Public Policy in the Muslim Majority Countries: A Discussion for Public Interest

Abstract

There is a consensus among the Muslim scholars that the laws of the Shari’a are for the realization of public interest (maslaha). To protect ‘public interest’ of every community, the Shari’a allows the continuation of local customs (urf), and adat (customary laws) not contradicting the fundamental principle of the Unity of God (Tawhid) or any explicit injunction. This essay deals with the question: if public interest is the focus of the religion, how public policy on contemporary issues can be dealt with in the Muslim majority countries. The essay is based on a content search of the Qur’an, Hadith, and other relevant publications.

Keywords: Fundamentalism, Human Relationships, Isma, Ijtihad, Istihsan, Maslahah, Maslaha, Public Good, Public Interest, Qias, Shari’A, Shari’Ah, Muslim Majority Countries

JEL Classification: Z12, Z18, H41