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Maslaha or maslahah (Arabic: مصلحة, lit. ' public interest ') is a concept in Sharia (Islamic divine law) regarded as a basis of law. [1] It forms a part of extended methodological principles of Islamic jurisprudence (uṣūl al-fiqh) and denotes prohibition or permission of something, according to necessity and particular circumstances, on the basis of whether it serves the public ...
Islamic Law and Legal Change: The Concept of Maslaha in Classical and Contemporary Legal Theory. Vol. Shari'a: Islamic Law in the Contemporary Context (Kindle ed.). Stanford University Press. Rabb, Intisar A. (2009). "Law. Civil Law & Courts". In John L. Esposito (ed.). The Oxford Encyclopedia of the Islamic World. Oxford: Oxford University Press.
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Tufi's interpretation of maslaha did not take hold until the early 20th century when the Arab Salafiyya scholars Jamal ad-Din al-Qasimi (1866–1914 C.E) and Muḥammad Rashīd Riḍā (1865–1935 C.E) revived his concept of maslaha in the Islamic magazine al-Manar to counter secular reformers.
Istislah (Arabic: استصلاح, lit. ' to deem proper ') is a method employed by Islamic jurists to solve problems that find no clear answer in sacred religious texts. It is related to the term مصلحة Maslaha, or "public interest" (both words being derived from the same triconsonantal root, "ṣ-l-ḥ"). [1]
Although most classical-era jurists recognized maslaha and maqasid as important legal principles, they held different views regarding the role they should play in Islamic law. [3] Some jurists viewed them as auxiliary rationales constrained by scriptural sources ( Quran and hadith ) and qiyas (analogical reasoning).
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