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.
Editor's Introduction Part I: Promises 1. Goals and Purposes Maqasid al-Shari'ah: Methodological Perspectives Mohammad Hashim Kamali 2. Realising Maqasid in the Shari'ah Jasser Auda 3. Freedom of Religion in the Age of Multi-Religious Societies with Special Reference to Maqasid al-Shari'ah Muhammad Khalid Masud 4. The Inviolability of Human Dignity: A Maqasidi Perspective Idris Nassery 5. Qur'an, Sunnah, Maqasid and the Religious Other: The Ideas of Muhammad Shahrur Adis Duderija 6. Ibn 'A shu r's Interpretation of the Purposes of the Law (Maqa s id al-Shari 'ah): An Islamic Modernist Approach to Legal Change Felicitas Opwis 7. Maqasid al-Shari'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 Shatibi on the Basis of the Maqasid 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 Maqasid? Habib Ahmed 11. The Relationship between Maqasid al-Shari'ah and Usul al-Fiqh Cefli Ademi 12. Which comes first, the Maqasid, or the Shari'ah? Rumee Ahmed 13. How Objective are the Objectives (Maqasid)? Examining Evolving Notions of the Shari'ah through the Lens of Lineage (Nasl) Ayesha S. Chaudhry 14. Maqasid al-Shari'ah as a Legitimization for the Muslim Minorities Law Mouez Khalfaoui Epilogue: Anver Emon
