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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" (maqasid 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 maqasid
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 maqasid theory,
arguing that it is designed not to reform laws, but to support
existing power structures. They warn that adopting the maqasid
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 Maqasid al-Shari'a captures the ongoing debate between
proponents and skeptics of the maqasid theory. It raises some of
the most important issues in Islamic legal debates today, and lays
out visions for the future of Islamic law.
Shortlisted for the William Saroyan International Prize 2022
'Engrossing...brilliant' Monica Ali 'Heartbreaking and really
funny' Ross Gay 'This book fell into my heart' Sabrina Mahfouz 'The
kind of authentic voice that is rarely heard' Saima Mir Ayesha
tells the story of growing up in a fundamentalist Muslim household;
of parents who spent most of their lives away from Pakistan; of
stealing her mother's hijabs to wear to school as a five-year-old;
of revisiting the beliefs and ideals she was raised with; of failed
dreams and heartbreaks, but also of joy and love. Life-affirming
and funny, The Colour of God uncovers surprising answers to
questions of faith, belonging, family and liberation, and offers a
vision of freedom that isn't measured in fabric.
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" (maqasid 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 maqasid
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 maqasid theory,
arguing that it is designed not to reform laws, but to support
existing power structures. They warn that adopting the maqasid
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 Maqasid al-Shari'a captures the ongoing debate between
proponents and skeptics of the maqasid theory. It raises some of
the most important issues in Islamic legal debates today, and lays
out visions for the future of Islamic law.
"At the age of twenty-three, Ayesha removed her face veil to begin
her studies in New York City. Braiding together Western, South
Asian and Qur'anic storytelling styles, the author illuminates what
it means to exist in a world that demands something different from
each of her identities. With lyrical prose and scholarly precision,
she weaves her personal experiences with incisive social commentary
to uncover the meaning of faith and belonging, love and betrayal,
family and womanhood. In so doing, she offers us a vision of
freedom that isn't measured in fabric."
How do modern Muslims' attitudes to marital violence and patriarchy
relate to the Islamic tradition? In recent years, discussion
regarding the interpretation of the Qur'an has become highly
controversial. Especially contentious is passage 4:34, which covers
the legitimacy of marital violence and the subjugation of women
within Islam. Scholarly opinion on the topic is heavily influenced
by contemporary context, so the issue remains largely unsettled.
While pre-colonial Islamic jurists permitted the use of violence
against women, they still held ethical concerns about the
disciplinary privileges of husbands. Consequently, the debate for
these early scholars was focussed on the level of violence
permitted, and how to apply the three disciplinary steps:
admonishment, abandonment, and physical abuse. Ayesha Chaudhry
argues that all living religious traditions are rooted in a
patriarchal, social, and historical context, and they need ways to
reconcile gender egalitarian values with religious tradition.
Post-colonial, modern Islamic scholars that consult the Qu'ran for
gender-egalitarian interpretations must confront a difficult and
unique debate: equality vs authority. As in many religions,
authority is derived from tradition, rebelling from which results
in a loss of authority in the eyes of the community. Chaudhry
reveals that Muslims do not speak with one voice about Islam.
Instead, Muslim scholarly discourse is spirited and diverse. The
voices of contemporary Muslim scholars enrich the scope of the
'Islamic tradition'. Many recent works on Islam strive to promote a
'public relations' image of Islam. This book deals with ethical
problems of domestic violence as discussed in historic and
contemporary Islamic religious doctrine. The stakes are high, and
very real. The author confronts the significant issue of how modern
Muslims can relate to Islamic tradition and the Qur'anic text.
Modern scholars of most major religious traditions, who seek gender
egalitarian interpretations of their scriptural texts, confront a
common dilemma: how can they produce interpretations that are at
once egalitarian and authoritative, within traditions that are
deeply patriarchal? This book examines the challenges and resources
that the Islamic tradition offers to Muslim scholars who seek to
address this dilemma. This is achieved through extensive study of
the intellectual history of a Qur'anic verse that has become
especially contentious in the modern period: Chapter 4, Verse 34
(Q. 4:34) which can be read to permit the physical disciplining of
disobedient wives at the hands of their husbands. Though this verse
has been used by historical and contemporary Muslim scholars in
multiple ways to justify the right of husbands to physically
discipline their wives, progressive and reformist Muslim scholars
and activists offer alternative and non-violent readings of the
verse. The diverse and divergent interpretations of Q. 4:34
showcases the pivotal role of the reader in shaping the meaning and
implications of scriptural texts. This book investigates the
sophisticated and creative interpretive approaches to Q. 4:34,
tracing the intellectual history of Muslim scholarship on this
verse from the ninth century to the present day. Ayesha S. Chaudhry
examines the spirited and diverse, and at times contradictory,
readings of this verse to reveal how Muslims relate to their
inherited tradition and the Qur'anic text.
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