Public Interest (Maslahah Mursalah).pptx

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Public Interest
Maslahah al-Mursalah
‫المرسلة‬ ‫مصلحة‬
Case Study Room
5th October 2018
Assoc. Prof Dr. Muhammad Yusuf Saleem

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• Definition, Justification, Conditions
• Application of Maslahah
• Maslahah, Qiyas and Istihsan
Contents

Definition, Justification, Conditions

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• Maslahah al-Mursalah (‫المرسلة‬ ‫)مصلحة‬
• Maslaha literally means benefit and Mursalah means set lose from the text
• Maslahah al-Mursalah literally, means undefined or unrestricted public interest
• An issue of public interest on which there exist no text on its permissibility or otherwise
• Technically, Maslahah al-Mursalah refers to a consideration which is proper and
harmonious with the objectives of Shari’ah and which secures a benefit or prevents a
harm
• According to Imam Malik Maslahah is one of the sources of Shariah and can provide
a basis for a ruling
• A method to make rules which are
– Harmonious with Shariah
– Secures public interest or benefit to the people
• To serves a public Maslahah
• Provided no textual evidence is found on its permissibility or prohibition

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• The benefits (Masalih/‫)مصالح‬ and harms (Mafasid) are numerous
– They can neither be enumerated nor predicted
– They change from time to time and from a place to a place
• The ways and means to achieve these benefits are also numerous
• These measures may also differ from time to time
• Preventing a Mafsadah is also a Maslahah

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• To Imam al-Ghazali, Maslahah refers to any measure that secures benefit or
prevents a harm, but which are simultaneously harmonious with the
objectives of Shariah
– The protection of the five fundamental values
– Any measure which secures these values falls within the scope of
Maslahah
– Any measure which violates them is evil/harm (Mafsadah)
• Maslahah al-Mursalah and Siyasah Shar’iyyah
• According to Ibn Qayyim "
‫شرعية‬ ‫سياسة‬
" comprises all measures that bring
people closer to beneficence (‫)اصالح‬ and move them away from corruption
(‫)فساد‬ even if no authority is found for them in Quran and the Sunnah of the
Prophet (pbAbuh)

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Conditions
A maslahah should be
1. Rational and related to practical issues ( ‫العملية‬ ‫)أحكام‬ and not to matters of
faith (‫)عقائد‬
2. Harmonious with the spirit of Shariah and not in conflict with it
3. Essential or necessary ( related to the protection of five fundamental
values) and not concerning decorative or luxuries (Tahsiniyyat)
4. Genuine (‫)حقيقية‬ and not imaginative based on a mere suspicion of
plausibility
– Relate to the protection of the five essential values
5. General- protect the public interest and not the interest of a particular
person or group of persons
6. Prevent or remove harm from the people

Application of Maslahah

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• Cases/Examples of Masalih
• An example of Maslahah in Surah Yusuf
• Maslahah Mursalah could also be used to introduce policies that would
stabilize the prices of essential commodities and inflation
– The debate on price determination (Tas’ier)
• Examples of rulings made by the companions on the basis of Maslahah al-
Mursalah
– Issuing currency
– Approving the building of prisons
– Umar (r.a.) held his officials accountable for the wealth they had
accumulated in abuse of public office and expropriated such wealth
(Anti-corruption agencies)
– Leaving the conquered land with the people of Iraq and imposing Kharaj
on them

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• An act which is initially mandub could be made wajib
– Official documentation of marriages, real properties, vehicles, etc.
• To prevent harm (‫)مفسدة‬ which is the prevalence of perjury in the proof of these claims
– Compulsory Ibra
• SAC Resolution
• Mubah could be made wajib
• Mubah could be restricted (taqayyid al-mubah)
– The requirement to take license/permission in order to do permissible acts
• Ihya al-mawat
• Taking deposits by licensed institutions
• Driving licenses
• Marrying a second wife
– Making permissible things/acts difficult
• Restrictions on buying second or third houses to avoid speculation
– The acts remains mubah but the persons performing them must fulfil some conditions
• Haram can never be made mubah on the basis of Maslahah

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• Provision of third party guarantee for capital and/or profit in a wadiáh/qardh
deposit transaction
– Depositors’ insurance Scheme
• Regulatory requirement that a Takaful operator should provide a qardh to the
Participant Fund in case of deficit
• Provision of Hibah to depositors
• Financier of Last Resort
• Fixing the prices of essential commodities in certain situations
• Imposing capital control
• Pegging of currencies

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• Maslahah is also more relevant to macro-economic and policy issues
• Monetary policy and exchange rate
– Control inflation and stabilize prices
– Encourage investments and job creation
– Import and export policies
• An evaluation of free trade agreements
• Taxing imported goods
• Fiscal policy
– Imposing taxes besides zakat
• Measures that prevent market distortion
– Anti Monopoly measures
• Measures that increase market efficiency
• Minimum wage policy
• Creation and protection of jobs and economy
• A regulatory framework for financial institutions
– Does short selling increase market efficiency?
• Pooling resources/funds for a greater common good/public interest
– Banks, cooperatives, Sukuk, crowd-funding

Maslahah, Qiyas and Istihsan

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Maslahah, Qiyas and Istihsan
• Maslahah is a measure that is taken by the government and is not
like an analogy (Qiyas) that is made by an individual jurist
– The maslahah based decision has to be approved by jurists
• In Maslaha the overriding principle is the consideration of public
interest while in analogy the overriding principle is the similarity of the
effective cause (‘illah)
• The effective cause would remain the same for all ages to come
while the notion of public interest, the ways for the acquisition of
public interest, and the methods for the prevention of public harm
would change from time to time and place to place
• Maslahah and Istihsan
• Istihsan is based on Qiyas while Maslahah stans on its own

Muhammad Yusuf saleem
Assoc. Prof. Dr.
Thank you
+603 7651 4161
Tel:
yusuf@inceif.org
Email:

Public Interest (Maslahah Mursalah).pptx

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