Weighing Benefits and Harms in Cases of Conflict

Abstract

This research paper titled "Weighing Benefits and Harms in Cases of Conflict" addresses the critical jurisprudential issue of balancing and prioritizing interests (benefits/Masāliḥ) and harms (evils/Mafāsid) when they conflict or overlap in Islamic law. The primary goal of Sharia is to guide humanity and bring them from darkness to light. This requires understanding Sharia's objectives, regulating its priorities, and knowing what should be presented first. The study emphasizes that resolving this conflict and overlap must follow specific, regulated controls, not personal whims, to guide the legally responsible individual (Mukallaf) in prioritization and weighing. The paper defines the concepts of benefit and harm, outlines the hierarchy of benefits (necessities, needs, and embellishments), and differentiates between public and private interests. Crucially, it details the controls for prioritization, such as preferring the greater benefit over the lesser, repelling the greater harm by committing the lesser, giving preference to the prevalent side (benefit or harm), and the fundamental rule that repelling harm precedes gaining benefits when they are equal. Finally, the research applies these controls to specific rulings in worship and transactions. The ultimate conclusion is that proper understanding of Sharia's rulings requires knowing its objectives and priorities, and placing every matter in its appropriate rank.