Maslaha
Also known as: Maslahat, مصلحة, Public Interest, Common Good, General Welfare
Maslaha (Arabic: مصلحة, literally 'interest' or 'public benefit') is a jurisprudential principle in Islamic law that permits decisions based on the promotion of public interest and prevention of harm, even without explicit textual evidence, provided the decision does not contradict established Shariah principles. It is classified under Maqasid al-Shariah (the objectives of Islamic law), which protect five essential values: religion (Din), life (Nafs), intellect (Aql), lineage (Nasl), and wealth (Mal). In Islamic finance, Maslaha justifies regulatory adaptation to modern financial realities — such as permitting organised Tawarruq despite scholarly reservations, or allowing Sukuk structures that balance investor needs with Shariah requirements. AAOIFI and IFSB standards frequently invoke Maslaha when adapting classical contracts to contemporary banking contexts. Regulators cite Maslaha in financial inclusion policies, arguing that making Islamic finance accessible to underserved populations serves a higher public interest than rigid contractual formalism.
Labels
- glossary
- islamic-finance
- jurisprudence
- public-interest
- usul-al-fiqh