Journal of Social Research
Vol. 5 No. 11 (2026): Journal of Social Research

Application of the Rules of Dar'ul Mafasid Muqaddam 'Ala Jalbil Mashalih in Public Policy

Wirianingsih Wirianingsih (Universitas Islam Bandung)
Efik Yusdiansyah (Universitas Islam Bandung)



Article Info

Publish Date
12 Oct 2026

Abstract

Public policies should ideally prioritize public welfare in accordance with the principles of Islamic governance (siyasah shar'iyyah). However, contemporary governance frequently presents policymakers with dilemmas involving economic development, environmental degradation, and social discrimination. This paper examines the urgency of applying the Islamic legal maxim dar' al-mafasid muqaddam 'ala jalb al-masalih (preventing harm takes precedence over securing benefits) as a critical framework for formulating public policies characterized by competing interests. Employing a conceptual approach grounded in the objectives of Islamic law (maqasid al-shari'ah), this study concludes that the maxim serves as a fundamental preventive principle, closely associated with sadd al-dhara'i' (blocking the means to harm), to safeguard essential interests (daruriyyat). Within the context of governance, this principle provides a normative framework for risk mitigation, requiring policymakers to reconsider or reject regulations and commercial projects, such as land-use conversion, when their potential ecological and social harms outweigh the anticipated economic benefits. Based on these findings, the study recommends incorporating this legal maxim into regulatory impact assessments and the preparation of academic papers supporting draft legislation, strengthening environmental impact assessments (EIAs), and ensuring meaningful public participation in policymaking. Religious authorities are also encouraged to issue thematic Islamic legal opinions (fatwas) addressing policies that undermine environmental sustainability, while academics are urged to develop measurable indicators for assessing and prioritizing potential harms (mafasid) and benefits (masalih) in contemporary public policy.

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Journal Info

Abbrev

ijsr

Publisher

Subject

Humanities Computer Science & IT Economics, Econometrics & Finance Education Social Sciences

Description

The Journal of Social Research is a double blind peer-reviewed academic journal and open access to social and scientific fields. The journal is published monthly by International Journal Labs. The Journal of Social Research provides a means for sustained discussion of relevant issues that fall ...