مصالح مرسلہ سے استدلال:مذاہب فقہیہ کے تناظر میں تجزیاتی مطالعہ

Shariah Rulling from Masaleh Mursala:An Analytical Study in the Perspectives of Different Schools of Thought

Abstract

This research paper studies  "Masaleh Mursalah" (Unrestricted Public Interests), is an important juristic concept, which jurists consider one of the secondary sources of Islamic Shariah. The purpose of this dissertation is to examine the concept of "Masaleh Mursalah" in the light jurists' opinions. Accordingly, the discussion is divided into the following key points: Introduction to Sharia ‘Masaleh,،Types of Masaleh, Factors influencing the consideration of public interests and Arguments based on Masaleh Mursalah. Qualitative method of research has been employed in this research. After brief literature review and study on above mention topic, it has shown that all jurisprudential schools argue from “Masaleh Mursalah”, using different terms and names, indicates its universal acceptance. There is a pressing need to explore solutions to contemporary issues by utilizing "maslahah mursalah" in order to align Islamic jurisprudence with current realities.