The use of maqasid al-shari’ah between methodological and liberal approaches: some critical reflection

Haneef, Sayed Sikandar Shah and Abdul Razak, Mohd Abbas (2021) The use of maqasid al-shari’ah between methodological and liberal approaches: some critical reflection. Shariah Law Reports, 1. i-xxvi. (In Press)

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Abstract

Maqasid of the Shariah is about understanding the end-goals and purposes of both individual rulings and overall sum-total of the Shariah laws. In the mind of its original expounders, maqasid of the Shari’ah both at foundation and level of operation as a means of legal deduction is bound by the framework and parameters of the Quran and Sunnah. In contemporary time, however, this proposition has been questioned by some segments who tend to advocate the laissez-faire use of maqasid al-Shari’ah to understand and construct Islam and its various systems. To their critics, this is a lopsided approach to maqasid of the Shariah which dilutes not only the religio-ethical nature of law-making in Islam but has the potential of desacralising Islam and its legal system. Using content analysis method, this article argues that Islamic methodology of legal construction does not admit any disconnect between maqasid of the Shariah and its roots in the legal texts of the Qur’an and the Sunnah.

Item Type:	Article (Journal)
Additional Information:	3049/89669
Uncontrolled Keywords:	legal deduction, legal texts, maqasid al-Shariah, purpose
Subjects:	K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP425 Uṣūl al-fiqh. Jurisprudence and theory of law. Science of legal reasoning.
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Kulliyyah of Islamic Revealed Knowledge and Human Sciences Kulliyyah of Islamic Revealed Knowledge and Human Sciences > Department of Fiqh and Usul al-Fiqh
Depositing User:	Prof. Sayed Sikandar Shah Haneef
Date Deposited:	10 May 2021 12:37
Last Modified:	10 May 2021 12:37
URI:	http://irep.iium.edu.my/id/eprint/89669

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