Maslaha

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Maslaha (Arabic مصلحة, 'public interest') is a concept in traditional Islamic Law. It is invoked to prohibit or permit something on the basis of whether or not it serves the public's benefit or welfare. The concept is related to that of Istislah. While the meaning of maslaha is 'public interest', the meaning of istislah is 'to seek the best public interest'.

Maslaha was used in one sense by the Andalusian lawyer al-Shatibi (d. 1388), who focused on the motives behind the Islamic Law. Regarding questions related to God, 'ibadat, humans should look to the Qur'an or the Sunnah for answers, but regarding the relationship between humans, mu'amalat, humans should look for the best public solution. Since societies change, al- Shatibi thought that the mu'amalat part of the Islamic Law also needed to change.

Maslaha has also been used by several muslim reformers in recent centuries. Al-Wahhab (d.1792) used maslaha in a few cases. The concept is more known to Islamic modernists. Muhammad Abduh is one of them, and in the late 19th century, in his attempt to interpret Islam in terms of modernity, he developed the doctrine of maslaha as utility. Members of the Muslim Brotherhood have used maslaha to focus on public welfare in the 20th century.

References: The Oxford dictionary of Islam (2003), Knut S. Vikoer: Between God and State (Spartacus 2003)