Can Principles of Reform Like Public Interest and Legal Preference Be Used to Address Systemic Harms?
Hanafi Fiqh
Answered by Shaykh Faraz Rabbani
Question
Can principles like maslaha (public interest) or istihsan (juristic preference) be used to address systemic harms in areas such as women’s rights in marriage or divorce, or to justify publicly exposing injustices like imprisonment or exploitation for the sake of reform?
Answer
In the Name of Allah, Most Merciful and Compassionate.
I hope you’re doing well, insha’Allah.
These and other legal tools (such as istihsan, urf, and darura) are in the arsenal of trained fuqaha to review, consider, and reconsider how legal rulings apply.
Preventing Harm and Injustice
Allah Most High commends,
“Verily Allah commands being wholly fair and just, doing even better for everyone than one must, and gracious generosity to kin; And He forbids wickedness, wrong, and transgression. He warns you, that haply you may remember and heed.” [Quran, 16:90; Keller, The Quran Beheld]
The Beloved Messenger of Allah (Allah bless him and give him peace) also made it clear that harm must be lifted; harm is never accepted; and that the believer stands up for truth and what is right. There are also dire warnings in Prophetic teachings against leaving the commanding of good and forbidding of wrong. Please find related answers in the SeekersGuidance Answers – www.seekersguidance.org
The Tools for Lifting Harm and for Renewal
The tradition has the tools for renewal — but on the standards revealed by Allah Most High and explained by the Prophet (peace and blessings be upon him), interpreted through a living methodology that continues to the present through reliable scholarship.
The Messenger of Allah (Allah bless him and give him peace) said,
“A group from my community will remain firmly on the Truth, unbroken and manifest until the decree of Allah, while they are still firm on that Truth.” [Bukhari, others]
He also promised (Allah bless him and give him peace), “My community is like the rain: you never really know if the first is better or the last.” [Tirmidhi, Ahmad; rigorously authentic (sahih)]
And Allah knows best.
[Shaykh] Faraz Rabbani
Related
- Does Maslaha (Public Interest) Excuse Compromising Islam for Politics?
- Understanding Rulings for Modern Sources of Harm
- Can You Clarify the Criteria for Enjoining Good and Forbidding Evil?
- Women’s right to divorce
Shaykh Faraz Rabbani is a recognized specialist scholar in the Islamic sciences, having studied under leading scholars from around the world. He is the Founder and Executive Director of SeekersGuidance.
Shaykh Faraz stands as a distinguished figure in Islamic scholarship. His journey in seeking knowledge is marked by dedication and depth. He spent ten years studying under some of the most revered scholars of our times. His initial studies took place in Damascus. He then continued in Amman, Jordan.
In Damascus, he was privileged to learn from the late Shaykh Adib al-Kallas. Shaykh Adib al-Kallas was renowned as the foremost theologian of his time. Shaykh Faraz also studied under Shaykh Hassan al-Hindi in Damascus. Shaykh Hassan is recognized as one of the leading Hanafi jurists of our era.
Upon completing his studies, Shaykh Faraz returned to Canada in 2007. His return marked a new chapter in his service to the community. He founded SeekersGuidance. The organization reflects his commitment to spreading Islamic knowledge. It aims to be reliable, relevant, inspiring, and accessible. This mission addresses both online and on-the-ground needs.
Shaykh Faraz is also an accomplished author. His notable work includes “Absolute Essentials of Islam: Faith, Prayer, and the Path of Salvation According to the Hanafi School,” published by White Thread Press in 2004, which is a significant contribution to Islamic literature.
His influence extends beyond his immediate community. Since 2011, Shaykh Faraz has been recognized as one of the 500 most influential Muslims. This recognition comes from the Royal Islamic Strategic Studies Center. It underscores his impact on the global Islamic discourse.
Shaykh Faraz Rabbani’s life and work embody a profound commitment to Islamic scholarship. His teachings continue to enlighten and guide seekers of knowledge worldwide.
