Al-Masalih al-Mursala

"المصالح المرسلہ" (or Maslaha Mursala) is a very important and subtle term of the science of usul al-fiqh. Literally, it means "free or unrestricted benefits", and in Shariah terminology it refers to that public good or maslaha in favour of which or in opposition to which there is no specific text of Shariah (explicit evidence of the Qur'an and Hadith), but which is in accordance with the general objectives and temperament of Shariah.

Maslaha Mu'tabara: That maslaha in support of which there is an explicit text of Shariah. Like the law of qisas for the protection of life, or the punishment for theft for the protection of wealth.

Maslaha Mulgha: That self-made maslaha which Shariah has declared null and rejected. Like someone saying that there is economic benefit and maslaha in interest, or there is profit in trading in alcohol; then the clear texts of Shariah have declared such maslahas cancelled and haram.

Maslaha Mursala: That maslaha about which Shariah is silent, i.e. in the Qur'an and Sunnah it has neither been commanded nor has it been forbidden, rather it has been left to the maslaha of human beings.

It must not conflict with the Book and the Sunnah: No claim of maslaha should be against the definitive rulings of Shariah, the verses of the Qur'an, the authentic hadiths or the consensus of the Ummah. A maslaha which conflicts with a text is null.

It must be in accordance with the objectives of Shariah: That maslaha protects the five basic objectives of Islam: protection of religion, life, intellect, progeny and wealth.

It must be a real and general maslaha: That good must not be merely imaginary, fanciful or based on the personal interest of a particular class, rather it must be certain and the general society or the whole Ummah must be benefiting from it.

Ijtihad in acts of worship is prohibited: The principle of masalih mursala applies only in worldly, administrative, judicial and social matters. Acts of worship (prayer, fasting, zakat, the methods of Hajj) are tawqifi; inventing any new thing in them in the name of maslaha is called bid'ah.

Compiling the Holy Qur'an in one copy: Sayyiduna Abu Bakr al-Siddiq and Umar al-Faruq, may Allah be pleased with them both, compiled the Qur'an in book form with the consultation of the Companions — for the protection of religion this was a great maslaha mursala.

Administrative measures of the era of Sayyiduna Umar: The office system of Bayt al-Mal, military cantonments, prisons for prisoners, salaries of government employees — all these matters were decided under masalih mursala.

Laws of the present era: Traffic signals and licence laws, the system of passports and identity cards, printing of notes for the country's economy — Shariah is silent on them, but there is order, discipline and good for society in them, therefore all of these are permissible and desirable.

Summary: In the view of the people of knowledge, masalih mursala is an excellent Shariah basis for the progress and ease of the Ummah in worldly and administrative matters. Islam is a dynamic religion which accepts the new administrative demands of every era, provided they are within the established principles and moral limits of Shariah.

Translated from the original Urdu fatwa.