The Shar‘ī Foundation of Fiqh Al-Muwāzanāt between Benefits and Harms

Abstract

This study aimed to establish the jurisprudential foundations of Fiqh Al-Muwāzanāt [The Jurisprudence of Balancing] between benefits and harms [Al-maṣāliḥ wa Al-mafāsid] by clarifying its concept, Shar‘ī evidences, and practical applications in Islamic jurisprudence, and by highlighting its significance in addressing contemporary issues [Al-nawāzil] where benefits and harms conflict. The study adopted an inductive approach to trace relevant Shar‘ī texts and scholars’ opinions concerning Fiqh Al-Muwāzanāt, and a descriptive-analytical approach to present concepts, analyze Shar‘ī evidences, and discuss them critically. The study concluded that Fiqh Al-Muwāzanāt constitutes one of the significant Shar‘ī objectives that contributes to realizing people’s interests and repelling harms from them. It is grounded in solid Shar‘ī principles derived from the Qur’an, the Prophetic Sunnah, and the statements of the righteous predecessors [Al-salaf Al-ṣāliḥ]. The study further demonstrated that Shar‘ī balancing manifests in three primary domains: Balancing conflicting benefits, balancing conflicting harms, and balancing benefits against harms when they coincide. The findings revealed that the methodology of the Companions and the righteous predecessors included pioneering practical applications of Fiqh Al-Muwāzanāt, evident in their stances and ijtihād in managing the affairs of the Ummah and achieving public interest. Examples include Abū Bakr al-Ṣiddīq’s stance toward those who withheld zakāh, ‘Umar ibn ‘Abd al-‘Azīz’s approach of gradual reform, and Imam Aḥmad ibn Ḥanbal’s position during the Miḥnah of the Created Qur’an [Inquisition]. The study concluded that Fiqh Al-Muwāzanāt represents an effective Shar‘ī tool for prioritizing and making sound decisions in light of the objectives of Islamic Sharī‘ah, thereby securing the greatest benefits and averting the greatest harms.