Dismissal of Leaders According to the Principles and Methods of Fiqh (Legal Maxim): According to the Views of Imam al-Syafie and Imam al-Ghazali

Abstract

This study examines the dismissal of leaders from the perspective of fiqh principles and legal maxims, focusing on the views of Imam al-Shafi'i and Imam al-Ghazali. The analysis highlights key fiqh maxims such as; al-darar yuzal (harm must be eliminated), al-mashaqqah tajlib al-taysir (hardship brings ease), and sadd al-dhara'i (blocking the means to harm) as foundational justifications for removing a leader who fails to uphold leadership trust and justice. Employing a qualitative approach based on document and comparative textual analysis of classical and contemporary sources, the findings reveal that both scholars agree that leadership dismissal is permissible when justice, trust, and administrative competence are violated. Imam al-Shafi'i emphasizes legal and formal legitimacy, while Imam al-Ghazali focuses on maslahah (public interest), stability, and the prevention of societal discord. The synthesis of their perspectives forms a balanced fiqh siyasah framework that harmonizes the pursuit of justice with political stability. The study concludes that leadership removal is not merely a political act but a shar'ī mechanism grounded in maqasid al-shariah, ensuring public welfare and remaining relevant to contemporary constitutional democracies such as Malaysia.