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Legal Reasoning with Maslahah - Part 2

3. Unrestricted  Maslahah  ( al-Mursal ):  This is a proper and harmonious attribute which is neither accredited ( mu c tabaran ) nor discredited ( mulgha ) and based upon this definition is not espoused by anyone. Rather, it is rejected unanimously. Any scholar who has discussed the  Maslahah Mursalah  based upon this meaning has rejected it. Those who permit the use of  Maslahah Mursalah  did not intend that it not be acceptable unrestrictedly. They only intended to state that no ruling could indicate to it as a category in itself although a ruling does indicate to its type. Therefore,  maslahah mursalah  according to those who espouse it is a species of the  maslaha mu c tabarah , which does not have any specific ruling indicating to it as a category in itself.             Fakhr al-Din al-Razi (who is a proponent of  maslahah mursalah ) states in his book  al-Mahsul : “The suitability that is neither compatible nor has an indication from a specific source ( asl ) is rejected by co