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The Objectives of Islamic Law
The Promises and Challenges of the Maqasid al-Shari'a
Editors:
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Publisher:
2020
Summary
Scholars, thinkers, and activists around the world are paying increasing attention to a legal reform method that promises to revolutionize the way people think about Islamic law. Known as “The Objectives of the Sharī‘a” (maqāṣid al-sharī‘a), the theory offers a way to derive and apply new Islamic laws using an ancient methodology. The theory identifies core objectives that underlie Islamic law, and then looks at inherited Islamic laws to see whether they meet those objectives. According to the maqāṣid theory, historical Islamic laws that meet their objectives should be retained, and those that do not—no matter how entrenched in practice or embedded in texts—should be discarded or reformed.
Recently, several scholars have questioned the maqāṣid theory, arguing that it is designed not to reform laws, but to support existing power structures. They warn that adopting the maqāṣid wholesale would set the reform project back, ensuring that inherited Islamic laws are never fully reformed to agree with contemporary values like gender-egalitarianism and universal human rights.
The Objectives of Islamic Law: The Promises and Challenges of the Maqāṣid al-Sharī‘acaptures the ongoing debate between proponents and skeptics of the maqāṣid theory. It raises some of the most important issues in Islamic legal debates today, and lays out visions for the future of Islamic law.
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Bibliographic data
Copyright year
2020
ISBN-Print
978-1-4985-4993-6
ISBN-Online
978-1-4985-4994-3
Publisher
Lexington, Lanham
Language
English
Pages
306
Product type
Edited Book
Table of contents
ChapterPages
Contents No access
Editors’ Introduction No access Pages 1 - 4
Chapter 1 Goals and Purposes Maqāṣid al-Sharīʿah No access
Chapter 2 Realizing Maqāṣid in the Sharīʿah No access
Chapter 3 Freedom of Religion in the Age of Multi-Religious Societies with Special Reference to Maqāṣid al-Sharīʿah No access
Chapter 4 The Inviolability of Human Dignity No access
Chapter 5 Qur’ān, Sunnah, Maqāṣid, and the Religious Other No access
Chapter 6 Ibn ʿĀshūr’s Interpretation of the Purposes of the Law (Maqāṣid al-Sharīʿa) No access
Chapter 7 Maqāṣid al-Sharīʿah in Islamic Contracts No access
Chapter 8 Reason and Revelation No access
Chapter 9 The Hermeneutical Approach of Shāṭibī on the Basis of the Maqāṣid Definition of Reason No access
Chapter 10 The Challenge Facing Islamic Banking and Finance No access
Chapter 11 The Relationship between Maqāṣid al-Sharīʿah and Uṣūl al-Fiqh No access
Chapter 12 Which Comes First, the Maqāṣid or the Sharīʿa? No access
Chapter 13 How Objective Are the Objectives (Maqāṣid)? No access
Chapter 14 Maqāṣid al-Sharīʿah as a Legitimization for the Muslim Minorities Law No access
Epilogue No access Pages 285 - 296
Index No access Pages 297 - 302
About the Contributors No access Pages 303 - 306
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