The ‘Ulamaa differed in respect to the Ahkaam Ash-Shar’iyah being Mu’allalah (reasoned) by the Maslahah into a number of groupings:

1 – The first group: This group denied the Ahkaam Ash-Shar’iyah being reasoned by Al-Maslahah i.e. that the Maslahah is the motive or reason for the Hukm Ash-Shar’iy. In accordance to their opinion they say that it is possible for the Shaari’ (Legislator) to legislate a Hukm Shar’iy that does not have a Maslahah (interest or benefit) within it. Those holding this view are the Asha’irah (the followers of Abu-l-Hasan Al-Ash’ariy) and the Zhaahiriyah (the followers of Daawood Azh-Zhaahiriy).

Despite that, they did however establish that an examination (of the texts and rulings) affirms that the Ahkaam Ash-Shar’i are all restricted to falling under a Maslahah from amongst the five matters: the preservation of the Deen, life, mind, progeny and property.

2 – The second group:

This group includes some of the Shaafi’iyeen and some of the Hanafiyah and they affirmed that the Maslahah is valid to be an ‘Illah (reason) for the Ahkaam Ash-Shar’iyah on the basis that it represents the ‘Amaarah’ (sign) of the Hukm but not the motive for the Hukm i.e. that it is closer to the Sabab than the ‘Illah.

3 – The third group: This group includes the Mu’tazilah, the Maatureediyah and some of the Hanaabilah and Maalikiyah. They viewed that that Ahkaam Ash-Shar’i are reasoned by Masaalih without restriction (to the will of Allah Ta’Aalaa) on the condition that the reasoning does not demolish the text (i.e. go against it).