Maslaha
Encyclopedia
Maslaha is a concept in traditional Islamic Law
. It is invoked to prohibit or permit something on the basis of whether or not it serves the public's benefit or welfare. The concept is related to that of Istislah
. While the meaning of maslaha is 'public interest', the meaning of istislah is 'to seek the best public interest'.
Maslaha was used in one sense by the Andalusian lawyer al-Shatibi (d. 1388), who focused on the motives behind the Islamic Law. 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. Since societies change, al- Shatibi thought that the mu'amalat part of the Islamic Law also needed to change.
Maslaha has also been used by several Muslim reformers in recent centuries. Al-Wahhab (d.1792) used maslaha in a few cases. The concept is more known to Islamic modernists. 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 ("Shari'a") in the late 19th century. Ironically, members of the Islamic fundamentalist group Muslim Brotherhood
have also invoked maslaha with regard to their doctrine of public welfare.
References: The Oxford dictionary of Islam (2003), Knut S. Vikoer: Between God and State (Spartacus 2003)
Islamic law
Islamic law can refer to:*Sharia: The code of conduct enjoined upon Muslims in the Quran*Fiqh: Muslim jurisprudence...
. It is invoked to prohibit or permit something on the basis of whether or not it serves the public's benefit or welfare. The concept is related to that of Istislah
Istislah
Istislah is a method employed by Muslim jurists to solve problems that find no clear answer in sacred religious texts. It is related to the term مصلحة Maslaha, or "public interest"...
. While the meaning of maslaha is 'public interest', the meaning of istislah is 'to seek the best public interest'.
Maslaha was used in one sense by the Andalusian lawyer al-Shatibi (d. 1388), who focused on the motives behind the Islamic Law. Regarding questions related to God, 'ibadat
Ibadah
The Arabic word ibadah or ibada, usually translated "worship", is connected with related words literally meaning "slavery", and has connotations of obedience, submission, and humility. In terms of Islam, ibadah is the ultimate obedience, the ultimate submission, and the ultimate humility to Allah ...
, humans should look to the Qur'an
Qur'an
The Quran , also transliterated Qur'an, Koran, Alcoran, Qur’ān, Coran, Kuran, and al-Qur’ān, is the central religious text of Islam, which Muslims consider the verbatim word of God . It is regarded widely as the finest piece of literature in the Arabic language...
or the Sunnah
Sunnah
The word literally means a clear, well trodden, busy and plain surfaced road. In the discussion of the sources of religion, Sunnah denotes the practice of Prophet Muhammad that he taught and practically instituted as a teacher of the sharī‘ah and the best exemplar...
for answers, but regarding the relationship between humans, mu'amalat, humans should look for the best public solution. Since societies change, al- Shatibi thought that the mu'amalat part of the Islamic Law also needed to change.
Maslaha has also been used by several Muslim reformers in recent centuries. Al-Wahhab (d.1792) used maslaha in a few cases. The concept is more known to Islamic modernists. Among them, Muhammad Abduh
Muhammad Abduh
Muhammad Abduh was an Egyptian jurist, religious scholar and liberal reformer, regarded as the founder of Islamic Modernism...
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 ("Shari'a") in the late 19th century. Ironically, members of the Islamic fundamentalist group Muslim Brotherhood
Muslim Brotherhood
The Society of the Muslim Brothers is the world's oldest and one of the largest Islamist parties, and is the largest political opposition organization in many Arab states. It was founded in 1928 in Egypt by the Islamic scholar and schoolteacher Hassan al-Banna and by the late 1940s had an...
have also invoked maslaha with regard to their doctrine of public welfare.
References: The Oxford dictionary of Islam (2003), Knut S. Vikoer: Between God and State (Spartacus 2003)
See also
- ShariaShariaSharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
- IstislahIstislahIstislah is a method employed by Muslim jurists to solve problems that find no clear answer in sacred religious texts. It is related to the term مصلحة Maslaha, or "public interest"...
- Common goodCommon goodThe common good is a term that can refer to several different concepts. In the popular meaning, the common good describes a specific "good" that is shared and beneficial for all members of a given community...
- Public good (Islamic law)
- MutaweenMutaweenThe word mutaween most literally means "volunteers" in the Arabic language, and is commonly used as a casual term for the government-authorized or government-recognized religious police of Saudi Arabia....
(Religious police)