’D(
 The consideration of the public interest will definitely lead to lifting
hardship and burden on mankind.
 There are many instances in the history of Islamic law and the
views of scholars that indicate the usage of this source as the
important tool in deducing the rulings of Fiqh. Denying the usage of
such source will lead to the passiveness of Shariah and this will lead
to inability of resolving and suggesting appropriate solution to many
contemporary issues facing the ummah.