Legislation based on public welfare
25 Aug 2011 05:41 GMT
n a government impose legislations that are not specifically addressed by the Qur'ân and Sunnah?

Answered by

the Fatwa Department Research Committee - chaired by Sheikh `Abd al-Wahhâb al-Turayrî

The Islamic State is allowed to set legislation to promote the public interests as long as that legislation does not contradict Islamic Law. It must not be at variance with the Qur’ân and Sunnah. In Islamic Law, public interest is defined by the preservation of five universal needs, which are as follows:

1. Preservation of the religion.
2. Preservation of life.
3. Preservation of the rational faculties.
4. Preservation of wealth.
5. Preservation of lineage.

Traffic laws are a perfect example of this type of legislation. The Qur’ân and Sunnah do not state that it is unlawful to run a red light or to drive 250 kilometers an hour down a residential road. However, the state passes laws regulating these matters to protect the lives of the people, which is one of the five universal needs that Islamic Law came to protect.

If you are interested in this topic, we recommend that you read al-Ahkâm `al-Sultaniyyah by al-Mawârdî, which has been translated into English.

Also, please read the article on our website entitled
“The Objectives of Islamic Law”.

Source: Islam Today

-- Al Arabiya Digital

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