The Principle of  Disorganization of the Existing System [of Government] and its Scope in the Islamic Jurisprudence (fiqh)

The principle of ‘preserving the existing Islamic system’ or ‘disorganizing the existing Islamic system’ has been extensively referred to by Muslim jurists in their jurisprudential (fiqhi) discussions. This suggests the fact that this principle, as a jurisprudential principle, has gained wide applications. The principle under discussion is validated as it is thought to be “rationally necessary” or “backed up by the wise legislator’s rational ratification.” The principle expresses itself in a social system with its various aspects, though sometimes it has been applied in the sense of ‘political system’ or ‘Islamic territories’. This article seeks to cast light on the applications of this principle in Islamic jurisprudence (fiqh) and its wide scope in this discipline. The ‘principle of disorganization of the existing system’ in its current sense, though it seems to assume a secondary designation which governs in the realm of primary prescripts, nevertheless, if it is looked at carefully, it shows that it can be used as a basis for some other jurisprudential principle or judgment such as ‘IsÁlat al- Ñihhah fi FiÝl al-Ghayr, the principle of ‘Yadd’[adversus extranoes vitiosa possession], the ‘principle of QurÝah’, the principle of ‘ Sowq al-Muslimin’ or ‘Muslim Market’, etc. and finally, in some other cases, it is rendered as a basis for people’s social tights and obligations as well as for determining its scope.