The purposive diligence in jurisprudential emergencies and the precautionary measures of the guardian: COVID-19 as a case study

Abstract

This research holds paramount significance, as it delves into the essence of an issue that is ancient yet contemporary, stemming from the legal objectives aimed at preserving the paramount necessity, which is human life. It also aims to uphold and apply the legal principles established to bring about benefits, prevent harms, and minimize them. Islamic jurisprudence bestows a significant status upon the custodian, commanding obedience and forbidding disobedience. It grants them the right to take precautionary measures aligned with legal objectives. This paper defines the concept of jurisprudential issue (Nāzila), its categories, and synonymous terms. It delineates the stages of its emergence, development, and considerations in its evaluation. It provides Islamic legal provisions for the COVID-19 pandemic, elucidates its legal objectives, and outlines the criteria that scholars and jurists must consider when deliberating on the jurisprudential issue. It expounds on the foundations of deducing from legal objectives and categorizes the precautionary measures taken by the custodian, while elucidating the boundaries of their authority in regulating them. Additionally, it substantiates the ruling of imposing financial penalties on those who do not adhere to the precautions. The legislative purpose in a nation's system is to ensure its well-being and tranquility, and Islamic law entrusts the ruler with the execution of God's decrees. This research addresses the dilemmas and inquiries faced by the nation regarding the precautionary measures taken by the custodian to address the effects of the COVID-19 pandemic, and by the grace of God, it provides answers to these questions.