Arab German Journal of Sharia and Law Sciences (AGJSLS)

Considering religious interests in the reasoning of Islamic rulingse Study

Haifa Bakhshwain — 2025-08-01

The reasoning behind Islamic rulings holds great significance, as it is one of the most debated issues in the field of Usul al-Fiqh (principles of Islamic jurisprudence), around which jurists, scholars of Usul, and theologians have long disputed. Scholars have made efforts to uncover the reality and cause of this disagreement. Despite the differing opinions, all scholars agree that Islamic rulings are established to realize benefits (masalih) and prevent harms (mafasid) in both this world and the Hereafter. The majority of scholars who affirm the authority of analogical reasoning (qiyas) have cited this as evidence for its validity and have used it to oblige those who disagree.
Upon examining the Qur’an and the Sunnah, it becomes clear that the Divine Legislator (Allah, Glorified be He) did not limit the linkage of rulings to worldly interests alone; rather, religious interests also played a significant role. This observation has prompted deeper reflection and contemplation upon the Qur’an and the Sunnah to better understand this diversity in reasoning based on meanings that encompass appropriate benefits.
This study aims to explore the various types of interests upon which rulings can be based, and to encourage further contemplation and reflection on the verses that include legal rulings, in order to discern the wisdom behind them. The research addresses the terms ‘illah (legal cause), hikmah (wisdom), and maslahah (benefit), and the relationship between them. It also discusses the permissibility and significance of reasoning behind rulings in general, and more specifically the reasoning based on benefits and wisdoms, along with their applications.
Among the study’s findings is that incorporating both worldly and religious benefits and wisdoms in the reasoning of rulings reflects the perfection and beauty of Islamic law. Furthermore, surveying the components of Sharia shows that rulings are indeed based on wisdoms and interests, since the aim of legislation is to bring about benefit, repel harm, or achieve both. Reasoning based on wisdom fulfills this objective. Moreover, such reasoning is a form of ijtihad grounded in the consideration of the higher objectives and universal principles of Sharia, which empowers the jurist to address unprecedented and continually emerging issues.

Criminal Electronic Surveillance, Challenges and Opportunities in Moroccan Legislation: A Comparative Study

Abdelfettah Belhoucine — 2025-06-03

Sanctions involving deprivation of liberty, especially short-term sentences, have shown negative repercussions in reinforcing criminal behavior, as evidenced by numerous field studies. This is particularly the case when dealing with certain offenses or categories of offenders where deprivation of liberty is not necessarily in the best interest of justice. Repeated criticism of such penalties has paved the way for the exploration of more effective punitive systems, taking advantage of technological advancements—one example being the adoption of electronic criminal monitoring.
This study aims to define the concept of electronic criminal monitoring and discuss its theoretical and practical applications using deductive and comparative methodologies. The findings highlight that this system achieves a significant balance between deterrence and rehabilitation, particularly in European legal frameworks. However, it notes that Moroccan legislation has limited its application to only two forms: first, as an alternative to custodial sentences not exceeding five years, and second, as a measure within judicial supervision. This contrasts with other legal systems that have expanded its scope to serve as both a primary punishment and a post-sentence security measure.
Accordingly, the study recommends that Moroccan lawmakers broaden the application of electronic criminal monitoring in line with available financial, human, and logistical resources. It also suggests extending its use to juvenile offenders under judicial supervision and strengthening the safeguards of the system to ensure its compliance with constitutional and legal principles.

The Essential Objectives Behind the Prophet’s Intentions: Preserving Religion as a Model

Mohammad Alhusban — 2025-06-03

Just as the actions and sayings of the Prophet (peace be upon him) reflect legal and ethical objectives, so too do his intentions. He would not seriously consider any matter unless it was something required by Islamic law—unless a revealed text indicated otherwise. Intention is one of the stages that lead to action, which include a passing notion, a fleeting thought, internal reflection, serious consideration, and firm determination.

This study aims to shed light on a lesser-explored aspect of the Prophetic tradition: the matters the Prophet (peace be upon him) seriously considered but did not ultimately carry out. In particular, it focuses on the fundamental objective of preserving religion. The importance of this study lies in the precision required to interpret such intentions correctly, as they can form the basis for legal and ethical reasoning.

The study examines several examples of things he considered doing: burning the houses of those who abandoned congregational prayer; sending out companions on missions; being present on military expeditions; and demolishing the Kaʿbah. These cases are highly sensitive and must be understood strictly within their proper legal and historical context.

Among the key findings is that the Prophet’s intentions refer to matters he seriously considered acting upon but did not carry out due to some preventing factor. These intentions were expressed either verbally or through actions that implied intent. The objectives behind these intentions vary: some serve essential purposes, such as the preservation of religion, life, wealth, intellect, and lineage—where the objectives of preserving religion and life often appear together, and the proper ranking of objectives is observed in cases of competing priorities. Others serve necessary or complementary purposes, which this study recommends for further exploration.