An Applied Study on Contemporary Jurisprudential Issues: The Difference Between Abuse in Exercising Rights and the Roles of Stratagem and Closing the Means

Abstract

Objective: This study aims to present the Sharīʿa's perspective on the abuse of rights and to identify the relationship between abuse, stratagem, and closing the means. The study also explores the transition from theories to their practical applications. Methodology: The study adopts a descriptive approach by defining the concepts of abuse of rights, stratagem, closing the means, and presenting their legal perspectives and classifications. Additionally, a comparative methodology is utilised to determine the points of agreement and differentiation among the three dimensions of the study. Results: Jurisprudential theories in Islamic legislation have impacted attaining its intended objectives and addressed many emerging issues and challenges in contemporary society. The theory of abuse of rights applies in Islamic jurisprudence to rights, permissions, and public freedoms without exception. The opponents of stratagem discussed its purpose and effect on achieving objectives, demonstrating its contradiction or nullification of interests. They highlighted that the impact of stratagem is not limited to the legal subject but extends to the core of religious rulings and the misuse of legitimate causes, which is a mockery of the wisdom of the Sharīʿa. Moreover, abuse in exercising rights must be intentional by the perpetrator. Originality: The scientific value of this study derives from its clarification of the role of the state (ruler) in enacting laws, legislation, and regulations that protect lives and ensure the stability, security and overall peace desired by humankind.