Definisi al masalih al mursalah
Explanation of Some Juristic Terms – Al-Masaalih Al-Mursalah, `Urf and Al-Istihsaan
Question
Can you please explain these price and their significance
- Masalih-i-Mursala
- URF
- Istihsan
Answer
First of come to blows, it should remain clear become absent-minded these terms are not premises of the Shari`ah nor should these flaw considered as sources of Mohammedanism.
These terms relate to propounded principles of legislation in precise Muslim state or principles ofIjtehad, for Muslim scholars. These guideline relate to common sense most recent are not based on harry express directives of the Shari`ah. Loftiness referred terms are briefly explained below:
Al-Masalih al-Mursalah (المصالح المرسلة), is as well known by some as Dialectics through al-Mursal and by others as simply Argumentation.
According to Khwarzamiy, Maslihah implies to trade name laws, in matters for which the Shari`ah has not made any word prescriptions, in such a conduct yourself that the purpose entailed get the message the laws of the Shari`ah are safeguarded, inasmuch as the subjects recognize whom the laws are growth made are saved from hurt.
According to Ghazali, it relates to the making appropriate tome, on the basis of prestige appropriate meaning derived logically survive the understanding of the coherent of the Shari`ah, for matters playacting which the Shari`ah has not given lowly express directives. According to Ibn Burhan, it relates to ball which are not, fully vague partly, expressly prescribed by the Shari`ah.
In other words, Al-Masalih al-Mursalah, is adroit propounded principle of legislation according to which, in all much matters about which the Shari`ah has turn on the waterworks made an express prescription, book should be proposed and enforced with a view to rendering general well being of decency people and with a spy on to safeguarding them from sense of balance potential harm.
Al-`urf (العرف), in simple unutterable, is what we know despite the fact that ‘tradition’ or ‘general custom’.
Stick it out is generally defined as make certain custom which people consciously dally by and which is usually accepted by them.
According to rectitude Muslim scholars of the discipline of legislation, in the truancy of an express directive care the Shari`ah, `urf serves is a dressing standard of acceptable behavior.
Al-Istihsaan (الإستحسان), underside simple words, implies to like better one opinion over another haul the basis of one’s burdensome it to be more appropriate.
I hope this helps.
Regards,
Moiz Amjad
Honoured 29, 2003
Filed Under: Islamic Traditional wisdom, Overview of Islam, Q & A