Sharia and the Concept of Benefit: The Use and Function of Maslaha in Islamic Jurisprudence (London Islamic Studies) by Abdul Aziz bin Sattam

Author:Abdul Aziz bin Sattam [Sattam, Abdul Aziz bin]
Language: eng
Format: azw3
ISBN: 9780857736598
Publisher: I.B.Tauris
Published: 2015-02-13T05:00:00+00:00

On the basis of the foregoing, when the greater and lesser options cannot be taken together, a process of evaluation of different opposing maṣlaḥas is resorted to. Such a process is basically indubitable. The stronger is given precedence over the weaker, the greater over the lesser and so on. The Qur’an states, ‘They ask you about intoxicants and games of chance. Say, “In both there is great evil although they have some benefits for people, but their evil is far greater than their benefit…”’ (Q. 2:219).

In addition, in the process of determining preferability public interest is given priority over personal interest, as in the case of pulling down a building, even though it may be an endowment, in order to widen a mosque or a public road. So, greater harm may be prevented by allowing a lesser harm; the less stringent prohibition may be observed in order to prevent the more stringent one and the the lesser of two evils may be overlooked in order to prevent the greater one.

We find such considerations discussed by some classical authors. For instance, al-Maqqrī (d. 758 AH) says,

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