APPRAISING Al-MASLAHAH AL- MURSALAH AS A SOURCE OF ISLAMIC LAW IN JUDICIAL PROCEEDINGS UNDER THE MALIKI LAW
- Project Research
- 1-5 Chapters
- Abstract : Available
- Table of Content: Available
- Reference Style: FOOTNOTE / ENDNOTE
- Recommended for : Student Researchers
- NGN 3000
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. The Maliki school is the leading jurists in terms of the application of al-Maslah al-Mursalah, .This research work examines al-Maslah al-Mursalah as a source of Islamic law, position of al-Maslah al-Mursalah in Nigerian Legal System, Extent of powers of the Shari‟ah court judges to practice Ijtihad while applying al-Maslah al-Mursalah and practical examples of the application of al-Maslah al-Mursalah in judicial proceedings was discussed in this research, it was observed that the Sahabah , the Tabi‟un and their followers applied al-Maslahah al-Mursalah in most of their Fatawa and adjudication due to its importance in dealing with new issues that might have come during their time, though they did not give it the nomenclature “al-Maslah al-Mursalah” but a careful look at what they did clearly shows that their verdicts were based on the concept known today as al-Maslahah al-Mursalah..It was also observed that the suspension of hadd punishment for theft by caliph Umar due to femine based on Maslaha gives rise to the development of somany principles of Islamic law such as Aldharurat tabihu It was recommended that the present Ulama should imitate the Sahabah , the Tabi‟un and their followers in basing their fatawa on matters that are not specifically sanctioned or covered by a specific Nass by applying the Al-Maslahah al-Mursalah It is also recommended that the judges should use Maslaha Murdala to develop ptinciple of Islamiclaw that will take care of the emergine issues that are brought before them.
Related Project Materials
THE EFFECT OF E-TAXATION ON GOVERNMENT REVENUE IN NIGERIA
ABSTRACT
Nigeria introduced e-tax to aid effective taxation of some online businesses. This study evaluates E- TAX reve...
THE IMPACT OF EARLY CHILDHOOD EDUCATION ON CREATIVE EXPRESSION
ABSTRACT: The study investigated the impact of early childhood education o...
IMPACT OF COOPERATIVE LEARNING STRATEGY ON PROCESS SKILLS ACQUISITION AND PERFORMANCE IN CHEMISTRY AMONG SECONDARY SCHOOL STUDENTS, ZARIA KADUNA STATE, NIGERIA
ABSTRACT
This study investigated the impact of cooperative learning strategy on process skills acquisition and performance in chemistry a...
A STUDY OF INNOVATIONS IN INTEGRATING STEM EDUCATION INTO VOCATIONAL PROGRAMS
ABSTRACT: Innovations in Integrating STEM Education into Vocational Programs are vital for preparing students for the demands of modern indust...
DESIGN AND IMPLEMENTATION OF FACE DETECTION AND RECOGNITION SYSTEM
INTRODUCTION
Face recognition system is an application for identifying someone from image or videos. Face recognition is...
THE SIGNIFICANCE OF ACCOUNTING STANDARD IN THE PREPARATION OF FINANCIAL STATEMENT OF AN ORGANIZATION
ABSTRACT
Research project examined the significance of accounting standard (SAS) in the preparation of financial stateme...
UNDERSTANDING THE EVOLUTION OF TRAGIC HEROS WITH A COMPARATIVE ANALYSIS OF THE MODERN TRAGIC HEROS WITH THE ARISTOTELIAN TRAGIC HERO
ABSTRACT
The Tragic Hero mis a special protagonist that has been a powerful teaching tool for writers. This is clear because such charact...
PROSPECT AND CHALLENGES OF ENTREPRENEURSHIP IN NIGERIA ECONOMY
ABSTRACT
The research work was based on prospect and challenges of entrepreneurship in Nigeria economy.
The pu...
IMPACT OF NPOWER PROGRAMME ON YOUTH EMPOERMENT IN NIGERIA
Abstract
This research examined N-power programme as a veritable tool for youth empowerment in Nigeria. As the nat...
ANALYSIS OF FACTORS INFLUENCING PRIVATE REAL ESTATE DEVELOPMENTS IN THE PERI-URBAN AREAS OF BIDA, NIGER STATE
ABSTRACT
Peri-urban is the transition zone between well organized, recognized urban land uses and areas devoted to agriculture. The study...
