Appraising Al-Maslahah Al- Mursalah As A Source Of Islamic Law In Judicial Proceedings Under The Maliki Law
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Description
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Abstract
Al Maslahah al mursala is a Maslahah which is neither acknowledged nor rejected by the Law Giver.
It is called (Mursalah) that is absolute or free from any restriction because it is not qualified or based on a specific Nass. al-Maslahah al-Mursalah can also be any benefit which can be inferred from the five purposes of Islamic Law.
But they are neither directly acknowledged nor rejected by the Law Giver al-Maslah al-Mursalah is one of the sources of Islamic law recognized and applied by the Maliki School of law.
Some Muslim jurists do not recognize al-Maslah al-Mursalah as a source of Islamic law that is why it is categorized as one of the disputed source of Islamic law.
Introduction
Al-Maslahah al-Mursalah is a method employed by the jurists and Islamic scholars in dealing with new issue (al-waqi‟ah) not sanctioned by Allah or His Apostle on its face value, while at the sametime not indicating that such an issue is unacceptable in the context of the Shari‟ah
Al-Maslahah al-Mursalah as a legal concept is also known as al- istislah, that is, public interest or social welfare, which has been decided upon so as to serve the public interest or social welfare of the Muslim Ummah.
As an important principle of the Shari‟ah, al-Maslahah al-Mursalah is capable of legitimizing new developments thoughts and institutions, the adoption of which is designed to promote the public interest and the welfare of the Muslim Ummah by securing for them some advantages and averting injury from them.3
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