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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.
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.
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