Maslaha or maslahah or maslahat (Arabic: مصلحة, lit. 'benefit, public interest') or maslaha mursala (Arabic: مصالح مرسلة, lit. '"sent", "transmitted", "unbonded", "open" or "unconditional" public interest'), comes from the term "Salihat" (good deeds, also linked to Islah and Istislah), is a concept in Sharia (Islamic divine law) regarded as a basis of law. It forms a part of extended methodological principles of Islamic jurisprudence (uṣūl al-fiqh) and denotes prohibition or permission of something, according to necessity and particular circumstances, on the basis of whether it serves the public interest of the Muslim community (ummah). In principle, maslaha is invoked particularly for issues that are not regulated by the Qur'an, the sunnah (the teachings and practices of the Islamic prophet Muhammad), or qiyas (analogy). The concept is acknowledged and employed to varying degrees depending on the jurists and schools of Islamic jurisprudence (madhhab). The application of the concept has become more important in modern times because of its increasing relevance to contemporary legal issues. The opposite term of maslaha is mafsada (مفسدة, harm). Islamic politics is itself predicated on maslaha, and is such changeable, as it must respond to the exigencies of time. The term is different from bidah.
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Maslaha in the context of Sunni Muslims
Sunni Islam is the largest branch of Islam and the largest religious denomination in the world. It holds that Muhammad did not appoint any successor and that his closest companion Abu Bakr (r. 632–634) rightfully succeeded him as the caliph of the Muslim community, being appointed at the meeting of Saqifa. This contrasts with the Shia view, which holds that Muhammad appointed Ali ibn Abi Talib (r. 656–661) as his successor. Nevertheless, Sunnis revere Ali, along with Abu Bakr, Umar (r. 634–644) and Uthman (r. 644–656) as 'rightly-guided caliphs'.
The term Sunni means those who observe the sunna, the practices of Muhammad. The Quran, together with hadith (especially the Six Books) and ijma (scholarly consensus), form the basis of all traditional jurisprudence within Sunni Islam. Sharia legal rulings are derived from these basic sources, in conjunction with consideration of public welfare and juristic discretion, using the principles of jurisprudence developed by the four legal schools: Hanafi, Hanbali, Maliki and Shafi'i.
Maslaha in the context of Istislah
Istislah (Arabic: استصلاح, lit. 'to deem proper') is a method employed by Islamic jurists to solve problems that find no clear answer in sacred religious texts. It is related to the term مصلحة Maslaha, or "public interest" (both words being derived from the same triconsonantal root, "ṣ-l-ḥ"). Extratextual pragmatic considerations are commonly accepted in Islamic jurisprudence concerning areas where the Qur'an and the practices of the earliest Muslim generations (Salaf) provide no specific guidance.
Istislah bears some similarities to the natural law tradition in the West, as exemplified by Thomas Aquinas. However, whereas natural law deems good that which is known self-evidently to be good, according as it tends towards the fulfilment of the person, istislah calls good whatever is connected to one of five "basic goods". Al-Ghazali abstracted these "basic goods" from the five legal precepts in the Qur'an and Sunnah—religion, life, reason, lineage (or offspring), and property. In this classical formulation, istislah differs from utilitarianism—"the greatest happiness for the greatest number of people"—because something that results in "the greatest happiness" may infringe any one of the five basic values. Rather than utilitarianism, Istislah bears closer resemblance to deontologicalism.
Maslaha in the context of Sunni muslims
Sunni Islam is the largest branch of Islam and the largest religious denomination in the world. It holds that Muhammad did not appoint any successor and that his closest companion Abu Bakr (r. 632–634) rightfully succeeded him as the caliph of the Muslim community, being appointed at the meeting of Saqifa. This contrasts with the Shia view, which holds that Muhammad appointed Ali ibn Abi Talib (r. 656–661) as his successor. Nevertheless, Sunnis revere Ali, along with Abu Bakr, Umar (r. 634–644) and Uthman (r. 644–656) as 'rightly-guided caliphs'.
The term Sunni means those who observe the sunna, the practices of Muhammad. The Quran, together with hadith (especially the Six Books) and ijma (scholarly consensus), form the basis of all traditional jurisprudence within Sunni Islam. Sharia legal rulings are derived from these basic sources, in conjunction with consideration of public welfare and juristic discretion, using the principles of jurisprudence developed by the four predominant legal schools: Hanafi, Maliki, Shafi'i and Hanbali.
Maslaha in the context of Bid‘ah
In Islam and sharia (Islamic law), bidʿah (Arabic: بدعة [ˈbɪdʕæ], lit. 'innovation') refers to innovation in religious matters. The category is further divided into bid'ah al-ibadat and bi'da al-mu'amalat. The first category refers to innovations in sacred matters, such as worship, and are generally forbidden as it violates the textual source of the Quran and the Sunnah. The second refers to innovations in the mundane realm and is often permissible, as long as it does not violate the Sharia.
Linguistically, as an Arabic word, the term can be defined more broadly, as "innovation, novelty, heretical doctrine, heresy". In classical Arabic literature outside of religion, bidʻah has been used as a form of praise for outstanding compositions of prose and poetry. The alternative positive concept for bidah is maslaha.