The Fuqahaa have divided in respect to the adoption or utilisation of Al-Masaalih Al-Mursalah into three groups:

1 – A group that does not see any Maslahah outside of the Nusoos As-Sharee’ah and these are those who deny Qiyaas. They therefore assert that there is no Maslahah except for what the text has brought and that we do not seek a Hukm from other than that.

2 – The second group seeks the Masaalih from the texts and so they make analogy with every subject in which the Maslahah is realised upon the subject that has a text including the Maslahah. It would take the same Hukm of the Maslahah mentioned within the text. They therefore do not look to the Maslahah unless it has a proof for it from a Daleel Shar’iy Khaass (specific). They consider the regulators in which this Maslahah is realised in most cases to be an ‘Illah of Al-Qiyaas.

3 – The third group view that the Masaalih Al-Mursalah are the Masaalih that are in line with the Maqaasid of the Shaari’ and do not have a specific origin in terms of consideration or cancellation (Al-Ilghaa). If there was a specific origin evidenced, then it would enter within the generalness of Al-Qiyaas and if there was a specific origin evidenced with Al-Ilghaa’ (cancellation), then it (the Maslahah) would be Baatil (invalid) and considered to be from the Masaalih Al-Mulghaah (Cancelled out interests) and taking them would be in violation and contrary to the Maqaasid of the Sharee’ah.

Al-Imaam Maalik was the main flag bearer in respect to taking and utilising Al-Masaalih Al-Mursalah and he stipulated four conditions (Shuroot) for it to be employed or referred to: