Chapter 61 of 981 min read

6. Istislah (Welfare)

٦. الاستصلاح (المصلحة المرسلة)

He used the extensive use of Istislah (the consideration of public welfare). This was an alternative to Qiyas and is considered rational evidence. It gives preference to certain rules that are not mentioned in Quran and Sunnah for virtue of ease of public welfare. For example, Al Kharraj was established under Umar bin AlKhattab. The general rule is to distribute the land among the army. However considering the welfare of public during the conquest of Persia, Umar figured since most of the warriors were Bedouins and they would make this land barren, he split the land and kept it in the hand of the owners. He distributed this land between the farmers themselves with the condition that tax must be paid to the Islamic state. The warriors got benefit from those taxes.

Chapter 61 of 981 min read

6. Istislah (Welfare)

٦. الاستصلاح (المصلحة المرسلة)

He used the extensive use of Istislah (the consideration of public welfare). This was an alternative to Qiyas and is considered rational evidence. It gives preference to certain rules that are not mentioned in Quran and Sunnah for virtue of ease of public welfare. For example, Al Kharraj was established under Umar bin AlKhattab. The general rule is to distribute the land among the army. However considering the welfare of public during the conquest of Persia, Umar figured since most of the warriors were Bedouins and they would make this land barren, he split the land and kept it in the hand of the owners. He distributed this land between the farmers themselves with the condition that tax must be paid to the Islamic state. The warriors got benefit from those taxes.