Legislation of Laws and Regulations within the General Framework of Muslim Interests

Abstract

Abstract:

This study examines the authority of the ruler to enact laws and regulations that govern the interests of Muslims, particularly when such regulations pertain to legal matters—such as restricting what is permissible (mubaḥ) or resolving recognized juristic disagreement by mandating adherence to a specific opinion. After examining the various scholarly views, counterarguments, and objections, the researcher concludes that such legislation is permissible in all cases, provided it adheres to binding Shariah-based criteria. The study is structured into an introduction and three main sections. The introduction defines key terms used throughout the research and includes two subsections: the first introduces the terms found in the title, and the second clarifies other important terms appearing in the paper. The first section discusses the enactment of laws and regulations and the obligation to adhere to them. It comprises two subsections: one presenting scholarly opinions on legislation within the framework of Muslim interests, and another addressing the ruling on enforcing the laws and regulations enacted by the ruler. The second section outlines the conditions and Sharīʿah constraints governing the legislation of such laws. The third section compares legislation in Islamic law with that in English law.