The use of maqasid al-shari’ah between methodological and liberal approaches: some critical reflection
Maqasid of the Shariah is about understanding the end-goals and purposes of both individual rulings and overall sum-total of the Shariah laws. In the mind of its original expounders, maqasid of the Shari’ah both at foundation and level of operation as a means of legal deduction is bound by the fr...
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| Main Authors: | , |
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| Format: | Article |
| Language: | English English |
| Published: |
LexisNexis
2021
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/89669/2/Dr%20%20Sayed%20Letter%20of%20Acceptance.pdf http://irep.iium.edu.my/89669/13/89669_The%20use%20of%20maqasid%20al-shari%E2%80%99ah%20between%20methodological%20and%20liberal%20approaches%20some%20critical%20reflection.pdf http://irep.iium.edu.my/89669/ http://www.lexisnexis.com.my/en-my/products/shariah-law-journal.page |
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| Summary: | Maqasid of the Shariah is about understanding the end-goals and purposes of both
individual rulings and overall sum-total of the Shariah laws. In the mind of its
original expounders, maqasid of the Shari’ah both at foundation and level of
operation as a means of legal deduction is bound by the framework and parameters
of the Quran and Sunnah. In contemporary time, however, this proposition has
been questioned by some segments who tend to advocate the laissez-faire use of
maqasid al-Shari’ah to understand and construct Islam and its various systems. To
their critics, this is a lopsided approach to maqasid of the Shariah which dilutes not
only the religio-ethical nature of law-making in Islam but has the potential of
desacralising Islam and its legal system. Using content analysis method, this article
argues that Islamic methodology of legal construction does not admit any disconnect
between maqasid of the Shariah and its roots in the legal texts of the Qur’an and the
Sunnah. |
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