معاصر مسلم ریاستی قوانین کی تشکیل میں مقاصد شریعت اور تلفیق کا کردار: ایک تجزیاتی مطالعہ

The Role of Maqāṣid al-Sharī‘ah and Talfīq in the Process of Legislation in the Contemporary Muslim States: An Analysis

Abstract

In Islamic polity, the Qur’ān and Sunnah work as primary sources of guidance for the state and government. It is perhaps due to this reason that in the early period of the Islamic state no need was felt for any kind of legislation or codification to run the affairs of the state. Later on, the prevalent schools of legal thought gradually became the source of law in different areas of the empire. In the eastern parts, Ḥanafī School was recognized as a source of law, while in the western parts Mālikī School held this position. In the sixteenth century, King Saleem I officially declared Ḥanafī fiqh as the state law of the Ottoman Empire. However, in the nineteenth century, when most of the parts of the Muslim world came under the control of colonial powers, Muslim legal thought many problems. These problems, it was believed, could not be addressed properly while remaining within the boundaries of a particular school of thought. When the process of decolonization started and several Muslim states gained independence, they relied heavily on Maqāṣid al-sharī‘ah and talfīq while introducing legislation in their domains. This paper attempts to analyze the impact of these two factors in the processes of legislation in contemporary Muslim states.