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.
Copyrights © 2026