Allocation with maslaha in the Maliki sect

This study explores the limitation (taḫṣīṣ) of general (ʿāmm) scriptural texts through the principle of maṣlaḥah within the Mālikī school of İslâmic jurisprudence. The Qur'an and Sunnah include numerous general expressions that encompass all the individuals they address. Mālikī jurists, however, have in certain cases restricted the scope of such texts based on considerations of public interest (maṣlaḥah). Although similar practices—albeit under different terminologies or conditions—can be observed in other legal schools, the Mālikī school stands out for its systematic and frequent recourse to maṣlaḥah in this context. In the Turkish academic context, no dedicated study has yet addressed the use of maṣlaḥah as a basis for limiting general texts within Mālikī legal theory, making this school a particularly relevant focus for the present research. The primary aim of this study is to identify the theoretical foundations of such instances of taḫṣīṣ in classical Mālikī sources and to illustrate their practical implications by referencing examples from the substantive (furūʿ) legal literature. Through this, the research seeks to critically reassess the commonly accepted legal maxim that "where a revealed text exists, there is no room for ijtihād (independent reasoning)." By demonstrating that the principle of maṣlaḥah can enable juristic reasoning even in the presence of textual evidence, this study highlights a balanced interpretive approach—one that upholds fidelity to scriptural sources while also allowing for legal adaptability through established rules and methodologies. As such, this research aims to contribute to contemporary legal discourse by drawing on the internal flexibility of the İslâmic legal tradition without resorting to external ideological frameworks.