Modern Jurisprudence and Law

Modern Jurisprudence and Law

"Examples and areas of the role of Maslahah (public interest) in primary and secondary rulings from the perspective of the Qur’an, with emphasis on the viewpoints of both parties."

Document Type : Original Article

Authors
1 PhD student of Comparative Interpretation at Al-Mustafa International University, Gorgan branch
2 Faculty Member at Al-Mustafa International University"
3 Faculty member at Al-Mustafa International University
10.22034/jml.2025.2069477.1504
Abstract
secondary Islamic rulings from the perspective of the Holy Qur’an and the jurisprudence of both Sunni and Shia schools.



The central research question examines how Maslahah contributes to the process of legislation and implementation of Shari‘ah rulings, and what the similarities and differences are between Sunni and Shia jurisprudential approaches in this regard.



The research methodology is based on content analysis of Qur’anic texts, hadith sources, and classical and contemporary jurisprudential works. Using a comparative approach, the study explores the role of Maslahah in both domains of Islamic rulings:



Primary rulings, encompassing permanent and conditional legislations, and



Secondary rulings, involving temporary modifications and rulings under exceptional circumstances.



The findings indicate that Maslahah in Islamic jurisprudence is not merely a tactical tool limited to secondary rulings; rather, it is a foundational element that influences the formation and adjustment of primary rulings as well. This wise and flexible role of Maslahah, grounded in rational principles and the preservation of overarching human interests, ensures the dynamism and effectiveness of the Shari‘ah in addressing the real and evolving needs of the mukallaf (legally accountable individuals).



While jurisprudential disagreements exist regarding the specific applications and boundaries of Maslahah, both Sunni and Shia traditions share fundamental principles, resulting in diverse yet interconnected manifestations of Maslahah in their legal theories.



Ultimately, the study underscores that Maslahah serves as a balancing factor between the stability of core religious principles and the necessary flexibility in responding to particular circumstances, thus playing a key
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