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It seems to me that a few steps would need to be carried out bef…

Posted on June 12, 2018 by Shahid Bolsen

It seems to me that a few steps would need to be carried out before you could really determine how an Islamic government is supposed to respond to any particular behavior or incident in society. Obviously, first you would have to determine whether or not there is even an extent explicit ruling on that matter in the Shari’ah; and yes, I mean the Shari’ah, not Fiqh. And that means revealed rulings, not deduced rulings.

If there is no such ruling, then yes, you can see if there is any guidance among the Fuqaha. But if there is a ruling, I don’t think that would conclude the process of deducing the course of action. You would need to examine the context of that ruling and see whether or not the present context matches the precedent which activated the previous ruling or whether or not mitigating circumstances exist which justify suspending the implementation of that ruling in the present case. This alone would be an exhaustive process.

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