الأسس الشرعية والضوابط الحقوقية الناظمة للبيئة العمرانية في الإسلام في ضوء مقاصد الشريعة

This study aims to highlight the "objective of architecture" (maqṣid al-ʿimārah)—in its comprehensive sense, encompassing righteous construction and urban development—as a significant, foundational, overarching objective within sharīʿah. It also seeks to analyze the profound jurisprudential and Maqāṣid-based foundations and regulations that govern construction and its principles within the rich framework of Islamic jurisprudence. The research adopted a descriptive-analytical methodology to elucidate concepts and define frameworks, and an inductive methodology to trace sharīʿah texts and the opinions of jurists regarding the jurisprudence of architecture (fiqh al-ʿimārah), its goals, and its objectives. The study concluded that sharīʿah has accorded exceptional and profound attention to regulating architectural affairs to achieve the recognized welfare of humanity, both in this life and the hereafter. This encompasses matters related to the necessities (ḍarūriyyāt) of religion, life, intellect, progeny, and property, as well as those that rise to the level of needs (ḥājiyyāt) and perfections (taḥsīniyyāt). This was manifested in an integrated and well-established legal and legislative system that governs the interactive relationship between humans and their built and natural environments. It meticulously observes neighborhood rights as a cornerstone for peaceful coexistence, emphasizes the principle of preventing and removing harm, ensures the covering of private parts (ʿawrāt) and the safeguarding of private spaces, and stringently mandates the quality of building materials and craftsmanship to ensure safety and sustainability. The study emphasizes the need to draw inspiration from these maqāṣid-based regulations and to activate them within the context of contemporary architectural and urban planning. This is crucial for addressing current multifaceted challenges and achieving comprehensive, sustainable civilizational development that is congruent with Islamic values and principles.