العلاقة بين الحاكم والمحكوم في دولة الإمارات العربية المتحدة : دراسة فقهية تحليلية /
Disruption of the relationship between the ruler and the citizen has caused division and dispersal, as it resulted in tragedy and pain, under the pressure of which Islamic nations have been groaning. That has happened only because of the distance from the teachings of the Shariʻah and its correct un...
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| Main Author: | |
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| Format: | Thesis |
| Language: | Arabic |
| Published: |
Kuala Lumpur :
Kulliyah of Islamic Revealed Knowledge and Human Sciences, International Islamic University Malaysia,
2018
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| Subjects: | |
| Online Access: | http://studentrepo.iium.edu.my/handle/123456789/8613 |
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| Summary: | Disruption of the relationship between the ruler and the citizen has caused division and dispersal, as it resulted in tragedy and pain, under the pressure of which Islamic nations have been groaning. That has happened only because of the distance from the teachings of the Shariʻah and its correct understanding and values. Perhaps, it is highly important to demonstrate the ability of Islamic jurisprudence to remedy these imbalances, and then to explain the manner in which Islamic legal maxims and the objectives of Shariʻah related to the legal policy (al-Siyasah al-Sharʽiyyah) and the relationship between the ruler and the citizen in the United Arab Emirates (UAE) can be used. This study aims to clarify the concept of relationship between the ruler and the citizen in Islamic jurisprudence, by defining it literally and terminologically, and to discuss the concept of leadership and its fundamentals, and the general principles of the Shariʻah on this relationship as well, such as justice, consultation, promotion of virtue and prevention of vice. Additionally, this is also to highlight the rights of the both parties, with taking into account the specificity of the UAE society by highlighting the historical development of the system of its government, and to discuss the rule of rebellion against a ruler and impeachment of him, if he fails to fulfil the right of the citizen. Then, this research highlights the five general legal maxims related to al-Siyasah al-Sharʽiyyah, demonstrates their ability to control this relationship, the extent of its application in the UAE. In order to achieve these, the researcher has used four methodologies. First: the reseacher used the inductive methodology is to trace the words of Prophet Muhammad (SAW), his Companions and the words of the predecessors to present important issues in Islamic jurisprudence. Secondly, the historical methodology is used to discuss the history of the leadership from the time of the Ṣaḥabah to the present time, as well as the history of the UAE. Thirdly, analytical methodology, is used to analyze the inducted texts and to put them in their correct places to extract the Islamic legal rulings. Fourthly, survay-based questionnaire is used to measure the extent to which the UAE implements the two legal maxims: “Harm neither should be inflicted, nor should be reciprocated” (La ḍarar wa la ḍirar), and “Hardship brings facility” (al-Mashqqah tajlib al-taysir), which are related to al-Siyasah al-Sharʽiyyah on life, social, cultural, health, economic and political aspects. The researcher has obtained a number of findings. The most important of them are that the relationship between the ruler and the citizens in the UAE is delightful and harmonious; the five Islamic universal legal maxims related to al-Siyasah al-Sharʽiyyah are implemented to a degree that signifies the strength of that relationship; rebellion against the unjust ruler is prohibited in the Shariʻah; the survey on the two maxims: “La ḍarar wa la ḍirar” and “al-Mashqqah tajlib al-taysir” has indicated the need for the positive development and promotion of some aspects, such as the increase of seminars and conferences to promote cultural and social awareness to the youth, as well as to protect them from destructive ideas and alien customs. |
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| Physical Description: | [xiv], 373 leaves : illustrations ; 30cm. |
| Bibliography: | Includes bibliographical references (leaves 347-373). |