CHAPTER ONE GENERAL INTRODUCTION
Background of the study
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‟ah1
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 Ummah2
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 The Maqasid is the plural form of maqsid which means the (intentds or purposes of al-Shari‟a) which is to ensure the well being of Mankind, In other words, Maqsid comes to promote public interest and social welfare of the Muslim community by providing anything beneficial to them, keeping them in a good state of affairs, and protecting them against any harmful or injurious situation or event.4
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