فقه العمران المقاصدي: دراسة تحليلية للأسس الشرعية والضوابط الحقوقية الناظمة للبيئة العمرانية في الإسلام وآفاق تفعيلها المعاصر

This study aims to highlight "Maqsad al-'Umran" (the higher, comprehensive objective of civilizational development and righteous construction) as a significant and foundational overarching objective within Islamic Shari'ah. It further seeks to analyze the profound jurisprudential and Maqasid-based foundations and regulations governing construction within the rich framework of Islamic jurisprudence. The research adopted a descriptive-analytical methodology to elucidate concepts and define frameworks, and an inductive methodology by meticulously tracing original Shari'ah texts (Qur'an and Sunnah) and the opinions and rulings of esteemed jurists as documented in their jurisprudential works related to the jurisprudence of urbanism and its noble objectives. The study conclusively determined that Islamic Shari'ah, as a comprehensive way of life, has accorded exceptional and profound attention to regulating urban development. This regulation aims to achieve the recognized welfare of humanity, both in this life and the hereafter, encompassing the preservation of religion, life, intellect, progeny, and property (the five necessities), as well as fulfilling essential needs (Ḥājiyyāt) and desirable perfections (Taḥsīniyyāt). These sublime objectives are manifested in an integrated legal and legislative system that governs the interactive relationship between humans and their built and natural environments. This system meticulously observes neighborhood rights as a cornerstone of peaceful coexistence, emphasizes the principle of preventing and removing harm, diligently ensures privacy and the covering of 'awrah (that which should be concealed), and stringently mandates the quality of construction materials and craftsmanship to ensure safety and sustainability. The study concludes by emphasizing the paramount importance and urgent necessity of deriving inspiration from these original Maqasid-based regulations and activating them within the context of contemporary urban planning. This is crucial for addressing current multifaceted challenges and achieving comprehensive, sustainable civilizational development congruent with Islamic values and principles.