Al-Misawi, Muhammad al-Tahir. “Taʿlīl (Ratiocination), Munāsabah (Suitability) and Maṣlaḥah (Public Interest): A Study in the Foundational Concepts of Maqāṣid al-Sharīʿah,” Year 13, Issue 52 (Spring 1429 AH/ 2008 CE), Pp. 13-54.

Abstract

Muhammad al-Misawi’s article addresses foundational concepts on which the maqāṣid al-Sharīʿah (objectives of Shariʿah) are based, in an attempt to highlight its theoretical and methodological scope. The principle of maṣlaḥah (public interest) is the axis around which debates pertaining to taʿlīl (ratiocination) centered, and is the basis for maqāṣid. The article expounds on the principle of maṣlaḥah, and explores what has been written on it, including principles that arise from it such as ʿillah (effective cause), ḥikmah (wisdom), maṣlaḥah (public interest), munāsabah (suitability), and gharaḍ (aim). It discusses these principles within the following topics:  justification of rulings and search for the rationality and wisdom of legislation; and maqāṣid al-Sharīʿah and the ta’ṣīl (a framework established upon referral to principal Islamic sources) of the concept of maṣlaḥah. The article concludes with a summary of its findings.