Istislah

'to deem proper') is a method employed by Islamic jurists to solve problems that find no clear answer in sacred religious texts.

[1] Extratextual pragmatic considerations are commonly accepted in Islamic jurisprudence concerning areas where the Qur'an and the practices of the earliest Muslim generations (Salaf) provide no specific guidance.

The legal concepts of Istislah and Maslaha attained significant attention in the works of the 20th century Sunni jurist Muḥammad Rashīd Riḍā (d. 1354 A.H/ 1935 C.E), who considered the "no harm no retribution" hadith to be an important textual principle.

Citing the Andalusian Malikite jurist Al-Shatibi (d. 790 A.H/ 1388 C.E), Rida elaborated Maslaha as a "basic principle" in legal derivation and distinguished affairs into issues of 'Ibadat (rituals) and Mu'amalat (transactions).

In Egypt, this approach has been backed by the Supreme Constitutional Court, which has ratified equitable measures benefiting women even where these seemingly conflict with principles of classical Shari'ah.