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

Hardcover

ISBN 10: 1498549934 ISBN 13: 9781498549936

Publisher: Lexington Books (UK), 2018

Synopsis

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” (maqa?id al-shari‘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 maqa?id 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 maqa?id theory, arguing that it is designed not to reform laws, but to support existing power structures. They warn that adopting the maqa?id 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 Maqa?id al-Shari‘acaptures the ongoing debate between proponents and skeptics of the maqa?id theory. It raises some of the most important issues in Islamic legal debates today, and lays out visions for the future of Islamic law.

About this title

About the Authors

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.

Edition details

• Publisher: Lexington Books (UK)
• Publication date: 2018
• Language: English
• ISBN 10: 1498549934
• ISBN 13: 9781498549936
• Binding: Hardcover
• Number of pages: 312
• Editor: Idris Nassery, Rumee Ahmed, Muna Tatari