أثر مقاصد الشريعة في المنظومة الفقهية للعلاقات مع غير المسلمين: دراسة استقرائية تحليلية

Abstract

Jurisprudence rulings have been influenced, in whole or in part, by maqāṣid al-Sharī’ah. The research revealing its impact on the jurisprudence of jurists in the provisions of international relations opens the researcher a wide window through which he looks at the extent of the influence of international Islamic jurisprudence. This research aims at the extent to which Islamic legislative thought has benefited from maqāṣid al-Sharī’ah in international jurisprudence in general and in cases whose provisions change according to the requirements of conditions, and to what extent contemporary ijtihad has benefited from the efforts of the ancients in this field. The article was preceded by several studies. This research reviews the branches of jurisprudence related to the five major maqāṣid analytically, as it presents the intended material in which the jurists justified the international rulings, indicating the aspect of deliberate ijtihad in them. The research concluded that the Islamic state is an intellectual state closely related to divine justice, and the true ruler in it is God Almighty, and the ruler represents the nation in the application of Islamic law. The state is to preserve the five universal principles known as necessities, and the Sharia has preserved these principles in the chapter on the relationship of Muslims with others through their realization, creation and preservation. The preservation of these basic rights of individuals under Islamic rule is clear evidence of its just human social order.