The role of Maslahah in defining the goals of an Islamic Economy

Gold Dinar: Back to Sunnah

Maslahah is a juristic device used in Islamic legal theory to promote the public good and prevent social evil or corruption. Its plural masalih, means “welfare, interest, or benefit.” Literally, maslahah is defined as seeking benefit and repelling harm. Maslahah Mursalah is one of the secondary sources of determining syariah rules. Among other sources are:     

1. Istihsan - A method of exercising personal opinion (ray) in order to avoid any rigidity and  unfairness that might result from literal application of law.  
2. Urf (custom) - Recurring practices which are acceptable to people of sound nature.
3. Istishab - Presumption of existence or non-existence of facts.
4. Sadd al-Dharai (Blocking the means) - Blocking the means to evil. It is often used when a lawful means is expected to produce an unlawful result. 

In order to achieve the objective of syariah, as to adapt to the changing of the time and the development of men’s technologies, Islam has to be very flexible without compromising the basic fundamental which is guided by Al-Quran and Al-Hadith in form of aqidah, ibadah and akhlak.  The objective of syariah has been defined by Imam Al-Ghazali as: “…to promote the well-being of all mankind, which lies in safeguarding their faith (din), their human self (nafs), their intellect (`aql), their posterity (nasl) and their wealth (mal). Whatever ensures the safeguard of these five serves public interest and is desirable”[1].

Thus, maslahah plays a very important role of achieving the main objective and goals of Islamic economics. According to Dr. Mumammad Nejatullah Siddiqi[2], the goals of the Islamic economics are:

1. Fulfillment of the basic needs for food, clothing, shelter, medical care and education for all humans;
2. Ensuring equality of opportunity to all;
3. Preventing concentration of wealth and reducing inequality in the distribution of income and wealth so as, among other things, wealth does not become a means of domination of man by man;
4. Ensuring to all the freedom to pursue moral excellence; and
5. Ensuring stability and economic growth to an extent necessary for realization of the above-mentioned goals.

For example, on the basis of Maslahah, in the context of economics, the companions decided to issue currency, impose Kharaj (agricultural land tax) the most significance action was to compile the Quran. In one hadith Rasulullah s.a.w. said: "No harm shall be inflicted or tolerated in Islam".  This hadith supported the usage of maslahah in the Muslim world. Maslahah can also be divided into three categories; daruriyat (the essentials), hajiyat (the complementary), and tahsiniyat (the embellishments):

1. Daruriyat: The essentials are the self-interests upon which people essentially depend, such as faith, life, intellect, posterity, and wealth.
2. Hajiyat: The complementary interests supplement the essentials and refer to those interests that, if neglected, would lead to hardship but not to the total disruption of life’s normal order. In other words, they are needed to alleviate hardship so that life may be free from distress and predicament.
3. Tahsiniyat: The embellishments refer to those interests that, if realized, would lead to refinement and perfection in the customs and conduct of people at all levels of achievement.

Michael Mumisa, Ziauddin Sardar, and Wael Hallaq, assert that the above classification is related to and deeply rooted in the Shari`ah’s objectives to ensure that society’s interests are preserved in the best fashion both in this world and in the Hereafter. According to their views, such a classification implies how a maslahah-based methodology could be used to derive new rulings from the Shari`ah, meet society’s changing needs, and solve contemporary problems related to socioeconomic endeavors[3]. Thus, these principles can help establish guidelines for moral judgments and balancing the individual’s self-interests with social interests.

The implications of these principles on how an Islamic corporation, such as an Islamic bank, functions are clear. Invoking the Shari`ah and reflecting the maslahah imply that such banks must not be solely oriented toward profit; rather, they must seek to promote the social welfare and protect the needs of society as a whole. In addition, they should have a clear financing policy and guidelines to guide them while they are considering a commercial dealing proposal. For example, Islamic banks cannot finance a company dealing in gambling, pornography, alcohol, and other prohibited transactions; a company involved in activities deemed harmful to society (e.g., environmental degradation); or a company dealing with oppressive regimes or those who abuse human rights. Moreover, Islamic banks cannot make excessive profits at their customers’ expense or undermine and neglect their social responsibility and commitments to their stakeholders[4].

The men as the main element in the economic system whether as the player in government sector as decision maker or as the business entrepreneur who performing the sales or even as the customers who consume goods and services play big roles of protecting the public interest by avoiding any act that can harm other people and the surroundings. This can reflect the true belief of servants towards Allah to face the judgment day.

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[1] M. Umer Chapra, The Future of Economics: An Islamic Perspective (Leicester: The Islamic Foundation, 2000), 118.

[2] Dr. Mumammad Nejatullah Siddiqi, Teaching Islamic Economics, Islamic Economics Research Centre, 2005.

[3] Mohammad Hashim Kamali, Principles of Islamic Jurispudence (Petaling Jaya, Malaysia: Pelanduk Publications, 1989), 352-56.

[4] Asyraf Wajdi Dusuki and Nurdianawati Irwani Abdullah, Maqasid al-Shari`ah, Maslahah, and Corporate Social Responsibility, Pg 41