The Relationship between The Maqasidic (Higher Purposes of Shari’ah) Approach and Siyar (Foreign Policy of the Islamic State)

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Keywords: dar al Islam, dar al harb, juridical rulings, maqasid of shari’ah, maqasidic approach, moral order, siyar, al Tawhid (Divine Unity)

Abstract

Wahabuddin Ra’ees[1]

Abstract:

Classical jurists have rigorously studied siyar (the foreign policy of the Islamic state), describing the nature of the principles and norms that influenced the formulation of siyar. On the basis of these principles and norms, the jurists formulated rulings to describe the nature of the relationship of the Islamic state with others. This study examines the relationship between the principles and norms that influenced siyar and the maqasid approach (higher purposes) of shari’ah. This study first presents a conceptual analysis of siyar. Second, it discusses the approach of maqasid of shari’ah. Third, it explores selected juridical rulings that describe the nature of siyar. Fourth, this study, building on an analysis of selected juridical rulings, suggests that siyar was guided by some general principles and norms. Finally, the study examines the relationship between the principles that governed siyar and the approach of maqasid of shari’ah. The study concludes that the aim of both siyar and maqasid of sharia’h was/is to establish a moral order. The genesis of this positive relationship between the maqasid of shari’ah and the principles and norms that guided siyar is found in the unity of the source of knowledge or the principle of Divine Unity (al Tawhid).

 

[1]      Dr. Wahabuddin Ra’ees is Associate Professor in  the Department of Political Science of International Islamic University Malaysia: Email: wraees@gmail.com.

Published
2011-01-13