Freeing Maqāṣid and Maṣlaḥa from Surreptitious Utilitarianism

Abstract

Current discourse on maqāṣid and maṣlaḥa has been structurally cooptated into the Western utilitarian framework, in which the two Islamic ethical and legal terms have been largely conflated with secular utility. The original epistemological and axioteleological parameters of what really counts as maṣlaḥa are disregarded so that it can be identified with core Western values such as progress, sci- ence and development. This paper overviews the nature of, and the reasons for, this cooptation and conflation, and provides general proposals for recovering the true vision and operation of maṣlaḥa. Three specific case studies, including on Islamic Finance and the Halal Industry, are presented to further clarify the discussion.