Maslaha or maslahah (مصلحة) is a concept in shari'ah (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 (maddhab). The application of the concept has become more important in modern times because of its increasing relevance to contemporary legal issues.
The concept was first clearly articulated by al-Ghazali (d. 1111), who argued that maslaha was Allah's general purpose in revealing the divine law, and that its specific aims was preservation of five essentials of human well-being: religion, life, intellect, offspring, and property. Although most classical-era jurists recognized maslaha as an important legal principle, they held different views regarding the role that it should play in Islamic law. Some jurists viewed it as auxiliary rationale constrained by scriptural sources and analogical reasoning. Others regarded the concept as an independent source of law, whose general principles could override specific inferences based on the letter of scripture. The latter view was held by a minority of classical jurists, but in modern times, it came to be championed in different forms by prominent scholars who sought to adapt Islamic law to changing social conditions by drawing on the intellectual heritage of traditional jurisprudence. Along with the analogous concept of maqasid, it has come to play an increasingly prominent role in modern time because of the need to confront legal issues that were unknown in the past.
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Islamic modernism is a movement that has been described as "the first Muslim ideological response to the Western cultural challenge," attempting to reconcile the Islamic faith with modern values such as democracy, civil rights, rationality, equality, and progress. It featured a "critical reexamination of the classical conceptions and methods of jurisprudence", and a new approach to Islamic theology and Quranic exegesis (Tafsir).
The Shafi'i school (شَافِعِي, also spelled Shafei), or Madhhab al-Shāfiʿī, is one of the four major traditional schools of religious law (madhhab) in the Sunnī branch of Islam. It was founded by Muslim theologian Muḥammad ibn Idrīs al-Shāfiʿī, "the father of Muslim jurisprudence", in the early 9th century. The other three schools of Sunnī jurisprudence are Ḥanafī, Mālikī and Ḥanbalī. Like the other schools of fiqh, Shafii recognize the First Four Caliphs as the Islamic prophet Muhammad's rightful successors and relies on the Qurʾān and the "sound" books of Ḥadīths as primary sources of law.
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