Blocking the Means and Its Effect on the Difference of Rulings in the Maliki School

Abstract

This research addresses a crucial issue in Islamic jurisprudence that plays a prominent role in the evolution of legal rulings: the principle of blocking the means to evil (sadd al-dhara'i'). The concept of facilitation (taysir) is fundamental to the Maliki school of thought, which championed it alongside the principle of unrestricted public interest (masalih mursalah), to the point that it became a defining characteristic of their school. The essence of this principle is the prohibition of something permissible in its essence if it leads to something forbidden. It thus falls under the consideration of the consequences of actions, a valid and legitimate objective of Islamic law, regardless of whether the actions are permissible or prohibited. A jurist (mujtahid) does not rule on the permissibility or prohibition of an action performed by those obligated to follow Islamic law without first considering its potential consequences. In this way, this approach aligns with the general principle upon which Islamic law is founded: the pursuit of benefits and the prevention of harms.