معايير سن القوانين و اللوائح التنظيمية للحد من آثار جائحة كورونا المستجد : دراسة تحليلية من المنظور الشرعي

الملخص EN

The emerging corona virus (Covid-19) pandemic has raised many questions and disagreement from different sides, each according to his thoughts and belief.

Those with liberal thought found in the restrictions imposed on them by the force of law as nothing but a means to restrict public freedoms, and those of capitalist thought found in it a restriction of the principle of the free market.

Consequently, governments shall not deeply interfere in social and economic affairs.

As for Islam, Islamic law has specific rules that have legal goals to achieve public interests.

Those rules are deduced from divine texts that do not give the right to one group without another, but rather aim to ward off inevitable corruption, or achieve public interest, or treat harm or relieve embarrassment for the ummah.

A pandemic or catastrophe may afflict the entire nation, and impose harm to everyone.

Therefore, the function Shariah is to legislate rules that aim to distribute this harm to everyone and balance interests among the contracting parties.

Thus, one party does not bear the full damage without the involvement of the other party.

Overall, everyone becomes partially affected and absorb part of the damage, while whole society remains safe and escaped from a total destruction.

This paper aims to shed the light on the legislative standards adopted by Islamic law in the enactment of laws and regulations and their applications, particularly in the event of pandemics or emergency circumstances.

The paper analyses the legislative mechanism for enacting laws and regulations under the Shariah legal system, through which the state (the Wali Al-Amr) seeks to achieve economic, social and health security.

In addition, it defines the standards that are used as a guide and directive in the enactment of these laws and regulations, especially in case of emergency circumstances.

The paper concludes that the applied scientific studies are considered an effective standard in legislating new laws to regulate the social and economic life of a Muslim state, especially in cases of contemporary issues.