THE OBJECTIVES, ROLE, AND INSTRUMENTS OF THE GOVERNMENT FOR REALIZING THE MAQASID AL-SHARI‘AH NOTES FOR A DISTANCE LEARNING LECTURE BY M. UMER CHAPRA

TWO PARTS OF THE TITLE THE MAQASID (OBJECTIVES OF) AL-SHARI‘AH ROLE AND INSTRUMENTS OF THE GOVERNMENT TO REALIZE THESE

MAQASID (OBJECTIVES OF) AL-SHARI‘AH FALAH (WELL-BEING) AND ADALAH (JUSTICE) IMPLICATIONS OF THESE: SINCE ALL HUMAN BEINGS ARE THE KHALIFAHS OF GOD, JUSTICE DEMANDS THAT THEY MUST ALL ENJOY: DIGNITY AND SELF-RESPECT BROTHERHOOD SOCIAL EQUALITY, AND MORAL AND MATERIAL DEVELOPMENT SINCE ALL RESOURCES ARE A TRUST FROM GOD AND SINCE SUSTAINED DEVELOPMENT IS NOT POSSIBLE WITHOUT JUSTICE AND EFFICIENCY, IT IS IMPERATIVE THAT RESOURCES BE UTILIZED EQUITABLY AND EFFICIENTLY FOR THE WELL-BEING OF ALL :

FALAH AND WELL-BEING 0F ALL – HOW? WELL-BEING DEMANDS MATERIAL AS WELL AS SPIRITUAL PROGRESS DEVELOPMENT MUST BE ALL-ROUND AND WITHIN THE FRAMEWORK OF MORAL VALUES NEED FULFILLMENT OF ALL EDUCATION: BOTH TECHNICAL AND SPIRITUAL PHYSIOLOGICAL NEEDS SECURITY OF LIFE AND PROPERTY EMPLOYMENT AND SELF-EMPLOYMENT OPPORTUNITIES THIS IS NOT POSSIBLE UNLESS ALL SECTORS OF SOCIETY (INDIVIDUALS, FAMILIES, SOCIETY, ECONOMY, AND GOVERNMENT) WORK HARMONIOUSLY: THIS NECESSITATES MORAL REFORM

THE ROLE OF THE GOVERNMENT IN THE REALIZATION OF THE MAQASID THE PROPHET (PBUH) SAID: “ANY RULER WHO IS RESPONSIBLE FOR THE AFFAIRS OF MUSLIMS BUT DOES NOT SINCERELY STRIVE FOR THEIR WELL-BEING WILL NOT ENTER PARADISE WITH THEM” “GOD RESTRAINS THROUGH THE RULER MORE THAN WHAT HE RESTRAINS THROUGH THE QUR’AN” ‘UMAR, WROTE TO ABU MUSA AL-ASH‘ARI: “THE BEST OF MEN IN AUTHORITY IS HE UNDER WHOM PEOPLE PROSPER, AND THE WORST OF THEM IS HE UNDER WHOM THEY ENCOUNTER HARDSHIP” ALL CLASSICAL SCHOLARS EMPHASIZED THIS AND SO DO MODERN SCHOLARS

IMPLICATIONS OF THESE STATEMENTS FOR THE ROE OF THE GOVERNMENT SINCE THE WELL-BEING OF ALL IS CRUCIAL, THERE IS NO ROOM FOR A LAISSEZ-FAIRE STATE: SINCE DIGNITY AND FREEDOM ARE ALSO CRUCIAL FOR HUMAN WELL-BEING, THERE IS NO ROOM FOR A TOTALITARIAN STATE THE STATE MUST OPERATE WITHIN A DEMOCRATIC FRAMEWORK: IT MUST SAFEGUARD SOCIAL INTEREST AND CURB UNHINDERED PURSUIT OF SELF-INTEREST IT SHOULD NOT OWN ALL MEANS OF PRODUCTION, BUT MAY OWN SOME, IF THIS IS IMPERATIVE FOR REALIZING SOCIAL WELL-BEING VIEWS OF MUSLIM SCHOLARS ACTUAL PRACTICE

THE FUNCTIONS OF AN ISLAMIC STATE: MAINTAIN LAW AND ORDER PROMOTE ECONOMIC AS WELL AS MORAL DEVELOPMENT ERADICATE POVERTY STABILIZE THE VALUE OF MONEY FOSTER EQUITABLE DISTRIBUTION OF INCOME AND WEALTH ARRANGE SOCIAL SECURITY HARMONIZE INTERNATIONAL RELATIONS ENSURE NATIONAL DEFENCE

INSTRUMENTS FOR REALIZING THE MAQASID PLANNING: TO SET PRIORITIES ENABLING MORAL, SOCIAL AND ECONOMIC REFORM APPROPRIATE POLITICAL AND JUDICIAL FRAMEWORK INTERNATIONAL RELATIONS: : PEACEFUL COEXISTENCE ORIENTATION OF FISCAL, MONETARY AND COMMERCIAL POLICIES TOWARDS REALIZATION OF THE MAQASID

PUBLIC FINANCE PRINCIPLES OF EXPENDITURE FIVE BROAD PRINCIPLES IN THE LIGHT OF THE RULES LAID DOWN BY ISLAMIC JURISPRUDENCE (القواعد الفقهية ) THE PRINCIPAL CRITERION FOR ALL EXPENDITURE ALLOCATIONS MUST BE THE WELL-BEING OF THE PEOPLE (ARTICLE 58). THE REMOVAL OF HARDSHIP AND INJURY MUST TAKE PRECEDENCE OVER THE PROVISION OF COMFORT (ARTICLES 17, 19, 20, 30, 31 AND 32). THE LARGER INTEREST OF THE MAJORITY SHOULD TAKE PRECEDENCE OVER THE NARROWER INTEREST OF A MINORITY (ARTICLE 28). A PRIVATE SACRIFICE OR LOSS MAY BE INFLICTED TO SAVE A PUBLIC SACRIFICE OR LOSS AND A GREATER SACRIFICE OR LOSS MAY BE AVERTED BY IMPOSING A SMALLER SACRIFICE OR LOSS (ARTICLES 26, 27 AND 28). WHOEVER RECEIVES THE BENEFIT MUST BEAR THE COST (ARTICLES 87 AND 88).

TAXATION – JUST TAXATION RESTRAINED BORROWING RULE OF CONVENTIONAL WISDOM: BORROWING FOR FINANCING CAPITAL OUTLAYS AND NOT FOR CURRENT EXPENDITURE ZAKAH AND AWQAF