Idris Nassery is postdoctoral fellow in the Institute of Islamic Theology at the University of Paderborn. Rumee Ahmed is associate dean of arts and associate professor of Islamic law at the University of British Columbia. Muna Tatari is assistant professor of Islamic systematic theology in the Institute of Islamic Theology at the University of Paderborn.

Objectives of Islamic Law The Promises and Challenges of the Maqasid al-Shari'a

Nassery, Idris Ahmed Rumee Tatari, Muna

Innbundet / 2018 / Engelsk

Nassery, Idris Ahmed Rumee Tatari, Muna

Innbundet / 2018 / Engelsk

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The Objectives of Islamic Law is an excellent collection of essays on the increasingly popular subject of maqasid al-shari’ah, including several that are written by world-renowned experts in the field. With its multi-perspectival and fresh treatments of many maqasid-related themes, this book is highly recommended reading, especially for those interested in deepening their understanding of an alternative view—the maqasid approach—of the meaning, place, and role of the Sharia in contemporary Islam that now has growing appeal among its intellectual circles.

- Osman Bakar, Universiti Brunei Darussalam,

The Objectives of Islamic Law is a much welcomed and indispensable source for the academic study of maqāṣid al-sharī‘a.

- Lena Larsen, University of Oslo,

This is an excellent volume on the important subject of maqasid al-shari'ah, featuring contributions from leading experts on the subject. This volume certainly makes a significant contribution to the discourse on the evolution of Islamic law and I recommend it highly.

- Mashood Baderin, Professor of Laws, SOAS, University of London,

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‘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.

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This book captures the growing debate among Muslim scholars about the theory of the “Objectives of the Sharī‘a” (maqāṣid al-sharī‘a) and its role in reforming Islamic law. The book is divided into two parts—one highlighting the theory’s potential and the other its challenges.

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Editor’s Introduction Part I: Promises 1. Goals and Purposes Maqāṣid al-Sharīʿah: Methodological Perspectives Mohammad Hashim Kamali 2. Realising Maqāṣid in the Sharīʿah Jasser Auda 3. Freedom of Religion in the Age of Multi-Religious Societies with Special Reference to Maqāṣid al-Sharīʿah Muhammad Khalid Masud 4. The Inviolability of Human Dignity: A Maqāṣidī Perspective Idris Nassery 5. Qur’ān, Sunnah, Maqāṣid and the Religious Other: The Ideas of Muḥammad Shaḥrūr Adis Duderija 6. Ibn ʿĀshūr’s Interpretation of the Purposes of the Law (Maqāṣid al-Sharīʿah): An Islamic Modernist Approach to Legal Change Felicitas Opwis 7. Maqāṣid al-Sharīʿah in Islamic Contracts: A Study of Current Practices of Islamic Finance in Light of Islamic Legal Maxims Younes Soualhi Part II: Challenges 8. Reason and Revelation: A Meaningful Contribution to Contemporary Ethical Debates in a Secular Context Muna Tatari 9. The Hermeneutical Approach of Shāṭibī on the Basis of the Maqāṣid Definition of Reason: Fundamental Issues of a Modern Reinterpretation Mohammed Nekroumi 10. The Challenge Facing Islamic Banking and Finance: Has It Moved Away From Its Core Objectives, With Special Reference to Maqāṣid? Habib Ahmed 11. The Relationship between Maqāṣid al-Sharīʿah and Uṣūl al-Fiqh Cefli Ademi 12. Which comes first, the Maqāṣid, or the Sharī‘ah? Rumee Ahmed 13. How Objective are the Objectives (Maqāṣid)? Examining Evolving Notions of the Sharī‘ah through the Lens of Lineage (Nasl) Ayesha S. Chaudhry 14. Maqāṣid al-Sharīʿah as a Legitimization for the Muslim Minorities Law Mouez Khalfaoui Epilogue: Anver Emon

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