Role of Siyasah Al-Shar’iyah in Reformation of Muslim Family Laws in Sub-Continent: Historical Evolution

Abstract

Islamic law aims protection and prosperity of human society included all social and political aspects. Islamic legislative history evaluated a jurisprudential principle termed as “Siyasah al-Shar’iyah” equal to public policy. This doctrine of Muslim law broadly authorizes the ruler to determine blueprint to implement spirt of Shar’iyah without violation of thereby. The paper in hand will describe the theoretical perspectives of Siyasah al-Shar’iyah. It will provide its historical evaluation and practical legal perspective in the sub-continent. This study will explore the sub-continent ruler intrusions in family laws and its corollaries. Moreover, it will highlight the nature and status of Siyasah in this contemporary era. This paper will pave the way to reform the family laws of the Pakistan.