Legislative Policy in Dealing with Natural Disasters in Light of Maqasid of Shariah and its Principles
Mahmoud AlnaffarNatural disasters are tests from God, beyond human control as acts of divine will. However, this does not absolve governments and individuals of political and collective responsibilities. Prior to disasters, governments must take necessary precautions, while post-disaster, there is a collective duty of solidarity and meeting essential needs. Governments, given their resources, bear the primary responsibility in preparation and response, often in collaboration with international organizations.
The science of maqāṣid al-Sharīʿa (objectives of Islamic law) offers a valuable framework for addressing such crises by establishing priorities and balancing necessities. Through this lens, a contemporary fiqhī (Islamic legal) perspective on disaster response can be developed. Additionally, Sharia principles, particularly those related to harm and governance, provide guidelines for managing and mitigating the effects of disasters, outlining clear responsibilities. By integrating maqāṣid (objectives of Islamic law) and sharīʿa principles, a comprehensive theory of emergency response within the framework of Islamic political governance (siyāsa sharʿiyya) can be developed. This approach offers a more precise and relevant framework than the one traditionally associated with this theory in contemporary scholarly studies, which often reduce it to the fiqh of transactions.
سياسة التشريع في التعامل مع الكوارث الطبيعية في ضوء مقاصد الشريعة وقواعدها
Mahmoud Alnaffarلكوارث الطبيعية ابتالء من هللا لعباده، ال تدخل في وسعهم من حيث هي من فعل هللا، إال أن ذلك ال ينفي جملة من التكاليف السياسية التي تسبق وقوع الكارثة باتخاذ كافة وسائل االحتياط واالستعداد لها، وواجبات أخرى تتوجه إلى المكلفين بعد وقوع هذه الكوارث من قبيل التضامن وسد الضرورات والحاجات. وهذه الواجبات القبلية والبعدية واجبات كفائية، وفروض سياسية يتوجب على األمة القيام بها، وأهم الجهات التي تتوجه لها هي الحكومات باعتبارها الجهة التي تمتلك إمكانات كبيرة تستطيع من خاللها ومن خالل تعاونها مع الدول والمنطمات الدولية االحتياط لوقوع هذه الكوارث، ثم معالجة تبعاتها. ويقدم علم المقاصد إمكانات كبيرة على مستوى منهج التعامل مع الكوارث الطبيعية، حيث تتولد عنها ضرورات وحاجات عامة، ويترتب عليها جملة من الموازانات واألنظار األولوية، يمكن من خالها تقديم رؤية فقهية معاصرة من خالل المنظور المقاصدي. كما تقدم قواعد الشريعة خاصة قواعد الضرر وقواعد السياسة الشرعية جملة من الكليات والقوانين التي تضبط النظر الفقهي إلى األضرار الواقعة أو المتوقعة بسبب تلك الكوارث وتحدد بشكل دقيق المسؤوليات المترتبة عليها. ومن خالل مقاصد الشريعة وقواعدها يمكن تطوير نظرية خاصة بالظروف الطارئة التي مجالها السياسة الشرعية، ذلك أن هذا اإلطار-السياسة الشرعية- أدق من اإلطار الذي لطالما التصقت به هذه النظرية في دراسة الفقهاء المعاصرين، وأعني هنا بالتحديد: فقه المعامالت
Nations often confront situations that lead to substantial destruction of their human and structural foundations. In these emergency circumstances, the true capabilities of nations and civilizations become apparent through the strength of their laws, the cohesion of their citizens, the solidarity of their communities, their ability to recover swiftly, and the manifestation of justice and benevolence. These situations also reveal the inherent dispositions and ethics of the populace. A closer examination of Islamic political legislation highlights its remarkable richness in effectively managing state affairs during crises and disasters, particularly due to its foundational principles of justice, mercy, cooperation, and solidarity.
This study aims to document the legislative policies concerning disaster management and to highlight the fundamental, objective, and jurisprudential principles upon which these policies are based. The study is divided into two main sections.
This study aims to document the legislative policies concerning disaster management and to highlight the fundamental, objective, and jurisprudential principles upon which these policies are based. The study is divided into two main sections.
Section One: This section addresses the concept of natural disasters and the legislative policy for managing and mitigating their effects. It outlines the responsibilities of the state in light of Sharia principles, encompassing fundamental, objective, political, and jurisprudential considerations, as well as the overarching objectives of Islamic political governance (siyāsa sharʿīyya).
Islamic political governance mandates that rulers safeguard the interests of the nation, especially during crises that threaten the safety and well-being of its inhabitants. Numerous examples illustrate the early richness of Islamic political thought aimed at addressing such crises. Notably, Imām al-Ḥaramayn al-Juwaynī provided profound jurisprudential insights regarding methodology and content.
Several Sharia principles support the objectives of Islamic political governance, and the researcher has chosen to focus on four key categories:
1. Maqāṣid-based principles: These include principles related to public interest, balancing priorities, and establishing hierarchies of needs.
2. Political principles: These entail the obligation for rulers to act in the best interest of their subjects and to choose what is most beneficial for the community.
3. Fundamental principles: This category includes collective obligations (farḍ kifāya), the means to achieve ends (sadd al-dharāiʿ), and considerations of outcomes.
4. Fiqh-based principles: These principles address issues of harm and hardship, ability and difficulty, as well as necessity and need.
Section Two: This section explores the various policies and measures mandated by Sharia principles and objectives. The researcher categorizes these into two types:
1. Policies related to religious matters: These encompass doctrinal, jurisprudential, and educational/behavioral policies.
2. Policies related to worldly affairs: These cover a range of aspects of life, including scientific research, humanitarian aid, social security, security and defense, political and economic issues, legislative and legal matters, as well as media, education, material, and moral concerns.
By adhering to these diverse and comprehensive policies, one can observe the distinctiveness of the Islamic epistemological model compared to alternative models that have diverged from divine revelation. These latter models often exhibit inconsistencies in methodology and contradictions in priorities.
This study is grounded in two key hypotheses:
1. The extraordinary nature of Sharia principles and objectives, along with their methodological potential, can be harnessed to illuminate the legal and political obligations regarding disasters as public crises. These responsibilities extend beyond individual moral duties to encompass the state and its relevant institutions.
2. The accountability for natural disasters exists despite the misleading connotation of the term “natural,” which might suggest that society and the state are absolved of responsibility. Contemporary scholarship and experience indicate that states and international organizations must adopt numerous precautionary measures to prevent such disasters or mitigate their impact. This obligation exists prior to the disaster occurring and extends to implementing necessary actions afterward, addressing various dimensions of life: doctrinal, jurisprudential, behavioral, scientific, research-based, intellectual, cultural, political, economic, social, military, security, environmental, health-related, and human rights considerations.
The study aims to explore Islamic legislative policies in disaster management through the lens of Sharia objectives and principles, contributing to the renewal of political jurisprudence, through what is referred to in contemporary scholarship as ‘public policy’.
In recent decades, the field of public policy has garnered increasing attention within political science, with its diverse branches and many schools of thought addressing local, regional, and international contexts. However, contemporary Islamic political jurisprudence remains somewhat detached from the developments in this field, particularly when comparing it to the rich Islamic political heritage. Although this heritage encompasses numerous discussions and references, it often remains fragmented and in need of consolidation into comprehensive theories, thereby highlighting the Islamic contribution to governance and moral behavior.
One of the most critical areas requiring an Islamic civilizational perspective is public policy related to exceptional circumstances and crisis management. Governments must design and implement policies through programs, decisions, and plans that consider the state’s capabilities and prioritize public welfare and national objectives.
The researcher has identified three methodological issues in the study of rulings related to natural disasters:
1. Rulings on disasters are frequently examined in isolated contexts, focusing on specific effects rather than exploring the comprehensive foundations of disaster jurisprudence by referring to Sharia principles and objectives as methodological tools.
2. There is a notable scarcity of studies that investigate disasters within the framework of Islamic political governance, despite their deep interconnection.
3. Discussions on natural disasters are infrequent in studies addressing emergency circumstances, often limited to financial impacts on contracts and options, among other considerations.
This study addresses these three concerns by examining disasters within three contexts: a methodological and comprehensive context (Sharia principles), a political and societal context (Islamic political jurisprudence), and a practical and applied context (detailed religious and worldly measures).
In conclusion, the study reveals several key findings, with the most significant being the depth, authenticity, and precision of the Islamic methodology in studying and addressing disasters across various contexts. This is evident through the application of fundamental principles, values, and objectives of this methodology in the realm of disaster management. The necessary measures before, during, and after disasters were delineated as religious obligations, collective duties, and political responsibilities.
It has become clear that Islamic legislation serves the interests of the nation and the community in both ordinary and extraordinary circumstances through policies and measures aligned with its general spirit and comprehensive objectives. This insight opens important avenues for further research, exploration, theorization, and practical application in the field of public policy from an Islamic civilizational perspective, especially for policies requiring special attention due to their close relationship with comprehensive political jurisprudence.