Usul-Al-Fiqh Made Easy (Part 13) - What is Istislaah (Masalih Al-Mursalah)?

In our previous articles, we explored the various sources of Islamic rulings. We have covered Quran, Sunnah, and Ijma as the primary sources, and examined Amal Ahlul Madina, Qiyas, Istihsan, and Istishab as forms of Ijtihad. Building on this understanding, we now turn our attention to another important type of Ijtihaad: الاستصلاح (Istislah - consideration of public interest).

Before we can properly understand and appreciate the wisdom behind this important principle, we must take a step back and thoroughly examine the important objectives that Allah has established as the foundation of all Islamic shariah (law) rulings.

Maqasid As-Shari'ah: The Objectives of Islamic Law

Every legal system has objectives, and the Shari'ah of Allah is based on complete wisdom. The Maqasid Al-Shari'ah (مقاصد الشريعة) represents the wisdom Allah has placed within Islamic legislation. These objectives form the foundation of all Islamic rulings.

What distinguishes Islamic law from other legal systems is its unified approach to human affairs. Unlike secular legal frameworks that separate religious from worldly matters, the Shari'ah integrates spiritual guidance with material regulation. It neither divides human existence into compartments nor prioritizes one dimension over others. Allah's wisdom encompasses the totality of human life, providing guidance that ensures both worldly well-being and spiritual success. Scholars have identified five such essential objectives of Islamic law:

1. Preservation of Religion (Deen) حفظ الدين

At the pinnacle stands the protection of faith. This is why we have prayers, fasting, and other acts of worship which nurture the soul, while prohibitions against apostasy and blasphemy guard against spiritual corruption.

2. Preservation of Life (Nafs) حفظ النفس

The Quran states:

"..if anyone killed a person not in retaliation of murder, or (and) to spread mischief in the land - it would be as if he killed all mankind, and if anyone saved a life, it would be as if he saved the life of all mankind. " (Quran 5:32)

Human life is sacred in Islam. Thus, the Sharīʿah forbids murder, mandates justice, regulates warfare, and even upholds modern safety protocols—each command safeguarding the sanctity of life.

3. Preservation of Intellect (Aql) حفظ العقل

The human mind, a divine trust, must be protected. This is why intoxicants are forbidden - they impair reasoning, while at the same time making the pursuit of knowledge a religious obligation. The prohibition of alcohol and the exaltation of learning both serve to elevate and preserve the intellect.

Allah says in the Quran:

"O you who have believed, indeed, intoxicants, gambling, [sacrificing on] stone altars, and divining arrows are but defilement from the work of Satan, so avoid (strictly all) that (abomination) in order that you may be successful." (Quran 5:90)

4. Preservation of Lineage (Nasab) حفظ النسب

Family structure and genealogical integrity are protected through marriage laws and the prohibition of adultery. The Quran states:

And come not near to unlawful sex. Verily, it is a Fâhishah (i.e. anything that transgresses its limits: a great sin), and an evil way (that leads one to Hell unless Allâh forgives him) (17:32)

The strict punishments for adultery and the detailed inheritance laws all serve to maintain clear family relationships and protect children's rights to know their parentage and families remain honorable and cohesive. The prescribed punishments for adultery, the laws of marriage, and inheritance regulations all safeguard this objective.

5. Preservation of Wealth (Maal) حفظ المال

Property is a right protected through legislation. The prohibition of theft, detailed trade and contract laws, and the forbiddance of unjust financial practices, like riba (usury), all work together to ensure fair economic dealings and protect people's wealth from unjust acquisition.

"Verily! Your blood, property and honor are sacred to one another (i.e. Muslims) like the sanctity of this day of yours, in this month of yours and in this city of yours. It is incumbent upon those who are present to inform those who are absent because those who are absent might comprehend (what I have said) better than the present audience." [Bukhari: 67]

What is Masalih Al-Mursalah?

With our understanding of the objectives of Islamic law, we can now appreciate the concept of Masalih Al-Mursalah.

Linguistic Meaning

The word مصلحة (maslaha) - singular of مصالح (masalih) - comes from the Arabic root صلح, meaning something beneficial that serves as a cause, opportunity, or objective leading to benefit or interest, particularly public interest. Even the removal of harm qualifies as a مصلحة, for benefit and harm stand as opposites that cannot coexist. The word مرسلة (mursalah) means unrestricted, general, or مطلق (mutlaq).

Technical Definition

In a technical or Shari'i sense, Masalih Al-Mursalah refers to the intended benefit by the Lawgiver (Allah) for humanity to protect the Maqasid Al-Shari'ah (Religion, life, intellect, lineage, and property)

Anything that ensures the protection of these five essentials is considered maslaha (beneficial), while anything that threatens them is deemed mafsadah (harmful).

Note: "Mafsadah" (مفسدة) is used in Fiqh to refer to harm, corruption, evil, or something that causes damage—whether physically, morally, socially, or spiritually. It’s the opposite of "maslahah" (مصلحة), which means benefit, welfare, or good.

Types of Masalih

To understand Masalih Al-Mursalah properly, we must first recognize the broader categories of benefits in Islamic law. This classification helps us distinguish between different types of benefits and understand why some are accepted while others are rejected:

1. Masalih Mu'tabarah (Recognized Benefits)

These are benefits explicitly recognized by the Quran and Sunnah. When Allah or His Messenger ﷺ specifically identifies something as beneficial, there's no debate about its validity.

Consider the prohibition of alcohol. The Quran explicitly states: "O you who believe! Intoxicants, gambling, stone altars, and divining arrows are abominations of Satan's handiwork. So avoid them, that you may be successful." This prohibition protects the intellect, and the benefit is directly derived from the textual sources.

Similarly, the punishment for adultery protects lineage. The Quran prescribes specific punishments, making this a recognized benefit established through divine text.

2. Masalih Mulghat (Rejected Benefits)

These are benefits that the Quran and Sunnah explicitly reject, even if they appear beneficial to human reasoning. This category teaches us that Allah's knowledge encompasses what we cannot perceive, and some apparent benefits may harbor hidden harms.

Take usury as an example. Someone might argue that interest-based loans help businesses grow and stimulate the economy. However, Allah has declared: "Allah has permitted trade and forbidden usury" (Quran 2:275). Despite any perceived economic benefits, usury remains prohibited because divine wisdom recognizes harms we may not see.

Another example is the argument for equal inheritance shares between men and women. While this might seem fair by modern standards, Allah has specified: "Allah commands you regarding your children: the male receives the equivalent of the portion of two females" (Quran 4:11). The divine distribution considers factors beyond our immediate perception.

3. Masalih Mursalah (Unspecified Benefits)

These are benefits about which the Sharia is silent - neither explicitly approving nor rejecting them. This silence isn't oversight but divine wisdom, leaving room for human reason to address new circumstances within the framework of Islamic principles.

The compilation of the Quran during Abu Bakr's caliphate provides a perfect example. When Umar suggested compiling the Quran after many memorizers died in the Battle of Yamama, Abu Bakr initially hesitated, saying, "How can I do something the Prophet ﷺ didn't do?" But after reflection, he recognized that this action would preserve the religion itself. The Prophet ﷺ hadn't compiled the Quran into a book because the need hadn't arisen during his lifetime - revelation was still descending, and he was present to clarify any confusion.

Modern examples include:

Marriage Registration: While the Prophet ﷺ didn't require written marriage certificates, modern states implement this to protect rights and prevent disputes.
Traffic Regulations: Speed limits, traffic lights, and driving licenses didn't exist in the Prophet's time, but they serve to protect lives today.
Medical Screening: Testing for diseases before marriage helps prevent the spread of illness and protects public health.

Proofs from texts for Masalih Mursalah

Allah says in the Quran: "And strive for Allāh with the striving due to Him. He has chosen you and has not placed upon you in the religion any difficulty. [It is] the religion of your father, Abraham. He [i.e., Allāh] named you "Muslims" before [in former scriptures] and in this [revelation] that the Messenger may be a witness over you and you may be witnesses over the people. So establish prayer and give zakāh and hold fast to Allāh. He is your protector; and excellent is the protector, and excellent is the helper." (Quran 22:78)
Messenger of Allahﷺ said: “There should be neither harming nor reciprocating harm.” (Hasan Hadith: Reported by Ibn Majah 2340, Ahmad, Daraqutni and others).

There are many other general evidences from Quran and Sunnah for supporting it.

Positions of the Major Imams

Different schools of Islamic jurisprudence approach Masalih Al-Mursalah with varying degrees of acceptance:

Imam Malik

Imam Malik was so profoundly attracted to this theory that it is suggested he extensively developed it into a legal principle, as mentioned by al-Shatibi. Malik recognized a mujtahid well-versed in Shareeah and its foundations needed to be acquainted with the theory of al-masalih al-mursalah. This was essential for distinguishing between various types of benefits and having a precise understanding that any benefit conflicting with Shareeah or its intentions would be invalidated. (Al-Itisaam, 2/114).

Imam Ahmad ibn Hanbal

Imam Ahmad applied this Masalih Mursalah in the case of the one who casts doubt on the truthfulness (Adalah) of the Sahabah. Ibn al-Qayyim said that according to Imam Ahmad bin Hanbal, anyone who commits such an action should be punished by the Sultan (ruler), and the ruler should ensure they repent to Allah. If the individual repents, it's favorable, but if not, the ruler is obligated to administer the punishment again. (Alam al-Muwaqqieen 4/377). This is based on Masalih Mursalah.

The Hanafi School

It may appear that Imam Abu Hanifa and Hanafis do not acknowledge the theory of al-masalih al-mursalah as a legislative tool in Islamic Law, as their school does not explicitly refer to it by this name.

However, scholars of Usool ul-Fiqh states that they have applied al-masalih al-mursalah in reality, the disparity lies only in the terminology used, as the concept essentially aligns with their approach.

Imam al-Shafi'i

Its famous that Imam al-Shafi did not accept the theory of Masalih Mursalah.

However, scholars from the Shafi'i madhab have demonstrated that the principle that al-Shafi opposed was relying solely on benefits (Masalih) that were outside the realm of common usage and acknowledgment by Allah. (Al-Mustasfa by al-Ghazali 1/310)

He worried that excessive reliance on perceived benefits could lead to following desires rather than divine guidance. However, he didn't reject the concept entirely - he simply demanded stricter conditions and closer alignment with textual evidence. If something didn't contradict the Quran or Sunnah and clearly served Sharia objectives, al-Shafi'i could accept it, though he preferred explicit textual support whenever possible.

Conditions for Valid Masalih Mursalah

Not every perceived benefit qualifies as legitimate Masalih Al-Mursalah. The scholars have established strict conditions to prevent misuse:

No Contradiction with Texts: Any benefit that conflicts with the Qur'an, Sunnah, or Ijma (scholarly consensus) is inadmissible. For instance, someone might argue that allowing limited interest could help poor entrepreneurs start businesses. While helping the poor is noble, this directly contradicts explicit Quranic prohibition, so it cannot be considered valid Masalih Al-Mursalah.
Alignment with the Maqāṣid: The benefit must preserve one of the five foundational objectives.
Public, Not Private Interest: The benefit must concern the community at large.
No Existing Ruling: It must not contradict an existing Sharīʿah command. We cannot use المصالح المرسلة to change inheritance shares or prayer times because these have specific, detailed legislation.
Real, Not Imaginary Benefit: Speculative or assumed benefits lack validity.

But what are these benefits and how are they classified?

Classification of Benefits

Understanding the levels of necessity helps us prioritize different types of benefits:

1. Masalih Daruriyyat (essential public interest)

These are matters people cannot live without. Their absence creates chaos and threatens survival. They directly relate to preserving the five objectives outlined before.

Example: During a famine, the state can compel wealthy individuals to share their surplus food. Hoarding food while others starve violates the objective of preserving life.

2. Masalih Haajiyyat (needed public interest)

These are the benefits which people need to avoid inconvenient conditions only. The absence of these benefits generates inconvenience but not major harms.

Example: Marriage documentation systems prevents disputes, protects rights (especially for women and children), and facilitates legal processes. Its absence creates hardship but doesn't invalidate marriages.

3. Masalih Tahsiniyyat (refining public interest)

These enhance quality of life and promote human dignity but aren't essential for survival or avoiding hardship.

Example: An Islamic country establishing world-class research universities and advanced scientific laboratories, including funding cutting-edge research in fields such as renewable energy and medical technology. These initiatives promote intellectual excellence, contribute to societal advancement, and reflect a commitment to the refinement of human life and dignity in accordance with masalih tahsiniyyat.

The Difference between Masalih Al-Mursalah and Bid'ah

Before proceeding further, we must address a crucial distinction that often causes confusion: the difference between Masalih Al-Mursalah and Bid'ah (religious innovation). This distinction is important because many well-intentioned Muslims, in their eagerness to make religion "relevant" or "easier," inadvertently fall into innovation.

Why Bid'ah is Problematic

Bid'ah represents unauthorized additions to religious worship. The Prophet ﷺ warned us:

"Whoever introduces into this affair of ours that which is not from it, it is rejected." (Sunan Ibn Majah 14)

To understand why Bid'ah is so serious, we must recognize that worship in Islam is based entirely on revelation. We worship Allah as He has commanded, not as we think best. This principle protects the purity of our religion from human alterations.

The danger of Bid'ah lies in several factors:

Claiming Incompleteness of Religion: Innovation implies that Islam needs additions, contradicting Allah's declaration: "Today I have perfected your religion for you" (Quran 5:3).
Distorting Authentic Worship: It diverts people from the Sunnah to invented practices. When people create new forms of dhikr or prayer, they often abandon the authentic supplications taught by the Prophet ﷺ.
Opening Doors to Deviation: Once innovation is accepted, the pure teachings become diluted with human additions. History shows how previous nations altered their religions through gradual innovations.

Similarities between Bid'ah and Masalih al-Mursalah

Both bidah and Masalih Mursalah pertain to matters that were not present during the time of the Prophet ﷺ.
Neither bidah nor Masalih mursalah typically have explicit textual evidence, as they rely on texts with general wording and meaning for validation.

Differences Between Bid'ah and Masalih Mursalah

It is important to understand what fundamentally separates the two, so that it can't be misused. This is taken from Al-Itisaam of Shatibee 2/129-135 and Qawaid fre Marifah Bidah by Muhammad Hussain Jeezani p 33-35

1. Nature of the Act

Masalih Mursalah: Facilitates already established worship
Bid'ah: Creates new forms of worship or adds to existing ones

Detailed Explanation:
A Bid'ah is either an addition to an existing form of worship or an entirely new form of worship. In contrast, Masalih Mursalah serves to facilitate an already established act of worship. Therefore, Bid'ah aims to introduce a specific act without legislative evidence, while Masalih Mursalah serves as a means to aid an act of worship already established by legislation.

Example: Adding Harakat to the Quran
Adding diacritical marks to the Quran is Masalih Al-Mursalah because:

It facilitates an existing worship (correct Quran recitation)
It doesn't change the Quranic text itself, only aids in its proper reading
Early Muslims didn't need these marks as they were native Arabic speakers
When non-Arabs embraced Islam, this innovation removed hardship for new Muslims

2. Reason for Historical Absence

Masalih Mursalah: Didn't exist due to lack of need or technology
Bid'ah: Could have been done but was deliberately avoided

Detailed Explanation:
Masalih Mursalah did not arise during the time of Prophethood either because the conditions for its occurrence were not met, or there were impediments preventing its manifestation while the Prophet ﷺ was alive. In contrast, a Bid'ah did not occur because the Prophet ﷺ intentionally avoided it, although its possibility existed and there were no hindrances to its occurrence.

Example: Collection and Reproducing Copies of Quran
The compilation and reproduction of the Quran is Masalih Al-Mursalah because:

It preserves an existing worship (recitation and study of the Quran)
It didn't exist during the Prophet's ﷺ lifetime as revelation was ongoing
The need emerged after the Prophet's ﷺ passing as Islam spread
It supports the Sharia objective of preserving religion for future generations

3. Impact on Worshiper

Masalih Mursalah: Removes hardship and facilitates ease
Bid'ah: Often adds unnecessary burdens

Detailed Explanation:
Another distinction is that bid'ah typically imposes an additional burden on the worshipper and may result in overly strict practices, whereas Masalih Mursalah tends to alleviate burdens and shield people from hardship, or it safeguards something significant to them.

Example: Air Conditioning in Mosques
Installing air conditioning in mosques is Masalih Al-Mursalah because:

It facilitates existing worship (prayer) without changing its nature
It removes hardship by helping worshippers focus on prayer rather than heat
The technology didn't exist during the Prophet's ﷺ time
This contrasts with someone who invents specific prayer units for a made-up prayer, burdening themselves and others with non-prescribed worship

4. Intention/Purpose

Bid'ah: Pursued for its own sake as a goal to draw closer to Allah
Masalih Mursalah: Serves as a means to achieve specific objectives

Detailed Explanation:
Another distinction lies in the intentions behind bid'ah and Masalih Mursalah. Bid'ah is pursued for its own sake by its practitioners (in and itself as a goal), typically with the aim of drawing closer to Allah. In contrast, Masalih Mursalah serves as a means to achieve specific objectives and is not pursued for its inherent value. Therefore, it falls under the category of means, as it is only prescribed as a method of attaining some of the objectives of Shariah.

Example: Collective Supplication After Obligatory Prayer
Making collective supplication after every obligatory prayer is Bid'ah because:

It adds a new, expected element to established prayer ritual
The Prophet ﷺ could have instituted this practice but deliberately didn't
It's pursued as an end in itself to draw closer to Allah
It creates an impression that this addition is part of the obligatory prayer

5. Alignment with Sharia Objectives

Masalih Mursalah: Supports the objectives of Sharia
Bid'ah: Contradicts the objectives of Sharia by diverting people

Detailed Explanation:
Bid'ah fundamentally contradicts the objectives of Shareeah by diverting people from adherence to it, whereas Masalih mursalah aligns with and falls within the objectives of Shareeah, particularly in preserving the five essentials (religion, life, intellect, lineage, and wealth).

Example: Uthman رضي الله عنه Standardization of Quran Copies
Uthman's رضي الله عنه standardization and distribution of Quran copies is Masalih Al-Mursalah because:

It serves the objective of preserving religion
It maintains the authenticity of the revealed text across expanding Muslim territories
It addresses a need that emerged after the Prophet's ﷺ time as Islam spread
It contrasts with creating new forms of dhikr with specific numbers and formulas, which would be Bid'ah as they divert people from prophetic guidance

6. Rational Comprehensibility

Masalih Mursalah: Has a rationally comprehensible basis and benefit
Bid'ah: Relates to aspects of worship that are not rationally comprehensible

Detailed Explanation: Masalih mursalah is characterized by a rationally comprehensible meaning, unlike the aspects of worship associated with Bid'ah. The point being made here is that matters of worship are not comprehensible through reason, and rational explanations cannot be provided for why there are five prayers, why they occur at specific times, or why relieving oneself invalidates wudhu and necessitates washing hands, face, arms, and feet despite not being in contact with impurities. However, if any impure thing touches his body, it does not invalidate his wudhu; he simply needs to remove the impurity. Conversely, Masalih Mursalah pertains to the acquisition or preservation of benefit or the prevention of harm, thereby possessing a rational basis that can be understood.

Example: Establishing Islamic Educational Institutions Creating Islamic schools and universities is Masalih Al-Mursalah because:

It has a clear rational benefit of preserving and transmitting Islamic knowledge
The purpose and benefit can be logically understood and explained
It serves the objective of protecting religion through education
This contrasts with creating new specific prayer formulas with certain numbers of repetitions, which would be Bid'ah as their specific forms cannot be rationally justified beyond the established Sunnah

Understanding statements of Imam Ash-Shafi and Shafi scholars like Imam Nawawi, Izz bin Abdus Salaam

Imam al-Shafi'i made a famous statement that some misinterpret: "Newly-invented matters fall into two categories: The first type is that which contradicts the Quran, the Sunnah, a narration, or consensus. This type constitutes misguided innovation. The second type is that which introduces goodness and does not oppose any of these sources (Quran, Sunnah, narration, consensus). This type of newly-invented matter is not blameworthy:. Al-Bayhaqi in Manaqib al-Shafi (1/469).

Similar statements has been reported from later Shafi scholars like Nawawi, Izz bin Abdus Salaam etc. What do they mean?

When Imam al-Shafi'i spoke of "praiseworthy innovation," he used the term in its linguistic sense (something new), not its technical sense (religious innovation).

Ibn Hajar explained in Fath al-Bari (13/278) that this linguistic usage often refers to matters falling under Masalih Al-Mursalah. Hafidh Ibn Hajar says: Regarding innovations, the term refers to the plural of innovation and encompasses anything without prior precedent. Linguistically, it encompasses both praiseworthy and blameworthy aspects. However, in the context of scholars, it specifically denotes what is blameworthy. If it is applied to something praiseworthy, then it is interpreted according to its linguistic meaning.

Ahmad bin Hajar Aal Butami, a Shafii’i scholar, elaborates on Imam al-Shafi'i's statement in his book Tahdhir al-Muslimin anil-Ibtidaa' wal-Bida' fil-Din (p. 114):

Imam al-Shafi'i states, "Innovation (Bidah) can be categorized into two types: praiseworthy and blameworthy. Innovations that align with the Sunnah are considered praiseworthy, while those that contradict it are deemed blameworthy." The notion of "praiseworthy innovation" refers to beneficial developments in worldly matters, such as the creation of radios, electricity, airplanes, cars, and telephones, all of which are useful inventions. These innovations are not inherently harmful and do not lead to any negative consequences for people, nor do they result in engaging in prohibited actions or undermining the fundamental principles of the religion. Allah, the Exalted, has permitted His servants to create whatever they deem necessary for their worldly welfare, as evidenced by His verse (وَافْعَلُوا الْخَيْرَ لَعَلَّكُمْ تُفْلِحُونَ), "And work good that you may be successful" (2:77).

Practical Applications of Masalih Mursalah

Example 1: In today's era, the prevalence of car usage necessitates the organization of roads, highways, and the establishment of laws for safe driving. Consequently, we observe the implementation of road signs, speed limits tailored to different types of roads, regulations ensuring vehicle safety standards, and driving tests to assess competency and minimize risks to oneself and others. This is based on Masalih Mursalah which is Masalih Daruriyyat (essential public interest) as it is meant to protect life.

Example 2: In economics, Masalih Mursalah can be applied to justify certain regulations aimed at promoting economic growth and stability. For example, regulations on monopolies can be justified based on their perceived benefits to society. Or taxing affluent citizens when the government's treasury is depleted until situation is stable.

Example 3: Masalih Mursalah is often invoked in matters of social justice, such as ensuring equitable distribution of resources, protecting vulnerable groups, and promoting human rights. For example, famous Tabiee Umar bin Abdul Azeez, also known as Umar II, was known for his efforts to improve the welfare of travelers. He implemented various measures to facilitate the ease of travel, which included establishing hostels or shelters along travel routes.

Conclusion

Masalih Al-Mursalah represents Islam's dynamic approach to addressing new challenges using the principles from Quran and Sunnah. It operates within the framework of Maqasid Al-Shari'ah, ensuring that solutions to emerging problems align with the fundamental objectives of preserving religion, life, intellect, lineage, and wealth. In the next article, we will look into what Sad az Zaraai inshaAllah