In this video, Sh. Saeed Al-Kamali (may Allah preserve him) is asked whether deriving rulings and basing actions on Istihsan [1] and al-Masalih al-Mursalah would necessitate contradictions and differing in the rulings of the Sharee’ah as a result of the different viewpoints of every Mustahsin, such that for each calamity there will be a variety of different rulings and fatwas?


[1] Istihsan (استحسان) is an Arabic term for juristic "preference". In its literal sense it means "to consider something good". Muslim scholars may use it to express their preference for particular judgements in Islamic law over other possibilities. It is one of the principles of legal thought underlying personal interpretation or ijtihad. A number of disputes existed amongst the classical jurists over this principle [Wiki].

[2] Al-Masalih al-Mursalah (المصالح المرسلة), according to Khwarzamiy, implies to make laws, in matters for which the Sharee’ah has not made any express prescriptions, in such a manner that the purpose entailed in the laws of the Sharee’ah are safeguarded, inasmuch as the subjects for whom the laws are being made are saved from harm.

According to Ghazali, it relates to the making appropriate laws, on the basis of the appropriate meaning derived logically through the understanding of the purpose of the Sharee’ah, for matters on which the Sharee’ah has not given any express directives.

According to Ibn Burhan, it relates to matters which are not, fully or partly, expressly prescribed by the Sharee’ah [].

[3] Maqasid is an Arabic word for goals or purposes. In an Islamic context, the term can refer to the purposes of Islamic faith and sharee’ah. Commonly, five foundational goals (Maqasid al-Shariah) are highlighted. These are the preservation of: Religion/Faith, Life, Lineage/Progeny, Intellect, and Property/Wealth.

Imam Abu Ishaq al-Shatibi (d.1388) wrote on Maqasid Al-Sharia in his work Al-Muwafaqaat fi Usool al-Sharia. He defined maqasid al-shariah as "the attainment of good, welfare, advantage, benefits and warding off evil, injury, loss of the creatures" [Wiki].

[4] Videos of Sh. Muhammad al-Taweel (may Allah shower him with Mercy):