The Concept Of Legal And Its Relation To The Provisions Of Law And Jurisprudence
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Abstract
The research started by introducing the constitutive and constructive definitions of politics. Then, it explained the definition of legal politics from jurisprudence point of view where it was clear that the term had more than one definition, and many of them were mentioned. From those definitions, the researcher extracted a preponderant definition for legal politics and explained the components of this definition. Therefore, legal politics concept was defined as the politics that is based on the texts, provisions, principles, and rules of Sharia, and aims to fulfill the legal objectives, where, in that case, the ruler and the governors he assigns in different states have to follow a thoughtful comprehensive plan for all life aspects that is based on the fundamentals provisions and general principles of Sharia in order to administer and organize their people's lives and achieve the legal objectives.
Legal politics can fall into three sections:
- Ultimate legal politics in which irrevocable legal texts are applied.
- Interpretative legal politics in which the ruler chooses to apply some jurisprudential debatable provisions which are based on legal texts presumptive whether in their validity or meaning.
- Interest legal politics where provisions and actions are meant to accomplish interests, and these provisions are inferred from interpretive judgment on events and developments which are not stated in legal texts for the purpose of bringing interests and availing causes of corruption, taking into considerations people's circumstances and conventions in the condition that the application of those provisions do not violate the provisions in Sharia.
Moreover, the research held a comparison between secular politics, which is made by rulers without relying on Sharia, and legal politics. The differences where proven to be in resources, objectives, validity, and comprehensiveness. Also, some other differences were in the concept of interests and the level of considering values.
Finally, the research studied the relationship between legal politics provisions and interpretive juristic provisions where differences and similarities where shown. Then, a comparison was held between politics provisions and law provisions, and it was proven that law is the most significant method to implement politics. Thus, law has to be derived from Sharia provisions in order to execute legal politics.Downloads
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