The Jurisprudential Rule of “The Prohibition and Invalidity of What Necessarily Entails Corruption (Mafsada)”

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Farahnak Alireza

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Journal Paper

Paper Information

Journal: FIQH Year:2025 | Volume:32 | Issue:4 (پیاپی 124) Page(s): 163-190

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Title

The Jurisprudential Rule of “The Prohibition and Invalidity of What Necessarily Entails Corruption (Mafsada)”

Author(s)

Farahnak Alireza | Issue Writer Certificate

Keywords

Entailment of corruption

conflict of corruption

forbidden prerequisite

blocking the means

cause of the forbidden

Abstract

One of the jurisprudential rules that permeates various areas of Islamic jurisprudence and by means of which an initial ruling may be altered is the rule of “the prohibition and invalidity of what necessarily entails corruption (mafsada).” Despite its application in the process of legal inference across different chapters of jurisprudence, this rule—like some others—has been deprived of independent examination and even of being formally recognized as a distinct jurisprudential rule. The present study, employing a descriptive–analytical method and drawing on library sources, seeks, as an albeit preliminary effort, first to present the historical background of this rule in Imamiya jurisprudence and to explain the lexical and jurisprudential meanings of mafsada; second, to establish its status as a jurisprudential rule through various forms of evidence, both textual (lafzi) and rational (labbi); third, to clarify its scope by outlining the conditions and criteria for its application; and fourth, to present some of its applications—both governmental and non-governmental—which are largely derived from an examination of Imamiya jurisprudential texts. According to this rule, permissibility—whether in a prescriptive sense (permissibility in the broad sense) or in a declaratory sense (validity and enforceability)—is transformed into prescriptive prohibition and declaratory prohibition (invalidity) whenever it entails a binding or decisive corruption (mafsada mulzima). A key element of this study is the clarification of the concept of mafsada and its various dimensions, including: whether actual occurrence of corruption is required or not; whether certainty regarding corruption is necessary; whether corruption is general or individual in nature; the applicability of the rule to omissions as well as actions; the inclusion of corruption affecting the agent, others, or both; the authority responsible for determining corruption; the resolution of conflicts between an existing benefit and an anticipated corruption; and the relationship between corruption, harm, and sin. This rule is particularly applicable in various domains of governance, including legislation and executive decision-making, and its observance can prevent the emergence of numerous forms of disorder. In comparison with related concepts and rules such as “the effective prerequisite (muqaddima mawṣila),” “the forbidden prerequisite (muqaddima ḥarām),” “blocking the means (sadd al-dharā’i‘),” and “the cause of the forbidden is itself forbidden (sabab al-ḥarām ḥarām),” this rule has been treated differently both theoretically and practically.

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