The Jurisprudential Objective of Terminating Litigation (Maqsad Qat' al-Niza') in the Maliki School

Abstract

"The Maliki school paid meticulous attention to both the universal (kully) and particular (juz'i) objectives of Islamic Law (Maqasid al-Shariah). It consistently accounted for the objective of terminating litigation (maqsad qat' al-niza') across numerous legal scenarios, drawing upon the foundational sources and maxims of Sharia to establish social peace, avert systemic harms (daft' al-mafasid), and secure public benefits (jalb al-masalih) in alignment with legal parameters.

Within the taxonomy of objectives based on public interest (al-masalih), the objective of resolving disputes may elevate to the rank of 'Essential Necessities' (al-daruriyyat) due to the severe risks of neglecting it and the profound utility of realizing it. Even when classified under 'Complementary Needs' (al-hajiyyat)—and it ranks no lower than that—need-based objectives serve to eliminate hardship and stricture (raf' al-haraj wa al-masyaqah). Thus, extinguishing disputes through legitimate means averts multifaceted harms and secures paramount interests.

Furthermore, the Maliki school exercises extreme precaution against the onset of litigation, adopting all preventive measures to eliminate its root causes prior to its occurrence through established mechanisms of conflict resolution. The school considers the lingering of disputes between the rightful party (al-muhiqq) and the liable party (al-mahquq) a catalyst for corruption and instability that undermines Islamic brotherhood; hence, it deems the expeditious termination of litigation a core objective that safeguards the ultimate well-being of the Muslim community (ummah)."