Maqasid vs. Maslahah (Objectives vs. Public Interest)

Maqasid vs. Maslahah

Objectives of Shariah versus Public Interest in Islamic Law

Introduction

Maqasid al-Shari‘ah refers to the higher objectives of Islamic law—such as preserving faith, life, intellect, lineage, and property.

Maslahah refers to public interest or welfare, often considered when deriving rulings that serve these objectives.

Together, they form a framework for understanding the wisdom of the Shari‘ah and its application in both classical and modern contexts.

Qur’anic and Prophetic Foundations

The Qur’an describes the Shari‘ah as guidance and mercy:

“And We have not sent you, [O Muhammad], except as a mercy to the worlds.” Qur’an 21:107

The Prophet ﷺ explained that the aim of revelation is ease and benefit, not hardship:

“Make things easy and do not make things difficult; give glad tidings and do not repel people.” Sahih al-Bukhari 69

Definitions and Relationship

• Maqasid: The overarching objectives of Shari‘ah, such as preserving essentials (al-daruriyyat al-khams).
• Maslahah: Practical consideration of benefit and harm in rulings, provided it does not contradict Qur’an or Sunnah.

Maslahah serves the Maqasid; it is not independent but a tool to realize the objectives already embedded in revelation.

Types of Maslahah

• Daruriyyah (Essential): Protecting religion, life, intellect, lineage, and property.
• Hajiyyah (Needs): Removing hardship and facilitating ease in daily life.
• Tahsiniyyah (Beautification): Completing and perfecting noble conduct and values.

Scholarly Insights

• Imam al-Ghazali and later scholars explained that every ruling of Shari‘ah is linked to achieving a maslahah or preventing harm.
• Ibn Taymiyyah emphasized that maslahah mursalah (public interest without explicit text) is valid when it aligns with Maqasid and does not contradict Qur’an or Sunnah.
• Shaykh Ibn ‘Uthaymin stated that the essence of Shari‘ah is to realize benefit and prevent harm, but always within the boundaries of revelation.

Addressing Misconceptions

• Not unrestricted: Maslahah cannot override clear texts of Qur’an or Sunnah.
• Not innovation: Valid maslahah operates within Shari‘ah, not outside of it.
• Not equal to maqasid: Maqasid are the goals, maslahah is a means to achieve them.

References

Primary Sources

• Qur’an 21:107 : The Prophet ﷺ was sent as a mercy.
• Sahih al-Bukhari 69 : The Prophet ﷺ encouraged ease and benefit.

Secondary Sources

• Al-Ghazali, al-Mustasfa : Classical work linking maqasid and maslahah.
• Ibn Taymiyyah, Majmoo‘ al-Fatawa : On maslahah mursalah and maqasid.