The Sharia Morality in Public Affairs ManagementA Critical Analysis of Wael Hallaq's Theory

Abstract

Wael Hallaq denied that Sharia, by virtue of its morality in managing public affairs, relies on mechanisms of control, surveillance, and punishment. As a result, he denied that one of the focuses of Sharia is the production of a law-abiding citizen, subject to the values of order and discipline, and economically productive workers; he believes that these mechanisms are only used by the modern law and not Sharia. In addition, Hallaq claimed the rhetoric of the sharia practice because of its morality, and by virtue of this rhetoric he denied the existence of authority, medicine and prison in Sharia. Hence, this research aims to show that the Sharia, despite its morality, relies on mechanisms that Hallaq considers to be used only by the modern law. The importance of this research is that these mechanisms will ensure the effectiveness of Sharia in managing public affairs, especially for the morally weak who can only be disciplined by these mechanisms. By adopting a critical analytical approach, the research concluded that the Sharia, with its morality, also relies on mechanisms of control, surveillance, and punishment in the management of public affairs; and that Sharia  focuses on producing a law-abiding citizen, subject to the values of order and discipline, and economically productive workers; and that the Sharia practice being rhetoric does not mean the absence of legal practice in Sharia, as the examples of non-rhetoric practice Hallaq mentioned, including authority, medicine, and prison, exist also in the Sharia.