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Operationalising Qawāʿid Fiqhiyyah as a Normative–Operational

Framework for Contemporary Public Governance

Azli Fairuz

, Wan Mohd Khairul Firdaus Wan Khairuldin

Faculty of Islamic Contemporary Studies, Universiti Sultan Zainal Abidin (UniSZA), Malaysia

Corresponding Author

DOI: https://dx.doi.org/10.47772/IJRISS.2025.930000011

Received: 10 December 2025; Accepted: 16 December 2025; Published: 24 December 2025

ABSTRACT

This article examines the normative–operational role of Qawāʿid Fiqhiyyah (Islamic legal maxims) in shaping

contemporary public governance within Muslim-majority contexts. While Islamic governance has been

extensively discussed through the frameworks of fiqh siyāsah and maqāṣid al-sharīʿah, the systematic

operationalisation of legal maxims as instruments of public governance remains under-theorised. Adopting a

qualitative document-based conceptual and policy analysis, this study analyses classical juristic works alongside

contemporary governance and public policy literature through a deductive thematic approach. The findings

demonstrate that the five major legal maxims—al-umūr bi maqāṣidihā, al-yaqīn lā yazūlu bi al-shakk, al-

mashaqqah tajlib al-taysīr, al-ḍarar yuzāl, and al-ʿādah muḥakkamah—collectively constitute a coherent

normative–operational governance framework. This framework encompasses policy teleology, legal certainty,

adaptive regulation, preventive risk governance, and socially embedded behavioural governance. This study

repositions Qawāʿid Fiqhiyyah as actionable macro-level governance instruments and highlights their potential

to strengthen regulatory ethics, enhance public trust, and reinforce institutional legitimacy. Furthermore, the

integration of these maxims offers a normative corrective to technocratic governance models by ensuring legal

legitimacy is inseparable from religious and ethical conformity. The maxims provide a calibrated model of

administrative discretion, balancing the need for flexibility (facilitation under hardship) with the imperative for

legal certainty and harm prevention (risk governance). The article concludes by outlining key policy implications

and proposing directions for future empirical research on Sharīʿah-based public governance.

Keywords: Qawāʿid Fiqhiyyah; Islamic governance; public policy; legal maxims; normative–operational

framework.

INTRODUCTION

Contemporary public governance is increasingly confronted by complex ethical, legal, and socio-political

challenges, including regulatory fragmentation, public trust deficits, policy rigidity, and competing public

interests. These challenges are further intensified in Muslim-majority societies where governance is not only a

technical and administrative endeavour but is also deeply embedded within religious, moral, and legal

worldviews. Modern governance frameworks, largely derived from secular administrative traditions, often

struggle to reconcile normative legitimacy with operational effectiveness, particularly when public policies

intersect with religious values and legal norms [1].

In Islamic legal epistemology, governance is intrinsically linked to the concepts of khilāfah (vicegerency),

amānah (trust), and maṣlaḥah (public interest), which collectively establish public authority as a moral–legal

responsibility rather than a mere political mandate. While these foundational concepts are well elaborated in the

literature of fiqh siyāsah (Islamic political jurisprudence) and maqāṣid al-sharīʿah, an equally important yet

comparatively under-operationalised legal instrument within Islamic jurisprudence is Qawāʿid Fiqhiyyah

(Islamic legal maxims). These maxims function as overarching juristic principles that regulate diverse legal cases

through abstract, flexible, and policy-relevant formulations [3].

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Classical jurists consistently recognised Qawāʿid Fiqhiyyah as more than merely pedagogical tools for legal

classification; rather, they constitute a meta-legal framework that governs judicial reasoning, administrative

discretion, and public policy formulation. Works such as Al-Ashbāh wa al-Naẓāʾir by Ibn Nujaym and Al-

Ashbāh wa al-Naẓāʾir fī Qawāʿid wa Furūʿ Fiqh al-Shāfiʿiyyah by al-Suyūṭī demonstrate that legal maxims were

historically employed as instruments for managing legal uncertainty, administrative complexity, and social

change within Islamic governance structures [4]. Despite this rich legacy, contemporary discussions on Islamic

governance tend to privilege either substantive fiqh rulings or maqāṣid-based ethical discourses, while the

operational role of Qawāʿid Fiqhiyyah in modern public governance remains under-theorised and under-applied.

From a governance studies perspective, contemporary public administration literature places strong emphasis on

good governance principles such as accountability, transparency, efficiency, proportionality, and rule of law.

Institutions such as the World Bank and the United Nations conceptualise governance primarily through

performance-based indicators, regulatory quality, and institutional effectiveness [2]. However, such frameworks

are normatively “thin” when applied within religiously grounded legal systems, where legitimacy is not

measured solely by efficiency but also by conformity to ethical and juristic principles. This epistemic gap creates

a persistent tension between technical governance rationality and normative Islamic legal reasoning.

It is precisely within this intersection that Qawāʿid Fiqhiyyah possess significant untapped explanatory and

regulatory potential. Core maxims such as al-ḍarar yuzāl (harm must be eliminated), al-mashaqqah tajlib al-

taysīr (hardship begets facilitation), al-umūr bi maqāṣidihā (matters are judged by their objectives), and al-ʿādah

muḥakkamah (custom is authoritative) provide juristic mechanisms that mirror contemporary governance

concerns including harm prevention, regulatory flexibility, policy teleology, and social legitimacy. Notably,

these maxims are not abstract moral slogans but function as operational legal tools that historically guided

judicial and administrative decision-making across diverse political contexts [4].

Despite their clear governance relevance, most contemporary studies on Qawāʿid Fiqhiyyah remain confined to

micro-legal applications in areas such as worship (ʿibādāt), commercial transactions (muʿāmalāt), and judicial

fatwa formulation. Only a limited number of works have begun to explore their broader public policy and

regulatory dimensions, and even fewer have systematically analysed their potential as normative–operational

frameworks for contemporary governance systems. As a result, a critical gap persists between Islamic legal

theory and modern governance practice.

The central problem addressed in this study is the absence of a systematic operational framework that translates

Qawāʿid Fiqhiyyah into instruments of contemporary public governance. While Islamic governance is frequently

discussed at the level of ideals and objectives, there remains a lack of structured analysis on how legal maxims

can function as policy design principles, regulatory justifications, and administrative decision-making tools

within modern state institutions.

This study contributes to the literature in three important ways. First, it reframes Qawāʿid Fiqhiyyah not merely

as juristic abstractions but as normative–operational instruments of governance. Second, it bridges Islamic legal

theory with contemporary public administration discourse, thereby addressing a long-standing epistemic divide

between Syariah and governance studies. Third, it provides a structured conceptual foundation for future

empirical research on the application of Islamic legal maxims in public policy, regulatory ethics, and

administrative governance within Muslim-majority contexts.

LITERATURE REVIEW

Qawāʿid Fiqhiyyah refer to general and comprehensive legal principles from which numerous subsidiary rulings

(furūʿ) are derived. They function as mechanisms for unifying the methodology of istinbāṭ, harmonising legal

judgements, and managing case diversity within the Islamic legal tradition. Classical scholars such as Ibn

Nujaym and al-Suyūṭī emphasised that Qawāʿid Fiqhiyyah are not merely pedagogical tools, but rather meta-

legal instruments that regulate the juristic reasoning of fuqahāʾ when dealing with complex social realities [4].

Al-Qarāfī [3] further stressed that Qawāʿid Fiqhiyyah function as dawābiṭ al-taṣarruf al-sharʿī (regulators of

Sharīʿah-based action), particularly in the context of administration and the management of public interest

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(maṣlaḥah). In this sense, Qawāʿid Fiqhiyyah not only guide individual fatwā issuance, but also form the ethical

and normative foundation for institutional decision-making and public authority.

Contemporary studies on Qawāʿid Fiqhiyyah have largely focused on their role in legal harmonisation, the

resolution of evidentiary conflicts, and legal flexibility in responding to socio-historical change. Scholars such

as Al-Zuḥaylī [9] and Al-Būṭī [10] argue that Qawāʿid Fiqhiyyah provide a framework through which Islamic

law remains dynamic without compromising the fundamental principles of Sharīʿah. Nonetheless, these

discussions remain predominantly situated within micro-legal domains such as acts of worship (ʿibādāt),

transactions (muʿāmalāt), and judicial practice, rather than within the macro-structure of state governance.

In modern Islamic legal scholarship, Qawāʿid Fiqhiyyah are frequently discussed alongside the framework of

Maqāṣid al-Sharīʿah as a normative mechanism for understanding the rationales underlying Islamic law. Al-

Shāṭibī [7] laid the foundational premise that all Sharīʿah rulings aim to preserve five essential interests: religion,

life, intellect, lineage, and property. Qawāʿid Fiqhiyyah function as the operational instruments through which

these maqāṣid are realised in concrete legal determinations. [7]

Auda [8] expanded this discourse by introducing a systems approach to maqāṣid, in which Qawāʿid Fiqhiyyah

operate as tools for risk management, prioritisation of interests, and governance balance. In this context, maxims

such as al-ḍarar yuzāl and al-mashaqqah tajlib al-taysīr clearly serve as mechanisms for harm control and policy

flexibility. [7]

Nevertheless, most maqāṣid–qawāʿid studies remain normatively ethical in orientation and have yet to be

systematically translated into public policy and contemporary administrative frameworks. This has resulted in a

persistent gap between theoretical Sharīʿah discourse and the operational realities of modern governance. [7]

Contemporary governance literature emphasises concepts such as good governance, regulatory quality, rule of

law, transparency, and accountability as the principal benchmarks of effective public administration [2]. These

approaches are largely performance-oriented, focusing on institutional efficiency, managerial competence, and

legal procedural compliance.

However, several scholars have criticised secular governance models for being normatively thin, as they evaluate

the legitimacy of governance primarily on the basis of outputs and procedures, without anchoring them in deeper

religious–ethical frameworks [11]. In Muslim societies, the absence of a Sharīʿah dimension within governance

frameworks may generate tensions between legal legitimacy and moral–religious legitimacy.

It is within this normative gap that the unique positioning of Qawāʿid Fiqhiyyah as a conceptual bridge between

Sharīʿah norms and modern administrative rationality becomes particularly significant. Yet, mainstream

governance literature rarely integrates Islamic jurisprudential principles as a source of administrative legitimacy.

A limited number of contemporary studies have begun to explore the potential application of Qawāʿid Fiqhiyyah

in governance and public policy. Kamali [13] argues that Qawāʿid Fiqhiyyah provide a flexible foundation for

legislative drafting and policy formulation in modern Islamic societies, particularly with regard to public interest

(maṣlaḥah ʿāmmah).

Furthermore, Sachedina [4] and Hallaq [14] demonstrate that Islamic legal rationality has historically been

closely intertwined with the management of public authority and societal welfare. However, these works tend to

emphasise the philosophy of Islamic law, rather than developing operational models for applying Qawāʿid

Fiqhiyyah within modern administrative structures.

Within the Southeast Asian context, studies on the application of Qawāʿid Fiqhiyyah in state policy remain

limited and sectoral in nature, particularly in areas such as Islamic finance, halal governance, and the

administration of specific acts of worship. The utilisation of Qawāʿid Fiqhiyyah as a comprehensive public

governance framework has yet to be systematically developed in the form of a conceptual model or a policy

architecture.

INTERNATIONAL JOURNAL OF RESEARCH AND INNOVATION IN SOCIAL SCIENCE (IJRISS)

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It is this conceptual and operational vacuum that the present study seeks to address by constructing a conceptual

mapping between Qawāʿid Fiqhiyyah and contemporary public governance, thereby contributing to the fields of

applied Sharīʿah studies and governance scholarship.

METHODOLOGY

This study adopts a qualitative, document-based conceptual and policy analysis design. A qualitative approach

is most appropriate given the nature of the research objectives, which seek to analyse the normative–operational

potential of Qawāʿid Fiqhiyyah within the context of contemporary public governance rather than to test causal

relationships through statistical inference. Qualitative legal and policy analysis enables in-depth interpretation

of texts, principles, and governance processes embedded within normative systems [16]. [4]

This study relies exclusively on publicly available documentary sources and does not involve human

participants, personal data, or institutional intervention. As such, formal ethical clearance was not required.

Nevertheless, the study adheres strictly to principles of academic integrity, including accurate citation, avoidance

of misrepresentation, and faithful interpretation of all sources.

Findings & Analysis: Qawāʿid Fiqhiyyah as a Normative–Operational Governance Framework

The analysis reveals that Qawāʿid Fiqhiyyah possess a coherent normative–operational capacity that aligns

closely with core functions of contemporary public governance. Rather than functioning merely as abstract legal

postulates, these maxims operate as regulatory logics that structure policy justification, administrative discretion,

and public risk management. The findings are organised according to five major maxims that form the backbone

of Islamic legal theory. [4]

Al-Umūr bi Maqāṣidihā (Matters Are Judged by Their Objectives): Policy Teleology and Governance

Intent

The maxim al-umūr bi maqāṣidihā establishes intentionality and purpose as the primary determinant of legal and

administrative judgment. In a governance context, this maxim operates as a teleological principle of policy

evaluation, whereby the legitimacy of public action is assessed based on its underlying objectives rather than its

procedural form alone. [4]

Classical jurists viewed niyyah (intention) not merely as an individual moral state but as a structuring principle

of legal effects, particularly in administrative and judicial matters [4]. When mapped onto contemporary

governance, this principle corresponds with the notion of purpose-oriented policymaking, where regulatory

instruments are evaluated according to their alignment with public interest outcomes rather than bureaucratic

compliance.

This mirrors modern governance principles related to results-based management (RBM) and policy outcome

evaluation, yet with a distinct Islamic normative foundation anchored in maqāṣid [1]. Thus, al-umūr bi

maqāṣidihā functions as a normative accountability filter that differentiates between legitimate and illegitimate

exercises of public authority.

Al-Yaqīn Lā Yazūlu bi al-Shakk (Certainty Is Not Removed by Doubt): Legal Stability and

Administrative Consistency

The maxim al-yaqīn lā yazūlu bi al-shakk embodies the principle of legal stability and epistemic certainty,

serving as a safeguard against arbitrary decision-making driven by conjecture or political expediency. In classical

fiqh, this maxim prevents the nullification of established legal states based on speculative doubt [5]. [4]

Modern regulatory systems similarly emphasise the importance of predictability in law enforcement to sustain

public trust and institutional legitimacy [15]. The analysis indicates that al-yaqīn lā yazūlu bi al-shakk provides

a fiqh-based doctrinal anchor for the rule of law, ensuring that public authorities do not disrupt established legal

positions without demonstrable and compelling justification.

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Al-Mashaqqah Tajlib al-Taysīr (Hardship Begets Facilitation): Regulatory Flexibility and Adaptive

Governance

The maxim al-mashaqqah tajlib al-taysīr introduces the principle of systematic flexibility in response to hardship.

Classical jurisprudence applied this maxim to legitimise legal concessions (rukhaṣ) under conditions of genuine

difficulty [9]. [4]

From a governance perspective, this maxim provides a normative justification for adaptive regulation, enabling

public authorities to modify policies and enforcement mechanisms during periods of crisis, emergency, or

structural constraint. Contemporary governance theory similarly emphasises adaptive governance as a core

response to uncertainty, complexity, and systemic risk [11].

Importantly, facilitation under this maxim is neither arbitrary nor unlimited; it remains constrained by the broader

objectives of Shariah and public interest. This establishes a controlled flexibility model that balances compassion

with regulatory discipline—an essential feature of sustainable governance systems.

Al-Ḍarar Yuzāl (Harm Must Be Eliminated): Public Risk Regulation and Preventive Governance

Among all the major legal maxims, al-ḍarar yuzāl demonstrates the most direct regulatory relevance to

contemporary governance. The maxim mandates both the removal of existing harm and the prevention of

foreseeable harm, forming the foundation of Islamic public risk governance [3]. [4]

What distinguishes this maxim from secular risk theory is its dual legal–moral imperative: harm elimination is

not merely a regulatory option but a religious obligation. Consequently, al-ḍarar yuzāl provides a normative

mandate for proactive governance, reinforcing the ethical legitimacy of preventive state action within Muslim

societies.

Al-ʿĀdah Muḥakkamah (Custom Is Authoritative): Social Legitimacy and Behavioural Governance

The maxim al-ʿādah muḥakkamah recognises established social practices as a source of normative authority in

legal and administrative decision-making, provided they do not contravene explicit Shariah injunctions [4]. [13]

This principle offers an Islamic legal foundation for what governance theorists describe as behavioural

governance and culturally embedded regulation. Modern policy studies increasingly acknowledge that regulatory

effectiveness depends not only on formal rules but also on social norms, habits, and community practices .

Synthesis of Findings: Qawāʿid as a Normative–Operational Governance Framework

Together, these maxims do not merely complement contemporary governance principles but constitute a parallel

normative–operational system rooted in Islamic legal rationality. This confirms that Qawāʿid Fiqhiyyah are not

confined to micro-level legal reasoning but possess structural relevance to macro-level governance and public

policy regulation.

Discussion: Repositioning Qawāʿid Fiqhiyyah in Contemporary Public Governance

This study demonstrates that Qawāʿid Fiqhiyyah possess a systemic governance logic that extends beyond their

traditional micro-legal applications. The findings confirm that these legal maxims operate as a normative–

operational interface between Islamic legal theory and contemporary public governance practice. This section

discusses the implications of these findings in relation to existing scholarship on Islamic jurisprudence,

governance theory, and regulatory ethics. [8]

Classical scholarship has long acknowledged Qawāʿid Fiqhiyyah as meta-principles governing juristic reasoning

[4]. However, their role has largely been confined to judicial reasoning, fatwā formulation, and doctrinal

harmonisation. The present findings extend this classical understanding by repositioning qawāʿid as macro-level

governance instruments that can structure public policy justification, regulatory discretion, and institutional

decision-making.

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This reconceptualisation aligns with Al-Qarāfī’s [3] view that legal maxims function as dawābiṭ al-taṣarruf al-

sharʿī (regulators of legal action), but advances it further by embedding these regulators within modern

administrative and policy environments. In this sense, Qawāʿid Fiqhiyyah do not merely interpret law; they

organise governance rationality itself.

Contemporary governance literature, particularly within secular administrative traditions, prioritises efficiency,

performance indicators, regulatory quality, and institutional effectiveness [1]. While these metrics are

indispensable for evaluating governance capacity, they remain normatively insufficient in societies where legal

legitimacy is inseparable from religious and ethical conformity.

This confirms the argument advanced by Hallaq [14] that Islamic legal rationality cannot be reduced to

procedural formalism; it is inherently ethical and purposive. The integration of qawāʿid into governance thus

offers a normative corrective to technocratic governance models.

The maxim al-mashaqqah tajlib al-taysīr, when read alongside al-yaqīn lā yazūlu bi al-shakk, offers a calibrated

model of discretion. Hardship legitimises facilitation, but facilitation remains constrained by legal certainty and

public interest. This resonates closely with contemporary theories of adaptive governance, which emphasise

flexibility bounded by institutional safeguards [11].

From an Islamic governance standpoint, discretionary power (taṣarruf) is never absolute. It is ethically and

legally bounded by maqāṣid, maṣlaḥah, and the prohibition of harm. The findings therefore support Kamali’s

[15] assertion that Islamic jurisprudence contains internal checks and balances that predate modern constitutional

governance models.

The prominence of al-ḍarar yuzāl within the findings reinforces its status as the cornerstone maxim of Islamic

public risk governance. Contemporary regulatory regimes increasingly adopt preventive and precautionary

approaches, particularly in public health, environmental protection, and consumer safety . The present analysis

demonstrates that this preventive orientation is deeply rooted in Islamic legal tradition through the doctrinal

obligation to remove and prevent harm.

Importantly, Islamic risk governance differs from secular precautionary models in one fundamental respect:

preventive intervention is framed as a religious duty, not merely a regulatory strategy. This distinction carries

profound implications for public compliance and moral internalisation of regulatory norms. As Auda [8] argues,

maqāṣid-oriented regulation transforms legal compliance into an act of ethical responsibility, thereby

strengthening governance effectiveness beyond procedural enforcement.

Modern governance increasingly recognises that regulatory success depends not only on formal legal instruments

but also on behavioural compliance, social norms, and cultural resonance. The maxim al-ʿādah muḥakkamah

provides an Islamic legal foundation for what contemporary policy theory describes as behavioural governance

and norm-based regulation.

The findings affirm that Islamic law does not impose a rigidly uniform regulatory model divorced from social

reality. Instead, it integrates custom as a source of normative authority, provided that it does not contravene

explicit Sharīʿah injunctions. This allows Islamic governance to achieve societal embeddedness, reducing the

reliance on coercive enforcement and enhancing voluntary compliance.

The cumulative findings of this study contribute to the evolving discourse on Islamic governance theory in three

major ways. First, they demonstrate that Qawāʿid Fiqhiyyah function as a regulatory grammar of Islamic

governance, structuring how authority, flexibility, risk, and social norms are juridically rationalised.

Second, the study bridges a persistent epistemic divide between fiqh-based normative reasoning and modern

governance science, showing that these domains are not methodologically incompatible but conceptually

complementary. Third, it supports the proposition advanced by contemporary scholars that Islamic legal theory

possesses a latent public policy architecture that remains under-utilised in modern state governance [13].

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However, this study also acknowledges its conceptual scope. While the analysis establishes the normative–

operational relevance of Qawāʿid Fiqhiyyah, empirical investigation is still required to assess how these maxims

are practically integrated into legislative drafting, administrative enforcement, and policy evaluation within

specific institutional settings.

Policy Implications: Operationalising Qawāʿid Fiqhiyyah in Public Governance

The findings of this study demonstrate that Qawāʿid Fiqhiyyah possess not only normative significance but also

direct operational relevance for contemporary public governance. Accordingly, this section outlines several key

policy implications for Muslim-majority states and Islamic public institutions seeking to strengthen governance

legitimacy, regulatory effectiveness, and ethical accountability. [8]

One of the most critical implications of this study is the need to embed Qawāʿid Fiqhiyyah explicitly within the

architecture of public policy formulation. At present, Islamic legal principles are often invoked rhetorically at

the level of general values, without being translated into operational design principles.

The analysis indicates that Qawāʿid Fiqhiyyah provide a normative framework for ethically bounded

administrative discretion. Contemporary governance systems often struggle with the tension between rigid rule

enforcement and arbitrary discretionary power. The calibrated balance offered by al-yaqīn lā yazūlu bi al-shakk

and al-mashaqqah tajlib al-taysīr supplies a Sharīʿah-based solution to this dilemma.

The maxim al-ḍarar yuzāl carries significant implications for the development of preventive governance regimes.

Rather than relying primarily on reactive regulatory interventions, Islamic governance frameworks may adopt a

proactive risk prevention model anchored in this maxim.

The maxim al-ʿādah muḥakkamah offers a robust Islamic legal basis for behavioural and culturally embedded

governance. Contemporary policy research increasingly recognises that durable compliance cannot be achieved

through coercive enforcement alone but requires social normalisation.

An important practical implication concerns human capital development in Islamic governance. The

operationalisation of Qawāʿid Fiqhiyyah at the policy and regulatory level requires public officials who are not

only administratively competent but also jurisprudentially literate in Islamic legal reasoning.

Finally, the findings support the development of a Sharīʿah-based governance compliance framework that

complements existing performance-oriented governance indicators. While conventional governance metrics

prioritise efficiency and output, a Qawāʿid-based framework would assess:

CONCLUSION AND FUTURE RESEARCH DIRECTIONS

This study has demonstrated that Qawāʿid Fiqhiyyah constitute a coherent normative–operational framework for

contemporary public governance rather than merely functioning as abstract juristic principles. By systematically

mapping the five major legal maxims onto core governance functions, the study establishes that Islamic legal

reasoning possesses an internal regulatory architecture capable of guiding policy formulation, administrative

discretion, public risk management, and social behavioural governance within modern state institutions.

The analysis confirms that al-umūr bi maqāṣidihā provides a teleological foundation for purpose-oriented

policymaking, ensuring that public action is evaluated based on alignment with public interest objectives. Al-

yaqīn lā yazūlu bi al-shakk reinforces legal certainty and institutional reliability, serving as a safeguard against

arbitrary governance. Al-mashaqqah tajlib al-taysīr legitimises adaptive regulation under conditions of hardship,

while maintaining normative discipline. Al-ḍarar yuzāl emerges as the cornerstone of Islamic preventive

governance, mandating proactive harm elimination as both a legal and ethical obligation. Finally, al-ʿādah

muḥakkamah embeds governance within the social and cultural fabric of society, enhancing voluntary

compliance and regulatory legitimacy.

Collectively, these findings reposition Qawāʿid Fiqhiyyah as a macro-level governance grammar that structures

the relationship between authority, public interest, flexibility, risk, and social norms in Islamic governance. The

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study further demonstrates that the perceived divide between Islamic legal theory and contemporary governance

science is not epistemically irreconcilable, but rather reflects an under-utilisation of Islamic normative resources

within modern administrative frameworks. In this regard, the article contributes to both Islamic legal studies and

governance theory by advancing a conceptual bridge between Sharīʿah-based reasoning and contemporary public

administration discourse.

From a policy perspective, the study underscores the feasibility of systematically integrating Qawāʿid Fiqhiyyah

into public governance design, regulatory ethics, and compliance frameworks in Muslim-majority contexts. Such

integration has the potential to enhance regulatory effectiveness, strengthen moral legitimacy, and promote long-

term institutional resilience by aligning technical governance mechanisms with deeply embedded religious-

ethical norms.

Empirical Institutional Case Studies

Future research should investigate how Qawāʿid Fiqhiyyah are practically operationalised within specific

governance institutions, such as public health agencies, environmental authorities, Islamic financial regulators,

and zakat or waqf administrations. Empirical case studies would allow for the assessment of implementation

gaps between normative frameworks and administrative practice.

Quantitative Governance and Compliance Analysis

Subsequent studies may employ survey-based or experimental methods to examine whether policy frameworks

explicitly grounded in qawāʿid produce higher levels of public trust, regulatory compliance, and ethical

internalisation compared to value-neutral regulatory models.

Comparative Cross-National Governance Studies

Comparative research across Muslim-majority and minority contexts would deepen understanding of how

diverse legal, political, and cultural environments mediate the application of Qawāʿid Fiqhiyyah within

governance systems.

Sector-Specific Policy Applications

Future scholarship may also explore the operational relevance of qawāʿid within specific policy domains such

as environmental governance, digital regulation, public finance, healthcare governance, and disaster

management, where issues of harm prevention, flexibility, and public interest are particularly pronounced.

Integration with Emerging Governance Technologies

With the increasing use of algorithmic regulation, artificial intelligence, and digital governance tools, further

studies are needed to examine how Qawāʿid Fiqhiyyah may function as ethical–juridical constraints within

emerging techno-regulatory environments.

In conclusion, this study affirms that Qawāʿid Fiqhiyyah are not merely relics of classical jurisprudence but

represent a living regulatory logic capable of informing contemporary governance in a manner that is ethically

grounded, socially embedded, and normatively coherent. By advancing their role as instruments of public

governance, this article invites a reorientation of Islamic legal scholarship from predominantly doctrinal analysis

towards applied, policy-relevant, and institutionally embedded research.

REFERENCES

1. United Nations Development Programme. Governance for Sustainable Development. New York: UNDP.

2. World Bank. Worldwide Governance Indicators. Washington, DC: World Bank.

3. Al-Qarāfī. Al-Furūq. Beirut: ʿĀlam al-Kutub.

4. Ibn Nujaym. Al-Ashbāh wa al-Naẓāʾir. Beirut: Dār al-Kutub al-ʿIlmiyyah.

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