Fiqh deals with what people…

Fiqh deals with what people will do; an example is war, we know people will fight, so Fiqh deals with what to do when war does break out. The idealizations about there being no war are interesting, but Fiqh and Shariah has to deal with the reality of what to do when conflict does break out, when ugly things do happen.

It is important to note that the Shariah is all-encompassing in such cases, it is not like many secular lands where the written constitution gives all sorts of guarantees and rights, but if a serious conflict or crisis breaks out, in many cases emergency powers are enacted, the constitution is altogether suspended or secretly violated (since no concrete provisions were made for serious crises), martial law is declared, and so on.