Principles and Guidelines of Maslahah in Contemporary Ijtihad and Their Practical Applications: An Analytical Study
Year: 2026
Type: article
Abstract: This paper investigates the doctrine of Maslahah in Islamic jurisprudence and its alignment with Maqasid al-Shariah, particularly in relation to challenges in modern finance, artificial intelligence, data protection, and bioethics. The core problem lies in demarcating genuine Shariah grounded welfare from commercial utility, especially when individual gains conflict with collective harm. By examining foundational texts, classical contributions by al-Ghazali, ‘Izz al-Din ibn ‘Abd al-Salam, al-Qarafi, al-Shatibi, and Ibn al-Qayyim, as well as resolutions from the International Islamic Fiqh Academy and international bodies, this study outlines practical criteria for resolving competing interests. It proposes a seven-step framework for evaluating new technologies and commercial instruments, arguing that Maslahah cannot serve as an open-ended justification for economic convenience without regard to legal precedent. The paper suggests that effective contemporary application requires institutionalized collective ijtihad, continuous cross-disciplinary input from domain experts, and systematic attention to eventual outcomes (Ma’alat al-Af‘al). Keywords: Maslahah; Maqasid al-Shariah; Ijtihad; Ma’alat al-Af‘al; Artificial Intelligence; Smart Contracts; Legal Theory.
Author: Khaliq Ur Rehman
Language: English
Subfield: Religious studies
Field: Arts and Humanities
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7225464573