We have previously mentioned a number of examples of the use of Al-Masaalih Al-Mursalah by those who regard it as a Hujjah previously and we will now present other examples to add to them: Example:

Al-Maalikiyah provided the verdict that it is permissible to appoint the best from the non-Mujtahideen as a Khalifah if there is no Mujtahid in addition to the permissibility to appoint a Khalifah when there is someone better or more merit than him present. That is because it is from the Maslahah of the Muslims for them to have a Khalifah for them and because the absence of a Khalifah leads to a Mafsadah.

Example:

They permitted the Shahaadah (testimony) of the boys against each other in respect to injuries (Jaraahaat) and that is due to the Maslahah. That is because, normally, no one other than them witnesses their playing together. This is even if the Shart (condition) of Buloogh (maturity) is not met in them as that is from amongst the conditions of ‘Adaalah (justness) in respect to the Shaahid (witness).

Example:

Ahmad Bin Hanbal (rh) gave the verdict of banishing the people of Fasaad (corruption) to a land which is secure or safe from their evil and that is due to the Maslahah and Dar‘u-l-Mafsadah (repelling the harm or detrimental matter).

Example:

And he permitted specifying some of the children (to the exclusion of others) for gifts for a specific Maslahah like if for instance he was sick, in need, a parent of children or student of knowledge.