Explaining the Rule: Adopting Unrestricted Public Interests and Its Criterion, and the Difference Between Unrestricted Public Interests and Religious Innovation

The Shaykh : However, I want to clarify that I have spoken about what is known among jurists as unrestricted public interests (masalih al-mursalah). I speak with caution when I say "jurists," for I do not mean the majority of them, as there is disagreement on this issue. Among the most famous jurists who advocate for adopting unrestricted public interests are the Malikis, followed by the Hanbalis. The point is that these unrestricted public interests are a very important principle in the Shari'ah, as they help in deriving new rulings for contemporary events. However, the crux of the matter is that one who does not master the two principles mentioned earlier—the principles of jurisprudence and the principles of innovation—may also fall into error or danger. Unrestricted public interests encompass events and causes that arise over time, through which a Muslim, and especially a ruler, can achieve benefits for the Muslims. Do all these means by which benefits for the Muslims are realized fall under the principle of unrestricted public interests? The answer is no. It is necessary to distinguish. Our discussion has reached the point that unrestricted public interests, which are the emerging causes through which some benefit or interest for the Ummah can be achieved, cannot be adopted in an absolute sense. Rather, it is necessary to distinguish, as follows: First, one must look at this emerging cause and ask whether the reason for adopting it existed during the time of the Messenger (peace and blessings be upon him) or not? If it existed, and it appears that applying it would have yielded a benefit, yet the Messenger (peace and blessings be upon him) did not adopt this cause at that time, then it is not permissible for Muslims to adopt it on the claim that it is in the interest of the Ummah. This is clear, for if this interest were a religious one, it would have been brought by the one upon whom the Shari'ah was revealed in its completeness, as he (peace and blessings be upon him) said: The hadith.