Interplay Between Benefits and Harms (Masalih and Mafasid)

One of the complexities of Islamic political jurisprudence is recognizing that a benefit may arise from a harm, a harm may arise from a benefit, a harm may arise from another harm, and a benefit may arise from another benefit. Additionally, a benefit and a harm may coexist without one necessarily causing the other. When a benefit or harm is clearly identified, the corresponding ruling should be based on it. However, if the matter remains unclear, it should be determined through indicators that point towards its true nature.

If a seemingly pure benefit appears to be free from any significant harm, caution should be exercised to verify this assumption before proceeding. The same applies to both worldly and religious matters, as these legal principles apply equally to both. ⁽¹⁾

The Principle of Considering Consequences (I’tibar al-Ma’alat)

One of the most crucial principles in Islamic political jurisprudence is the consideration of consequences. A political jurist should not merely focus on deriving the legal ruling itself but must also analyze the eventual outcomes of decisions and actions. Sometimes, an action may be legally permissible or prohibited, but its ultimate effect may contradict the intended goal. ⁽²⁾

For example, the Prophet Muhammad (peace be upon him) refrained from executing known hypocrites to prevent people from saying, “Muhammad kills his own companions.” Similarly, he did not rebuild the Kaaba on the foundation of Prophet Ibrahim, fearing that it might cause confusion and unrest among the newly converted Muslims. Likewise, he prohibited reprimanding a Bedouin who urinated in the mosque, to prevent the impurity from spreading to other areas.

The Necessity of Jurisprudential Mastery (Malakah Fiqhiyyah)

A political jurist must possess a deep and refined jurisprudential ability (malakah fiqhiyyah) that qualifies them to issue fatwas in such complex matters. It is insufficient for a scholar to merely engage in Islamic jurisprudence superficially. If general jurists are required to have a high level of understanding, this requirement is even more critical for political jurists, making it one of the most essential qualifications.

Key Conditions for Issuing Fatwas on Contemporary Political Issues:

• Specialization in Jurisprudence (Fiqh)
• Understanding the Political Context
• Balancing Benefits and Harms
• Maintaining Objectivity and Freedom from Bias
• Collective Ijtihad (Scholarly Consensus) in Matters Affecting the Muslim Nation

Imam al-Juwayni stated: “One of the most important aspects of jurisprudence is training oneself in legal reasoning based on probability in matters of rulings. This is what is known as ‘fiqh of the soul’ (fiqh al-nafs), and it is among the most valuable attributes of Islamic scholars.” ⁽³⁾

Freedom from External Influences and Bias

A scholar engaging in Islamic political jurisprudence must be completely free from political affiliations, ideological biases, or sectarian leanings. If a scholar is influenced by a political party, a particular ideology, or a specific movement, it is inevitable that their legal reasoning will be affected. Only those whom Allah has preserved from such influences can issue truly objective fatwas.

Many preachers and scholars have fallen into serious errors in public discourse due to biases towards their political or ideological inclinations. A scholar who harbors hostility towards a rival political movement will often allow this bias to seep into their rulings, even if they outwardly claim neutrality and objectivity. This is a dangerous distortion of jurisprudence.

Some scholars, due to political disagreements, have hastily issued fatwas permitting the killing of individuals who should not be killed, or have justified assassinations and political violence without verifying the necessary conditions, contradicting the consensus of Islamic legal tradition. This reckless approach has led many young people into violent conflicts that caused more harm than benefit, all because of a lack of neutrality and objectivity in political jurisprudence.

Imam Ibn al-Qayyim warned against this, stating: “If you wish to determine the truthfulness of a statement, strip it of its emotional and ideological context. Then, purify your heart from personal bias and inclinations, and examine it with complete fairness. The one who looks with the eyes of enmity will see virtues as vices, while the one who looks with the eyes of love will see vices as virtues. Only those whom Allah has chosen for His guidance and honored with sincerity can escape this trap.” ⁽⁴⁾

The Necessity of Collective Ijtihad in Matters Affecting the Muslim Nation

One of the key characteristics of sound political fatwas is that no single scholar or jurist should issue rulings on major national or political matters in isolation. No single intellect is sufficient on its own; rather, the collective wisdom of scholars is necessary to ensure accuracy and wisdom.

The greatest danger arises when individual scholars make public declarations on significant issues through television, radio, or mass media, as such unilateral statements can lead to grave errors, no matter how knowledgeable the scholar may be. There is a vast difference between carefully crafting legal opinions with deliberation and making spontaneous statements on live broadcasts.

Allah emphasizes the importance of scholarly consultation in matters of governance:    “Had they referred it to the Messenger or to those in authority among them, then those who derive rulings from it would have known it.” (Surah An-Nisa: 83)

Ibn Ashur explains this verse: “This means that they should refer such matters to the collective body of those in authority, so that the most knowledgeable among them can derive the correct ruling. If all of them engage in deliberation, the ruling will be even more precise.” ⁽⁵⁾

Issuing fatwas on contemporary political issues is one of the most challenging areas of Islamic jurisprudence, and those who engage in it assume a great responsibility before Allah. Collective scholarly deliberation offers far greater protection and accuracy than issuing personal fatwas.

A jurist must always remember that in such sensitive matters, they are speaking on behalf of Allah. Therefore, they must approach these issues with wisdom, neutrality, and sincerity, constantly seeking the truth while acknowledging their own human limitations. If confusion or controversy arises, silence is often the best course of action, as the Prophet (peace be upon him) warned: “A person may utter a single word that displeases Allah, without realizing its gravity, and it causes him to fall into the depths of Hell for seventy years.”Top of Form

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• Tartīb al-Furūq wa Ikhtiṣāruhā, Al-Baqūrī (1/44).
• See: Al-Muwāfaqāt, Al-Shāṭibī, vol. 4, pp. 194-195.
• Al-Ghiyāthī, p. 404.
• Miftāḥ Dār al-Saʿādah wa Manshūr Wilāyat al-ʿIlm wa al-Irādah, (1/141).
• Al-Taḥrīr wa al-Tanwīr, (4/203).