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Al Maslaha Al Mursala and its applications in sharia's plolicy

2015
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Advisor: Prof. Dr. Mesut Erdal

Abstract (EN)

In this research that topic concerned with two sections of the Sharia. These two sections are very important and every seeker of knowledge take them in consideration. They are Islamic (Sharia) policy, and principles of jurisprudence.I shed light on one of the highly needed topic for Islamic nation which is Al Maslaha Al Mursala and its Applications in Sharia's Poloc. Particularly nowadays where seditions have been multiplied, countries have been dispersed, blood has been sheded, and cults become numerous and every group claims that it has the absolute right but it is as the Arabic poet says: "and everyone claims linkage or closenss with Leyla…and Leyla doesn't acknowledge that ".I have started this paper by chapter which deals with the common or public interest, its parts, and how the Islamic sharia pays attention to it. Then I clarified that Islam with no doubt came in for the happiness of humanity, and for the sake of it be it in this world or in the Hereafter.In the second chapter, I talked about Al Maslaha Al Mursala (unrestricted interest), the difference between it and the public interest, and how the scholars in the past were disagreeing in using it as evidence where I showed the rightness of those who were using it as evidence in evaluating, comparing , and giving their verdict and opinion in a given matter. Also I quoted from the books of the Four Madhhabs using Al Maslaha Al Mursala as evidence, and its consideration and its use as a prove in matters before the establishment of Madhhabs when it was used by the predecessors of the nation such as the companions and the followers.The third chapter deals with the use the companions, the followers, and their followers to Al Maslaha Al Mursala in the Sharia's policy. I mentioned examples of that starting from the period of the Khalifa Abu Bakir to the fifth Khalifa Omar Ibn Abdul-Aziz when I mentioned their use of Al Maslah Al Mursala and how they applied it in the section of policies and section of Fatawi which related to the political issue of the Umma. The fourth chapter deals with some issues related contemporary policy, particular what is related to the president, the change, and the Shura. I have showed the relationship of Al Maslaha Al Mursala with that. In the conclusion, I have mentioned some conclusions which I have deduced throughout this research. The most important one is that the guarantee of the continuation of our policies, and its linking to our religion is to pay attention to the interests (Al Maslaha) and to link our matters to it. Key Words: Al Maslaha (the interest) Al Mursala (unrestrited), The principles of jurisprudence, The Sharia's policy, the companions, and the followers.

Author

Mohamed Mahmoud Abdelkader

How to Cite

Mohamed Mahmoud Abdelkader (Master Thesis). Al Maslaha Al Mursala and its applications in sharia's plolicy, 2015, Gaziantep University.

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