Weighing the Objectives of Shari’ah in Islamic Legal Political Issues

Abstract

This research tackles the meaning of the terms "objectives of Sharia" and "Islamic Legal Politics." It clarifies the relationship between these two concepts by grounding Islamic Legal Politics in light of the objectives of Sharia, as evidenced by texts from Quran, Sunnah, and the practices of the Rightly Guided Caliphs. The study also shed light on the impact of weighting these objectives in issues of Islamic politics by examining scholars' opinions on various matters related to three main political topics: leadership, state financial affairs and international relations, by revealing the weighting aspects of objectives on these mentioned issues.

The study aims to highlight the role of the Objectives of Sharia in guiding and regulating Islamic Legal politics and to illustrate the effects of prioritizing these objectives through practical examples that reflect scholars' weighing based on objectives.

The research concludes with several findings, the most significant of which is that the objectives of Sharia play a crucial role in determining preference when conflicting opinions arise in Islamic legal politics. In such cases, preference is given based on the preservation of higher necessities, even if it requires sacrificing lesser ones — for example, using public funds to ransom captives from non-believers. Moreover, the objectives of Sharia serve as a reference framework for tackling and ruling on contemporary issues that affect the Islamic state, both internally and externally, in a way that promotes the interests of Muslims.

Eventually, the researcher recommends exploring the criteria for prioritizing the Objectives of Sharia (Maqasid al-Sharia) in Islamic legal politics. This can be pursued through an inductive study of specific scholars, such as Al-Juwayni, or more broadly through the diverse scholarly heritage and fatwas addressing the issues and developments facing the Muslim Nation