Jurisprudence studies and cultural law

Jurisprudence studies and cultural law

The Rule of the Obligation to Preserve Social Order in Imami and Sunni Jurisprudence: Foundations, Scope, and Its Contemporary Functions in the Jurisprudence of Governance and System-Building

Document Type : Original Article

Authors
1 Associate Professor, Department of Jurisprudence and Law, Faculty of Jurisprudence, Shahid Motahari University, Tehran, Iran
2 Department of Jurisprudence and Private Law, Faculty of Sciences and Education, Al-Mustafa Al-Alamiyah University, Qom Al-Sharif, Iran. Higher Levels, Qom Seminary, Qom Al-Sharif, Iran.
10.22034/cjls.2026.2073832.1071
Abstract
This study examines the rule of the obligation to preserve social order (wujūb ḥifẓ al-niẓām) as one of the overarching maxims of Islamic jurisprudence, which plays a pivotal role in explaining and deriving many social, political, and economic rulings. The central question of the research concerns the sharʿi (scriptural) and rational foundations of this rule and its function in organizing the Islamic social system, particularly in contemporary contexts. The research adopts a descriptive–analytical method: it first outlines the conceptual dimensions of the rule of preserving social order and then critically analyzes its evidences through an argumentative approach. The objectives of the study are to clarify the position of this rule among juristic maxims, to identify its Qurʾanic, narrational, and rational foundations, and to analyze its implications and functions in the domains of governance and social order. The findings demonstrate that the obligation to preserve social order is deeply rooted in the fundamental objectives of the Sharīʿa. Evidences such as the prohibition of corruption, the command to establish justice and equity, the necessity of leadership and political authority, as well as the dictates of reason and the established practice of rational agents, provide strong support for this rule. The results further indicate that, in the contemporary era, this rule plays a decisive role in legitimizing political authority, legislation, public security, social justice, and the regulation of economic relations. Accordingly, it may be regarded as a key link between reason, Sharīʿa, and justice in the social philosophy of Islamic jurisprudence.
Keywords


Articles in Press, Accepted Manuscript
Available Online from 21 February 2026