قاعدة "تصرف الإمام في الرعية منوط بالمصلحة" وتطبيقها في نازلة كوفيد-19

[Legal Maxim: “Leader’s Actions Towards The People Are Based On Maṣlaḥah (Benefit)” and Its Practise During Covid-19 Pandemic]

Abstract

Among the factors which play a great effect in causing the change in standard Islamic rulings is the occurance of a sudden widely spread catastrophe or pandemic which has resulted in large numbers of fatalities globally. In our current time, the Covid-19 has widely spread and adversely affected all aspects of daily life.  In the time of pandemic or calamity, in general, the ruling government holds a great and heavy responsibilty in learning the Islamic ruling concerning the arising problems and thus taking the best decisions and measure in order to ease public affairs and put them in good order according to the Maqāṣid of Syarī‘ah (Objectives of Syarī ‘ah) in providing benefits for the citizens and safeguard them from harm. This goal is the core essence and ultimate purpose of governance in Islam. This study aims to elucidate the importance of the Legal Maxim: “Leader’s Actions  Towards The People  Are Based On Maṣlaḥah (Benefit)” in the light of collective ijtihād, knowledge and responsibilities according to Islamic rulings and Syarī‘ah governance to preserve the five kulliyyāt of Islamic Syarī‘ah (The Five General Objective of Syarī‘ah Islāmiyyah) in every aspect of both religious and worldly affairs. This study follows the descriptive and analytical methodologies in explaining the legal maxim from the view of Islamic Science tradition and, applied methodology in applying the legal maxim in dealing with the current Covid-19 pandemic and critical methodology in criticising some fatwa (legal ruling issued by Islamic scholars and authorities) in approaching and dealing with numerous issues related to this pandemic. Amongst the most important findings of this study is the important role of collective ijtihād which gather the government leaders, experts from every field, religious scholars and authorities to take any beneficial and unharmful decision based on the true methodology of Islamic teachings. This kind of ijtihād is extremely important to assure that every action done in facing this pandemic is in accordance with Allah’s law, therefore, in obtaining salvation in this worldly life and hereafter.