CONCEIVING THE ROLE OF AL-MASLAHA AL-MURSALAH IN THE CONTEMPORARY POLITICAL MODELS: ŪRĀ AND DEMOCRATIC SYSTEM OF GOVERNANCE IN FOCUS
It is a common problem, particularly in countries 
contending with intersection of multiculturalism, multiethnicity and legal pluralism that Sharia has being reduced 
to rules of law, devoid of institutional systems of analysis 
and application, and dribbled in a post-colonial quest for 
identity. Without doubt, Sharia has been configured in a 
form that limits the extent of substantive change and 
adaptation especially in politics and governance. It is 
against this background that this paper seeks to argue that 
Sharia needs to redeem its status by invoking the 
institutional structure to give its doctrine substance and 
meaningful force. It is with this mind-set that the paper 
picked one of these principles ‘ mursalah’ while 
qualitatively investigating its role in the contemporary 
period to see whether it can be used as a tool to achieve 
Sharia objectives particularly within the so-called 
democratic systems of governance in comparison with the 
ūrā system that is already known to Sharia. 
Consequently, the paper revealed that subject to some 
conditions and qualifiers, is a very 
important principle sanctioned by the majority of jurists to 
admit several political institutions when compared and 
contrasted with ūrā system. However, it is recommended 
that this principle cannot be easily applied until conscious 
 begin to resolve to develop or form in their mind a 
critical thinking of influencing every political mode and 
institutional structure one finds himself with the Sharia 
doctrines and flexibilities.It is a common problem, particularly in countries 
contending with intersection of multiculturalism, multiethnicity and legal pluralism that Sharia has being reduced 
to rules of law, devoid of institutional systems of analysis 
and application, and dribbled in a post-colonial quest for 
identity. Without doubt, Sharia has been configured in a 
form that limits the extent of substantive change and 
adaptation especially in politics and governance. It is 
against this background that this paper seeks to argue that 
Sharia needs to redeem its status by invoking the 
institutional structure to give its doctrine substance and 
meaningful force. It is with this mind-set that the paper 
picked one of these principles ‘ mursalah’ while 
qualitatively investigating its role in the contemporary 
period to see whether it can be used as a tool to achieve 
Sharia objectives particularly within the so-called 
democratic systems of governance in comparison with the 
shūrā system that is already known to Sharia. 
Consequently, the paper revealed that subject to some 
conditions and qualifiers, is a very 
important principle sanctioned by the majority of jurists to 
admit several political institutions when compared and 
contrasted with shūrā system. However, it is recommended 
that this principle cannot be easily applied until conscious 
 begin to resolve to develop or form in their mind a 
critical thinking of influencing every political mode and 
institutional structure one finds himself with the Sharia 
doctrines and flexibilities.
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