The Notion of Balwā al-Ām (Public Affliction) and its Implementation in Islamic Law

Abstract

Providing easiness for servants is one of the principles of Islamic jurisprudence and Muslim jurists resort to it whenever literal applications of Islamic rulings cause hardships and difficulty. Providing benefits for people and protecting them from harm them is one of the higher objectives of Islam, and jurists have tried to actualize this in their ijtihāds through various methods. Balwā al-ām is an Islamic concept which refers to public affliction that is encountered often in society and is therefore difficult to avoid. Muslim jurists take balwā al-ām into consideration when producing legal verdicts to secure benefits and avoid harm. In this essay, balwā al-ām and its relevance to other juristic concepts such as istiḫsān, maslaḫah mursala, sadd aldharā‟ī and istihlāk will be discussed. Additionally, some contemporary issues will be explained using practical examples from the daily life of Muslims to indicate how balwā al-ām can be used to remove difficulty and hardship from Muslims.