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This book captures the growing debate among Muslim scholars about the theory of the "Objectives of the Shar¿'a" (maq¿¿id al-shar¿'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.
List of contents
Editor's Introduction
Part I: Promises
1. Goals and Purposes Maq¿¿id al-Shar¿¿ah: Methodological Perspectives
Mohammad Hashim Kamali
2. Realising Maq¿¿id in the Shar¿¿ah
Jasser Auda
3. Freedom of Religion in the Age of Multi-Religious Societies with Special Reference to Maq¿¿id al-Shar¿¿ah
Muhammad Khalid Masud
4. The Inviolability of Human Dignity: A Maq¿¿id¿ Perspective
Idris Nassery
5. Qur'¿n, Sunnah, Maq¿¿id and the Religious Other: The Ideas of Mu¿ammad Shär¿r
Adis Duderija
6. Ibn ¿A¿shu¿r's Interpretation of the Purposes of the Law (Maqäs¿id al-Shari¿¿ah): An Islamic Modernist Approach to Legal Change
Felicitas Opwis
7. Maq¿¿id al-Shar¿¿ah 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 Sh¿¿ib¿ on the Basis of the Maq¿¿id 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 Maq¿¿id?
Habib Ahmed
11. The Relationship between Maq¿¿id al-Shar¿¿ah and U¿¿l al-Fiqh
Cefli Ademi
12. Which comes first, the Maq¿¿id, or the Shar¿'ah?
Rumee Ahmed
13. How Objective are the Objectives (Maq¿¿id)? Examining Evolving Notions of the Shar¿'ah through the Lens of Lineage (Nasl)
Ayesha S. Chaudhry
14. Maq¿¿id al-Shar¿¿ah as a Legitimization for the Muslim Minorities Law
Mouez Khalfaoui
Epilogue: Anver Emon
About the author
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.
Summary
This book captures the growing debate among Muslim scholars about the theory of the “Objectives of the Shari‘a” (maqa?id al-shari‘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.
