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People are in great need for fiqh al-muwazanat [the jurisprudence of balancing [costs and benefits], especially in this age when matters are frequently mixed together, and benefits and harms and good and evil are confused for each other so much so that it has become difficult to find clear good or clear evil. The fiqh of siyasah shar'iyyah [jurisprudence of shari'ah-oriented policy] is one that is in the most dire need for fiqh al-muwazanat as in many instances, the ruler finds himself before two choices, the best of which is bitter. In all too many cases, he finds that interests are at odds with each other, evils are at odds with each other, and that benefits and harms conflict with each other. What is he to do in the face of such conflict? To which should he give precedence and what is the basis of preponderance? When interests conflict, high interests take precedence over low interests and personal interests are sacrificed in favor of public interests. In a case when the choice is between two evils or harms, the lesser harm is accepted to avoid the greater harm. In addition, if harm and good conflict, the established principle is to weigh the impact and scope of each against each other. Slight harm is condoned to gain great benefit. Temporary harm is condoned to gain a permanent or long-term benefit. A harm—no matter its size—is acceptable if its elimination will result in greater harm. In common situations, warding off harm takes precedence over procuring a benefit. The paper comprises an introduction, four topics of discussion and a conclusion. The introduction discusses the need for fiqh al-muwazanat. The first topic introduces Umar [may God be pleased with him]. The second topic defines fiqh al-muwazanat, the evidences for its permissibility, and the need for it. The third topic discusses Umar's jurisprudential aptitude. The fourth topic presents practical examples of Umar's implementation of fiqh al-muwazanat. The conclusion comprises the results reached.
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