2026· The Encyclopedia of Comparative Jurisprudence and Law· pp. 1-20· 0 citations
Abstract
The present study aims to assess the feasibility of deriving a theory of “convergence-oriented religious governance” across the five Islamic schools of law by examining their jurisprudential and uṣūlī capacities. The central research question is how an operational model for coherent and just governance can be designed on the basis of shared principles of Islamic legal theory. The study employs an inferential-comparative analytical method within the framework of comparative ijtihād, drawing on library-based and documentary data. The findings derived from the comparative analysis of authoritative jurisprudential texts indicate that, despite differences in the foundations of political legitimacy, a shared “epistemic hard core” exists among the five schools, comprising five overarching principles: public interest, preservation of the social and political order, the rational practice of reasonable persons (sīrat al-ʿuqalāʾ), justice as a constitutive condition, and public oversight. On this basis, the study develops a “conceptual-structural model” and presents a “comprehensive comparative table,” proposing a “two-tier governance model.” At the first tier, a “Supreme Trans-Sectarian Sharīʿa Supervisory Council,” through the application of “collective comparative ijtihād” within the sphere of legislative discretion (manṭiqat al-farāgh), assumes responsibility for legislative harmonization and safeguarding the definitive tenets of religion. At the second tier, elected institutions undertake the rational administration of the state. Furthermore, a mechanism for addressing legislative and judicial challenges is formulated in the form of a “dual judicial system,” distinguishing general courts operating on the basis of codified trans-sectarian laws from specialized personal-status courts, thereby reconciling the efficiency of the political structure with the protection of religious freedoms.
This study examines the foundations of good governance in light of leadership models presented in the Qur’an, by investigating the values and principles governing the exercise of authority, including justice, integrity, competence, consultation (shūrā), sound administration, and the pursuit of the public interest. The...
Ezzeddin Saeed Aburas· Shihab Journal of Humanities· 0 citations
The relationship between shura and modern democracy remains contested, particularly regarding whether their similarities extend beyond procedural principles to their foundational structures. This study aims to analyze the convergence and divergence between shura and modern democracy and examine the conditions under whi...
F. Romadhon, M. Hasyim, Muhamad Rusydi Muzakkir et al.· Urwatul Wutsqo: Jurnal Studi...· 0 citations
The study hypothesizes that sustainable effectiveness in Islamic governance cannot be achieved either through the mere digitization of public services or solely through the personal virtues of administrators, so the establishment of a servant network founded upon e-governance requires the establishment of a servant net...
The phenomenon of Islamic banking and finance (IBF) has become an important international trend, but the academic discourse is still divided into conflicting interpretational schemata and normative interests. To systematise and explain the variety of literature in this area, a five-category typology is created in this...
Hasnain Qayyum, Syed Ali Haider Shah, Mohamed Abdelraouf· Future Business Journal· 0 citations
This study examines the concept of maqāṣid al-sharīʿah (the higher objectives of Islamic law) and its application in contemporary Islamic finance. Employing a systematic qualitative literature review, this study synthesises classical Islamic legal sources and recent empirical scholarship across five thematic dimensions...