CONCEIVING THE ROLE OF AL-MASLAHA AL-MURSALAH IN THE CONTEMPORARY POLITICAL MODELS: ŪRĀ AND DEMOCRATIC SYSTEM OF GOVERNANCE IN FOCUS
It is a common problem, particularly in countries
contending with intersection of multiculturalism, multiethnicity and legal pluralism that Sharia has being reduced
to rules of law, devoid of institutional systems of analysis
and application, and dribbled in a post-colonial quest for
identity. Without doubt, Sharia has been configured in a
form that limits the extent of substantive change and
adaptation especially in politics and governance. It is
against this background that this paper seeks to argue that
Sharia needs to redeem its status by invoking the
institutional structure to give its doctrine substance and
meaningful force. It is with this mind-set that the paper
picked one of these principles ‘ mursalah’ while
qualitatively investigating its role in the contemporary
period to see whether it can be used as a tool to achieve
Sharia objectives particularly within the so-called
democratic systems of governance in comparison with the
ūrā system that is already known to Sharia.
Consequently, the paper revealed that subject to some
conditions and qualifiers, is a very
important principle sanctioned by the majority of jurists to
admit several political institutions when compared and
contrasted with ūrā system. However, it is recommended
that this principle cannot be easily applied until conscious
begin to resolve to develop or form in their mind a
critical thinking of influencing every political mode and
institutional structure one finds himself with the Sharia
doctrines and flexibilities.It is a common problem, particularly in countries
contending with intersection of multiculturalism, multiethnicity and legal pluralism that Sharia has being reduced
to rules of law, devoid of institutional systems of analysis
and application, and dribbled in a post-colonial quest for
identity. Without doubt, Sharia has been configured in a
form that limits the extent of substantive change and
adaptation especially in politics and governance. It is
against this background that this paper seeks to argue that
Sharia needs to redeem its status by invoking the
institutional structure to give its doctrine substance and
meaningful force. It is with this mind-set that the paper
picked one of these principles ‘ mursalah’ while
qualitatively investigating its role in the contemporary
period to see whether it can be used as a tool to achieve
Sharia objectives particularly within the so-called
democratic systems of governance in comparison with the
shūrā system that is already known to Sharia.
Consequently, the paper revealed that subject to some
conditions and qualifiers, is a very
important principle sanctioned by the majority of jurists to
admit several political institutions when compared and
contrasted with shūrā system. However, it is recommended
that this principle cannot be easily applied until conscious
begin to resolve to develop or form in their mind a
critical thinking of influencing every political mode and
institutional structure one finds himself with the Sharia
doctrines and flexibilities.
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