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Maslaha (interest) exists wherever  Shariah exists  

Allah says in His Book addressing the Rasool : ''We did not sent you save a mercy for the peoples.'' [Al-Anbiaa': 107] 

The fact that he came as a mercy for them means that he brought what their interest (maslahah). He (swt) says: 

''O Mankind! There has come to you an exhortation from your Lord, a cure for that breasts (i.e heart), a guidance and a mercy, for believers.'' [Yunus: 57] .

And He swt says: 
''Now has there come to you a clear proof from your Lord, a guidance and a  cy.'' [ Al-An'am: 157] 

The guidance and mercy are either for bringing about a benefit (maslaha) to the people or for removing away harm (mafsadah) from them. This is the interest (maslahah). This is because the maslahah is bringing manafi' (benefits) and removing away the mafasid (evils). The function of determining that a (certain) matter is maslahah or not is for the Shariah only ; for it is the one that came with the maslahah, and it is the one which defines this maslahah for mankind. This is because what is meant by the maslahah is the maslahah of man as a human being. Even what is meant by the maslahah of the individual is his maslahah as a human being and not only as a particular individual. However, the maslahah is either decided by the mind ('aql) or the Shariah'. If its consideration was left to the 'aql, the people will be unable to define the true maslahah. This is because the 'aql is limited, so it can't encompass the nature and reality of man, so it would not be able to decide what is of maslahah to him, for it did not comprehend the reality of man in order to decide whether this matter is of maslahah or mafsadah (evil) to him. 

It is only the Creator of man who understands the reality of man. Thus, no one other than the Creator of man, Allah , that can certainly decide what is maslahah and what is mafsadah (evil) for him. It is true that man can think that matter is good or bad (maslahah or mafsadah) for him, but he can't be sure of that. So leaving the decision of the maslahah to the speculation (dhann) would lead to fall in dangers. This is because he might think of a matter to be maslahah, then it appears to be mafsadah. In such a case he decided the mafsadah (bad) for man as being maslahah, thus causing harm to him. A matter could also appear to be mafsadah, then it is discovered to be maslahah. So he would remove a maslahah from man, thinking it is mafsadah, thus causing harm to him by depriving him of a maslahah. Moreover, 'aql might judge on a matter to be maslahah, today, then man himself discovers tomorrow that thing is mafsadah, so he judges on it to be mafsadah. The same thing could occur to the mafsadah also, where he says about a thing to be mafsadah today, then he himself discovers tomorrow that it is maslahah and thus says it is maslahah. Thus, the thing itself becomes maslahah and mafsadah, a matter that is not allowed, nor it can be so. For, a matter is either maslahah or mafsadah in the same case. Leaving the decision to the 'aql, the maslahah becomes relative and not real. Therefore, 'aql must not be left to decide what is the maslahah. This must rather be left to the Shar'iah (divine rules) alone to decide, for it is the one that decides the real maslahah and the real mafsadah. The 'aql only understands the reality (waaqi') of the matter in a perfect way, the divine text that came about that matter, then it applies the text on the reality. If it is applied to it, then it would be a maslahah or a mafsadah, according to the text of the Shari'ah. If it did not apply to it, then the meaning that applies to the reality has to be sought for, so as the maslahah that Shari' decided can be known, through the knowledge of the hukm of Allah in that matter. 

Thus, maslahah is a shar'iah one and not aqli. It goes along with the Shar'iah. Thus, the maslahah exists wherever the Shar'iah exists, because the Shar'iah decides masalih of men.


Comments

Today the secular nations who make Aql (mind) the basis and source of legislation are themselves confused in numerous scientific and social problems. They have not reached a conclusive decision on human problems such as the use of G.M. foods, therapeutic cloning, human cloning, abortion, surveillance, spying etc. This is because the Aql (mind) is incapable to reach a conclusive decision on these matters. Thus science and technology becomes stagnant because of lack of clear and conclusive thoughts. The Qur'anic Ayat and Ahadith provide clear guidance to humanity in these confusing issues. According to Islam, human cloning is Haram (forbidden) whilst cloning human organs is Halal (allowed) if stem cells are acquired from Halal sources.

judging Islamic Ahkam on the basis of limited human intellect thus considering Allah's' ‘ilm (Knowledge) and Hikmah (Wisdom) deficient and imperfect. Indeed, Islam orders man to use the mind and reasoning when it comes to believing in the existence of the Creator, Qur'an being the Word of Allah and Muhammad (saw) being the messenger of Allah. Moreover, benefiting from the human mind in the fields of science and technology for the betterment of the humanity is an obligation signified in numerous Ahadith of the Messenger of Allah (saw). But Islam doesn't allow Muslims to judge Allah's laws related to Ibadat (worship), mu'amilat (transactions), economic system, ruling system, judicial system etc. and accept or reject them on the yard-stick of limited human intellect (based on benefit or harm).

It is for this reason that Allah ordered us to say ''we listen and we obey''; and He did not say that Muslims are the ones who listen to the orders of Allah (swt), scrutinise them based on their Aql (mind) and then obey them. The Messenger of Allah (saw), in his Hadith, has very clearly condemned Muslims who take Aql (mind) the basis and source rather than the Qu’an and Sunnah while giving Islamic edict. The Messenger of Allah (saw) said:

''And He who said something in Qur'an based on his own opinion (mind), he will reserve for himself a place in the Hell-fire.'' (Tirmadhi)

Islam ordains us to change our intellect, desire and circumstances according to Islam rather than tailoring Islam according to our desires and circumstances. The Prophet of Allah (saw) said:

''The Iman (faith) of the believer will not be complete until his desires follow that which I have come with (i.e. Islam).'' (Al-Bayhaqi)


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