Balancing Textual Evidence and Public Interest (Maṣlaḥa): Models of Their Application in Contemporary Issues

The research idea focuses on establishing a fundamental balance to combine two considered fundamental principles of Islamic law, namely the text on one hand and existence on the other. Often, there is a conflict of evidence, and methods of combining or preferring them have been heard to join. Is there a sequential timing that controls these processes, and in other words, what is the basis for judging the conflict of that evidence? The text and its sanctity and the administration in this field, which was found only to achieve the interest, is its goal from the beginning, and it was taken as a basis from the basis of my law, where the other method of balancing is managed in the event of a conflict, even if apparent. This is what the research confirms, through proving the existence of a sound fundamental process called balancing, whether from the side of the foundation or the jurisprudence that testifies to this method in a straight and modern way, and from this method the research is directly based, as it is about the balancing in which the evidence was found side by side to obtain the legal ruling whose goal is l historical In this way, it does not disregard or waste the text, and in return, the text does not concern it or affect it in any way They are not in the field of conflict that requires the other to start, or to adopt the idea of an equivalent rearrangement. Rather, the text will be the sponsor of a result, and it will be subsequent to the text

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Publication Details

Journal
Anbar university Journal for Islamic Sciences
Published
2026-09-01
DOI
https://doi.org/10.34278/aujis.2026.192238
Primary Topic
Islamic Studies and History
Type
article
Field-Weighted Citation Impact
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article

Balancing Textual Evidence and Public Interest (Maṣlaḥa): Models of Their Application in Contemporary Issues

Aboud Ayada Khalaf -
Anbar university Journal for Islamic Sciences
Islamic Studies and History
article

Balancing Textual Evidence and Public Interest (Maṣlaḥa): Models of Their Application in Contemporary Issues

Aboud Ayada Khalaf -
article en

Abstract

The research idea focuses on establishing a fundamental balance to combine two considered fundamental principles of Islamic law, namely the text on one hand and existence on the other. Often, there is a conflict of evidence, and methods of combining or preferring them have been heard to join. Is there a sequential timing that controls these processes, and in other words, what is the basis for judging the conflict of that evidence? The text and its sanctity and the administration in this field, which was found only to achieve the interest, is its goal from the beginning, and it was taken as a basis from the basis of my law, where the other method of balancing is managed in the event of a conflict, even if apparent. This is what the research confirms, through proving the existence of a sound fundamental process called balancing, whether from the side of the foundation or the jurisprudence that testifies to this method in a straight and modern way, and from this method the research is directly based, as it is about the balancing in which the evidence was found side by side to obtain the legal ruling whose goal is l historical In this way, it does not disregard or waste the text, and in return, the text does not concern it or affect it in any way They are not in the field of conflict that requires the other to start, or to adopt the idea of an equivalent rearrangement. Rather, the text will be the sponsor of a result, and it will be subsequent to the text

Anbar university Journal for Islamic SciencesVol. 17(3)
University of Anbar (IQ)
Peace, Justice and strong institutions
Openalex Percentile: Top 3%
Islamic Studies and History
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