the promises and challenges of the Maqāṣid al-sharīʻa /
edited by Idris Nassery, Rumee Ahmed, and Muna Tatari ; epilogue by Anver Emon.
Lanham, Maryland :
Lexington Books,
[2018]
vi, 305 pages ;
24 cm
Includes bibliographical references and index.
Goals and purposes Maqāṣid al-sharīʹah : methodological perspectives / Mohammad Hashim Kamali -- Realizing Maqāṣid in the Sharīʹah / Jasser Auda -- Freedom of religion in the age of multi-religious societies with special reference to Maqāṣid al-sharīʹah / Muhammad Khalid Masud -- The inviolability of human dignity : a Maqaēṣidī perspective / Idris Nassery -- Qurʹān, Sunnah, Maqāṣid and the religious other : the ideas of Muḥammad Shaḥrūr / Adis Duderija -- Ibn ʹĀshūr's interpretation of the purposes of the law (Maqāṣid al-sharīʹah) : an Islamic modernist approach to legal change / Felicitas Opwis -- Maqāṣid al-sharīʹah in Islamic contracts : a study of current practices of Islamic finance in light of Islamic legal maxims / Younes Soualhi -- Reason and revelation : a meaningful contribution to contemporary ethical debates in a secular context / Muna Tatari -- The hermeneutical approach of Shāṭibī on the basis of the Maqāṣid definition of reason : fundamental issues of a modern reinterpretation / Mohammed Nekroumi -- The challenge facing Islamic banking and finance : has it moved away from its core objectives, with special reference to Maqāṣid? / Habib Ahmed -- The relationship between Maqāṣid al-sharīʹah and Uṣūl al-fiqh / Cefli Ademi -- Which comes first, the Maqāṣid or the Sharīʹa? / Rumee Ahmed -- How objective are the objectives (Maqāṣid)? : examining evolving notions of the Sharīʹah through the lens of lineage (Nasl) / Ayesha S. Chaudhry -- Maqāṣid al-sharīʹah as a legitimization for the Muslim minorities law / Mouez Khalfaoui -- Epilogue / Enver Emon.
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"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 Shari'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'a captures 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."