Intergenerational Justice in Light of Public Interest: A Legal Approach to Sustainable Governance and Equitable Policy-Making

Document Type : Original Article

Authors

1 Department of Public Law, CT.C., Islamic Azad University, Tehran, Iran.

2 Department of Public Law, CT.C., Islamic Azad University, Tehran, Iran

Abstract

Intergenerational justice, as a cornerstone of sustainable governance, necessitates a framework capable of comprehending the inherent dynamism of future-oriented issues and managing conflicts of interest between generations. This study aims to analyze the potential of the principle of "Maslahah" (public interest) in Islamic jurisprudence—as a formulation of "practical wisdom"—to develop an innovative framework for achieving intergenerational justice. The central research question is whether Maslahah, with its rational, teleological, and disciplined characteristics, can be understood as another form of the practical wisdom underlying public law, capable of overcoming the limitations of dominant legal paradigms. The research hypothesis is based on the affirmative nature of this answer and Maslahah's capacity to manage generational conflicts. Findings from this study—obtained through descriptive-analytical methods and comparative analysis of international experiences—indicate that Maslahah, by combining Islamic foundations with scientific indicators, can serve as an effective tool for achieving distributive and intergenerational justice. Furthermore, its institutionalization through transparent evaluation mechanisms and precise metrics can transform Maslahah from a subjective concept into an objective criterion, thereby preventing short-term interests from dominating long-term benefits. This study represents a significant step toward reviving practical wisdom in governance and integrating Islamic teachings with modern governance to achieve balanced and equitable development.

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Articles in Press, Accepted Manuscript
Available Online from 17 September 2025
  • Receive Date: 28 June 2025
  • Revise Date: 31 August 2025
  • Accept Date: 17 September 2025