The Impact of the Maxim ‘Conduct toward Subjectsis Contingent upon Public Interest’ in Contemporary Islamic Political Jurisprudence

Abstract

Public interest serves as a well-defined guiding principle employed by rulers, politicians, and leaders in governing the affairs of the nation and ensuring its welfare. From this standpoint, the jurists of Islamic law formulated the legal maxim stating that “the ruler’s actions toward his people are contingent upon the public interest.” This maxim is, in fact, one of the most important principles in the field of Islamic governance (al-siyāsah al-sharʿiyyah), as it constitutes the foundation for deriving rulings on newly emerging issues and unprecedented cases for which there is no explicit text in the Qur’an or the Sunnah. Contemporary legal systems contain numerous applications rooted in this very principle, such as the expropriation of private property for public benefit, and the presumption of criminal intent in certain types of crimes.