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Islamic law > Maslahah mursalah > Flashcards

Maslahah mursalah Flashcards

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1
Q

Literal meaning of Maslahah

A

“benefit” or “public interest”

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2
Q

What is Maslahah?

A

Method of ijtihad used to:
1. Solve problems that are not resolved by the four primary sources
2. Create laws in line with needs and wants of human beings

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3
Q

Purpose of Maslahah

A
  1. Acquire public benefit and prevent harm to general public
  2. Preserve the 5 values/objectives of Islam (Maqasid Shariah)
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4
Q

5 objectives of Syariah law (Maqasid Islam)

A
  1. Religion
  2. Life
  3. Intellect
  4. Lineage
  5. Property
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5
Q

Types of Maslahah based on acceptance by Shariah law

A
  1. Maslahah Mu’tabarah
  2. Maslahah Mulgah
  3. Maslahah Mursalah
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6
Q

Maslahah Mu’tabarah

A
  1. Maslahah that is acknowledged by AQ or other sources of Syaria law
  2. Valid and dependable
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7
Q

Maslahah Mulgah

A
  1. Maslahah that is nullified or rejected by AQ
  2. Example: Giving equal inheritance to both son and daughter – rejected because AQ says inheritance for son should be double of that of the daughter’s portion
  3. Invalid and not dependable
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8
Q

Maslahah Mursalah

A
  1. Maslahah that is not validated or rejected by AQ because it concerns issues not mentioned in AQ or other sources of Syariah
  2. No text of authority to support or reject this type of Maslahah
  3. Applied when it is necessary to prevent harm as much as possible or needed to protect the 5 values
  4. Example: demolishing building to stop fire spreading - unlawful but necessary to preserve life
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9
Q

Proofs of Maslahah Mursalah

A
  1. AQ 2:185
  2. AQ 5:6
  3. Hadith – “Harm is neither inflicted or tolerated in Islam”
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10
Q

Main conditions of Maslahah

A

i. Must be genuine
ii. Must be general
iii. Does not conflict with nusus

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11
Q

How Maslahah can be “genuine”?

A

Should be enacted to protect the 5 values

Examples:
1. Providing free education is necessary to preserve intellect
1. Registration of marriages is required to preserve lineage

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12
Q

How can Maslahah can be “general”?

A
  1. Must apply to the public as a whole
  2. Cannot be enacted for one person or group
  3. Example: Consigning land to the public – considered maslahah because it is done to secure benefit for general public, not to satisfy personal interests
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13
Q

How does Maslahah “not conflict with nusus”?

A

Must not conflict with any existing legal principles established by AQ, Sunnah and ‘Ijma
Must not change implication of any law
Example: Allowing Islamic banks to charge interest or riba – not permitted by MM because it is prohibited by AQ and Sunnah
Although these actions provide revenue for public, they are forbidden on basis of Maslahah because they do not conform with sources of Shariah law
Legislation pursuing these interests are prohibited

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14
Q

How does Maslahah “not conflict with nusus”?

A
  1. Must not conflict with any existing legal principles established by AQ, Sunnah and ‘Ijma
  2. Must not change implication of any law
  3. Example: Allowing Islamic banks to charge interest or riba – not permitted by MM because it is prohibited by AQ and Sunnah
  4. Although these actions provide revenue for public, they are forbidden on basis of Maslahah because they do not conform with sources of Shariah law
  5. Legislation pursuing these interests are prohibited
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15
Q

Additional conditions of Maslahah (imposed by Imam Malik)

A
  1. Must be rational and acceptable to people of sound mind
  2. Must alleviate hardship
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16
Q

Test tube baby

MM example

A
  1. Test tube baby - term referring to method of conceiving child outside body
  2. Nothing in AQ or Sunnah that prohibits or permits “test tube baby”
  3. But compatible with Maqasid Shariah of preserving lineage
  4. Couples can have offspring if they are unable to have children
  5. Husband does not have to resort to adultery in order to conceive
17
Q

Islamic banks charging interest or riba

Qiyas example

A
  1. Charging interest or riba is prohibited in Islam
  2. AQ 2:275
  3. Practice considered usury (unjust and exploitative form of material gain)
  4. Any maslahah allowing riba should be invalidated because it is unnecessary and conflicts with nass in AQ

Islamic law (10 decks)

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