The Maqāṣidī Balance between Text and Maṣlaḥah in Mālikī Fiqh and Its Impact on Realizing Moderate Legislation

Abstract

This study examines the maqāṣidī balance in Mālikī jurisprudence as a scientific methodology that seeks to achieve equilibrium between the sharʿī text and maṣlaḥah (public interest), thereby preserving the fixed principles of islamic Sharīʿah while accommodating contemporary variables. The research proceeds from the premise that Islamic Sharīʿah is an eternal legal system characterized by comprehensiveness and flexibility. Although its texts are finite in wording, their meanings and objectives are expansive and renewable. This renders maqāṣidī ijtihād essential for interpreting the texts and applying them to diverse realities.

The Mālikī school has given special attention to the maqāṣid of Sharīʿah, which has enabled it to harmonize sharʿī texts with considered interests without compromising outcomes or neglecting the consequences of actions. This has positioned the Mālikī school as a model of moderate jurisprudence capable of balancing continuity and renewal. Within this framework, the study addresses the problem of how to achieve a maqāṣidī balance between text and maṣlaḥah without falling into literal rigidity on one hand or unrestricted license in the name of maṣlaḥah on the other.

The study concludes that the relationship between text and maṣlaḥah is one of complementarity and harmony, not opposition. The maqāṣidī balance represents a fundamental tool for realizing moderate legislation and contributes significantly to constructing a balanced ijtihādī framework that considers consequences and achieves public interests without violating the foundational principles and constants of Sharīʿah.