Lego-Political System in Islamic Law and its Ahkām in the Light of Maqāsid -e- Sharī‘ah (A Historical Jurisprudential Approach)

Abstract

This study will investigate the term, political system in Islam and will examine and scrutinize the word ‘Umma’ as understood by the contemporary scholars, and the question as how the word ‘Umma’ differs from the western concept of the word ‘state’ in number of ways. This article will provide an evolving history of the Maqāsid Al-Sharī‘ah, its development and revivification by the Islamic scholars. The contribution of Imām Al-Ghazālī, Imām Al-Shatibi and Imām Ibn Ashur and the role of contemporary scholars especially, Mashood Baderin, Tariq Ramadan and Mohammad Hashim Kamali. It will analyze the values of the democratic government and compare and contrast them with the objectives of the Sharī‘ah  in light of Maqāsid. Deliberation will be made, herein, on the essentials of democratic state as pointed out by Ahlmark, Ray and Murat Cizakca and whether any Muslim country fulfill these conditions and whether, Muslims need a state. Qardāwī view on democracy is important to discuss, and what is the significance of Maqāsid Al-Sharī‘ah  in contemporary era will be discussed. It will further analyze to see what is the current situation in Muslim states and what does Human Development Index report say.