The Preponderant Opinion on Conflicting and Changing Interests and Harms

Abstract

This research addresses one of the most intricate subjects of Al-Siyasa al-Shar'iyya (Sharia-based policy) and legal reasoning (Ijtihad): the principle of "Al-Masalih al-Mursala" (Unrestricted Public Interest). This principle is considered a key element of Sharia's flexibility and its applicability across all times and places. There is undoubtedly an urgent need to define the criteria for reconciling conflicting interests and determining legal preference in light of contemporary issues and rapid global developments. Thus, it has become essential to establish clear fundamental (Usuli) guidelines to prevent "public interest" from being used as a pretext for seeking undue concessions or evading religious rulings. Furthermore, this research aims to bridge the gap between theoretical foundations and modern applications by projecting the Usuli rules of conflicting interests and harms (Al-Masalih wa al-Mafasid) onto a contemporary case study: the distribution of Sharia-related pamphlets and booklets, thereby highlighting the vitality and relevance of the science of Usul al-Fiqh