Legislative Policy in Dealing with Natural Disasters in Light of Maqasid of Shariah and its Principles

Abstract

Natural 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.

Keywords

• islamic political governance
• emergency situations
• maqāṣid al-sharīʿa
• fiqh principles
• fiqh of reality and anticipation