This research focuses on examining the impact of the principle of Sadd al-Dhari’ah (blocking the means) on the concept of sovereignty, addressing the tension between the sovereignty of Sharia and the sovereignty of the people or the nation. This debate carries significant implications for the nature of the political system in a Muslim state, the applicable laws, and governance principles. Sadd al-Dhari’ah is a critical jurisprudential principle, serving as a mechanism for adapting to developments, safeguarding the objectives of Sharia, and preserving the spirit of legislation. It is one of the most essential principles underpinning ijtihad (independent reasoning) in deriving rulings for new issues.

In this study, we analyzed the impact of the principle of Sadd al-Dhari’ah in the context of those who advocate for popular sovereignty versus those who uphold the sovereignty of Sharia. The study concluded that granting sovereignty to the people ultimately leads to a departure from the objectives of Islamic Sharia. This results in ruling by what Allah has not revealed, deviating from Islamic sources of legislation, and contradicting them.

Title

مجلة جامعة الزيتونة الدولية

Publisher

جامعة الزيتونة الدولية

Publisher Country

Syria

Publication Type

Both (Printed and Online)

Volume

30

Year

2025

Pages

30