أثر مقاصد الشريعة في نظام الحكم : دراسة تأصيلية مقارنة

Abstract

This study investigates "the influence of Sharee`ah's terminuses in the ruling regime; a comparative consolidating study". It consists of an introduction, four chapters and a conclusion. First chapter talks about the basics of the research, its reasons, goals, hypothesis, and the previous studies related to it. Second chapter reviews terminuses, their history, their development, and their importance to the Muslim individual, to the diligent and to the ruling regime. Third chapter clarifies the concept of ruling regime, and its stand in the Islamic Fiqh. It also broaches the form of ruling regime in the Islamic state, its pillars and its aims. Forth chapter draws attention to the influence of Sharee`ah's terminuses in the ruling regime. It approaches the influence of juridical governorship in the ruling issues explaining the source of governorship in Islam and comparing it to the positivist one in order to remove the ambiguity between it and the contemporary terms. In addition, this chapter amplifies to the justice terminus, the freedom terminus, the equality terminus and their affect in the Islamic governorship. As for the conclusion, it includes the results of the study and its recommendations.