Al-Maslaha Al-Mursalah (Absolute legitimate Interest) in Ibadi sect and its contemporary applications, Insurance Contract and Copyrights as models

المصلحة المرسلة في المذهب الإباضي وتطبيقاتها المعاصرة، عقد التأمين وحقوق المؤلف نموذجا

Abstract

This research aims to clarify the position of Ibadhi sect regarding absolute interest (Al-Maslaha Al-Mursalah) with some jurisprudential applications. The researchers have used inductive, descriptive, analytical, critical and comparative methods. It contained five axes, that address the concept of interest in Ibadi sect, its authenticity, its standards, and a couple of applications which are the obligation of the insurance contract, and the protection of copyright rights. The research has reached to several results, the most important of which are: The absolute interest is a significant evidence in the Ibadhi doctrine, although this term was not used by scholars of the first three centuries. In order to confirm the argumentation of the absolute interest, the researchers have used the Sunnah, extrapolation of Sharia texts and its rulings, and consensus. A State, individuals, and institutions are obligated with the insurance contract, and the dealing with copyright within the absolute interest.