المصلحة المرسلة في المذهب المالكي و أثرها في المستجدات المالية المعاصرة بين التسيب و الانضباط

الملخص EN

To wrap up what Maliki school has achieved concerning the objectives of sharia law, I can simply say that it was more interested In Al maslaha Almursala (unspecified public interest) either theoretically or in practice [unlike the other doctrines or schools which disregarded this principle].

Thanks to this principle (Al maslaha Al mursala) and other principles, scholars were able to keep up with new issues, especially financial transactions.

Also, the examples this research paper tackles show the significance of the evidence concerning the orientation of the scholars verdicts and opinions as well as the ability to solve the contemporary financial issues.

Considering the importance of this principle nowadays, contemporary scholars, unlike that of their pioneers, have agreed that this principle serves both as evidence and a key to the new judicial issues especially in financial transactions.

yet there is a difference regarding the rules as well as the functionality of Al maslaha Al mursala for it is considered to be one of the hardest paths of diligence.

It is worth mentioning though that the contemporary financial applications tackled in this paper such as diminishing Musharakah and securitization reveals the method of the contemporary scholars which invests this principle in the financial issues, the potential problems in the argumentation as well as keeping up with the financial updates.