maslahah

Maslahah, from the Arabic maslaha meaning public interest or welfare, is a principle in Islamic legal theory used to justify or assess rulings in light of communal welfare. In usul al-fiqh, maslahah refers to considerations of what serves the common good and preserves the aims of Sharia, such as protection of religion, life, intellect, lineage, and property.

Scholars distinguish maslahah as a general orientation—often termed maslahah mursalah or "unrestricted public interest"—and as more particularized rules anchored in textual sources or established legal maxims. The permissibility of maslahah mursalah varies by school and theorist: some treat it as a legitimate heuristic for deducing rulings when an apparent text is silent, provided it does not contradict explicit commands; others impose stricter limits or deny it altogether.

Historically, philosophers and jurists such as al-Ghazali and al-Shatibi emphasized maslahah as central to jurisprudence, with Shatibi developing a comprehensive framework of maqasid that uses maslahah to organize legal rulings. In modern times, maslahah is invoked to address contemporary issues—economic regulation, public health, rights and welfare—often in dialogue with textual evidence and public interest.

Critics caution that maslahah can be misused to justify harmful innovations if divorced from primary sources. See also Maqasid al-Sharia, Usul al-Fiqh, Qiyas.