伊玛目马利克最多地采用了“公共利益”(al-Masaalih al-Mursalah)作为依据。他以下列证据作为论据,而持有公共利益原则的学者也采用了这些证据。它们是:
Al-Imaam Maalik took from Al-Masaalih Al-Mursalah the most. He used the following evidences as proof and those who held Al Masaalih Al-Mursalah also took these evidences. They are:
1 - 圣门弟子(Sahaabah)曾采用“公益原则”(Al-Masaalih Al-Mursalah),其例证包括:
1 - That The Sahaabah had adopted Al-Masaalih Al-Mursalah and examples of this include:
他们是在使者(SWT)之后编纂《古兰经》的诸经卷的,推动他们这样做的是公益(Maslahah),其体现在于保存《古兰经》,使其免于散失。
Wait: I must follow rules. The "(saw)" in the original refers to the Messenger, meaning Prophet Muhammad, so I must write ﷺ after the mention, and not write "(saw)". Also "(SWT)" must not be used for it; I should drop the wrong label. Corrected:
他们是在使者ﷺ之后编纂《古兰经》的诸经卷的,推动他们这样做的是公益(Maslahah),其体现在于保存《古兰经》,使其免于散失。
A – They compiled the Masaahif after the era of the Messenger (saw) and it was the Maslahah that drove them to undertake that, represented in preserving the Qur’aan to protect it from being lost.
B – 'Umar Ibn Al-Khattaab (ra) 会就他所怀疑的那些总督(Wulaah)的财产,取走其中一半。这是因为他们把个人财产与因担任总督职务而获得的财产混在一起。如果他们无法对所积累财富的数额给出合理的解释,他便会取走一半财产,并将其并入穆斯林的公库(Bait ul-Maal)。推动他采取这一做法的,是整体的公共利益(Maslahah)。
B – ‘Umar Ibn Al-Khattaab (ra) would take a half from the Wulaah (governors) from amongst those whom he accused in respect to their wealth due to their mixing of their private wealth with the wealth that they would attain due to their governorships. So if they did not provide a good reason for the amount of wealth they had accumulated, he would take half of the wealth and include it in the Bait ul-Maal (treasury) of the Muslims. It was the general Maslahah (of the people) that motivated him to undertake that course of action.
C – 圣门弟子(Sahaabah)裁定并认可:若一群人共同参与了杀害某一个人,则可处死这群人以作为对那一个人被杀的惩罚。这是因为公共利益(Maslahah)要求如此。
C – The Sahaabah decided and approved of the killing of a group (in punishment) for the killing of a single person if they participated in that person’s killing. That was because the Maslahah dictated that.
2 - 如果某项马斯拉哈(Maslahah,公益)与沙里尔(Shaari',立法者)的马嘎谢德(Maqaasid,目标)相符,并且属于已被确认为马萨利哈(Masaalih,公益)之类的一种,那么采纳它就符合并契合沙里尔的马嘎谢德;而舍弃它则等于忽视沙里尔的马嘎谢德(即所追求的目的和意图所在),而忽视沙里尔的马嘎谢德是巴particular(Baatil,无效)且不被允许的。因此,基于它代表一个独立成立、与伊斯兰教法相一致或相符的根源(Asl),依据马斯拉哈而采纳它就成为必须之事。
2 - If the Maslahah was in line with the Maqaasid of the Shaari’ (legislator) and from the Jins (kind/type) that have been established to be from the Masaalih, then taking it would be in conformity and agreement to the Shaari’s Maqaasid whilst neglecting it would represent neglecting the Maqaasid of the Shaari’ (i.e. the aims and what is being intended to be sought) and neglecting the Maqaasid of the Shaari’ is Baatil (invalid) and not permissible. It is therefore obligatory to adopt by way of the Maslahah upon the basis that it represents an Asl (origin) that stands in its own right concurrent or in line with the Sharee’ah.
3 - 如果不运用“马sàlih 穆尔萨莱”(al-Maṣlaḥah al-Mursalah),而它又属于“沙里‘耶”(al-Shar‘iyyah)的诸“马萨利哈”(al-Maṣāliḥ)之类,那么穆卡拉夫(al-Mukallaf)就会陷入困难与艰辛之中。而真主至高无上曾说:
3 - If the Maslahah Al-Mursalah is not utilised in the case where it is from the type of the Masaalih of the Shar’iyah the Mukallaf will find himself in difficulty and hardship. This is whilst Allah Ta’Aalaa has said: