جدید ریاستی قوانین اور اسلامی ولایت کے اصول: ایک تجزیاتی مطالعہ

Abstract

Title: Modern State Laws and the Principles of Islamic Wilayah: An Analytical Study

This study examines the concept of Wilayah (authority) in Islamic jurisprudence and its relationship with state authority in modern legal systems. It aims to analyze the foundations, scope, and objectives of Wilayah in Islamic law, examine the legal basis of authority in contemporary constitutional states, and explore the areas of convergence, divergence, and possible harmonization between the two systems. The research adopts an analytical approach based on the Qur'an, Sunnah, classical juristic sources, and contemporary legal literature.

The study concludes that Wilayah in Islam is a Shariah-based trust and legal responsibility established to ensure justice, protect rights, and promote public welfare (Maslahah). While modern legal systems derive state authority from constitutional and democratic principles, Islamic law derives authority from divine sovereignty and the objectives of Shariah. Despite these foundational differences, both systems share common values, including justice, accountability, the rule of law, and the protection of public interests. The study argues that the principles of Maqāṣid al-Sharīʿah, Maslahah, Ijtihād, and Shūrā provide a sound basis for harmonizing Islamic Wilayah with the requirements of modern constitutional governance.