AL-MASALIH AL-MURSALAH AND THE WESTERN THEORIES OF PUBLIC INTEREST

Abstract

This study critically analyzes and compares the concept of al-masalih al-mursalah (public interest) in Islamic law (Shariah) with the Western theory of public interest. The objective is to explore the fundamental differences between these two perspectives by examining both primary Islamic sources, such as the Qur'an and Sunnah, and Western theoretical frameworks. The methodology employed includes qualitative analysis, using textual interpretation of the objectives and principles of Shari'ah (Maqasid al-Shari'ah) and Western philosophical writings on public interest. Islamic jurisprudence highlights maslahah as a guiding principle when there are no explicit rulings from the Qur'an or Sunnah, focusing on the protection of religion, life, intellect, lineage, and property. In contrast, Western public interest theory is grounded in community values and social ties. The findings reveal significant differences, with Islamic public interest being intrinsically tied to divine law, while Western public interest is often driven by societal consensus and utilitarian considerations. The study concludes by emphasizing the distinct nature of public interest within Islamic governance, where the maqasid framework plays a central role in shaping public policy decisions.