BY M. UMER CHAPRA

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

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

3. 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 :

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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).

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