علاقة المصلحة المرسلة بالمذهب المالكي

Abstract

Public interest (maslaha) is a foundational principle in Islamic jurisprudence, oriented toward securing benefits and averting harm for mankind. Within this framework, the concept of unrestricted public interest (maslaha mursala) emerges as a pivotal jurisprudential doctrine, with the Maliki school of thought (madhhab) pioneered its formal adoption and development. This study elucidates the Maliki conception of maslaha mursala, examining its role in enhancing the dynamism and flexibility of Maliki jurisprudence, and demonstrating how it enables Islamic law to effectively respond to temporal and spatial contingencies. The study concludes that the employment of maslaha mursala endowed the Maliki school with a remarkable capacity for legal adaptation, distinguishing it from other Sunni schools. Furthermore, it permitted the Malikis to qualify (takhsis) general textual indications (al-adillah al-ammah) when necessitated by public interest. The research affirms that maslaha mursala, in its systematized form, represents an authentic jurisprudential innovation of the Maliki school that was subsequently accommodated by other legal schools, thereby underscoring its vital role in the evolution of Islamic jurisprudence