Maqasid Al Shariah As Philosophy Of Islamic Law

In this path breaking study, Jasser Auda presents a systems approach to the philosophy and juridical theory of Islamic law based on its purposes, intents, and higher objectives (maqasid). For Islamic rulings to fulfill their original purposes of justice, freedom, rights, common good, and tolerance in today's context, Auda presents maqasid as the heart and the very philosophy of Islamic law. He also introduces a novel method for analysis and critique, one that utilizes relevant features from systems theory, such as, wholeness, multidimensionality, openness, and especially, purposefulness of systems. This book will benefit all those interested in the relationship between Islam and a wide variety of subjects, such as philosophy of law, morality, human rights, interfaith commonality, civil society, integration, development, feminism, modernism, postmodernism, systems theory, and culture.

In this path breaking study, Jasser Auda presents a systems approach to the philosophy and juridical theory of Islamic law based on its purposes, intents, and higher objectives (maqasid). For Islamic rulings to fulfill their original purposes of justice, freedom, rights, common good, and tolerance in today’s context, Auda presents maqasid as the heart and the very philosophy of Islamic law. He also introduces a novel method for analysis and critique, one that utilizes relevant features from systems theory, such as, wholeness, multidimensionality, openness, and especially, purposefulness of systems. This book will benefit all those interested in the relationship between Islam and a wide variety of subjects, such as philosophy of law, morality, human rights, interfaith commonality, civil society, integration, development, feminism, modernism, postmodernism, systems theory, and culture.

In this path breaking study, Jasser Auda presents a systems approach to the philosophy and juridical theory of Islamic law based on its purposes, intents, and higher objectives (maqasid). For Islamic rulings to fulfill their original purposes of justice, freedom, rights, common good, and tolerance in today’s context, Auda presents maqasid as the heart and the very philosophy of Islamic law. He also introduces a novel method for analysis and critique, one that utilizes relevant features from systems theory, such as, wholeness, multidimensionality, openness, and especially, purposefulness of systems. This book will benefit all those interested in the relationship between Islam and a wide variety of subjects, such as philosophy of law, morality, human rights, interfaith commonality, civil society, integration, development, feminism, modernism, postmodernism, systems theory, and culture.

This book takes an important step "towards the realization of the higher intents of the Islamic law". First, it opens the door towards the integration of contemporary values and worldview into the maqasid terminology. This is carried out via the sections on "the role of reason and experience in identifying maqasid". Secondly, the book gives answers to the complex theoretical questions on the role of maqasid in ijtihad, juristic theorization (usul), and the Islamization of the human, social, and physical sciences. Last, but not least, the book highlights the role and the necessity of a 'maqasid-informed' mindset on the intellectual and communal levels, and takes a pioneering futuristic look into this very important branch of Islamic knowledge.Maqasid al-Shariah (Higher Intents of the Islamic Law) is the most promising tool for the 'contemporization' of Islamic law and its philosophical foundations. It is also - as this book reveals - a promising tool for the realization of Islamic values and principles in the realms of judiciary, society, and even science.

Current applications (or rather, misapplications) of Islamic law are reductionist rather than holistic, literal rather than moral, one-dimensional rather than multidimensional, binary rather than multi-valued, deconstructionist rather than reconstructionist, and causal rather than teleological. There is lack of consideration and functionality of the overall purposes and underlying principles of the Islamic law as a whole. Further, exaggerated claims of ‘rational certainty’ (or else, ‘irrationality’) and ‘consensus of the infallible’ (or else, ‘historicity of the scripts’) add to lack of spirituality, intolerance, violent ideologies, suppressed freedoms, and authoritarianism. Thus, a maqasidi approach takes juridical issues to a higher philosophical ground, and hence, overcomes (historical) differences over politics between Islamic schools of law, and encourages a much-needed culture of conciliation and peaceful coexistence. Moreover, the realization of purposes should be the core objective of all fundamental linguistic and rational methodologies of ijtihad, regardless of their various names and approaches. Thus, the validity of any ijtihad should be determined based on its level of achieving ‘purposefulness,’ or realizing maqasid al-shari’ah.

Current applications (or rather, misapplications) of Islamic law are reductionist rather than holistic, ‎literal rather than moral, one-dimensional rather than multidimensional, binary rather than multi-‎valued, deconstructionist rather than reconstructionist, and causal rather than teleological. There is lack ‎of consideration and functionality of the overall purposes and underlying principles of the Islamic law ‎as a whole. Further, exaggerated claims of ‘rational certainty’ (or else, ‘irrationality’) and ‘consensus of ‎the infallible’ (or else, ‘historicity of the scripts’) add to lack of spirituality, intolerance, violent ‎ideologies, suppressed freedoms, and authoritarianism. ‎ Thus, a maqasidi approach takes juridical issues to a higher philosophical ground, and hence, overcomes ‎‎(historical) differences over politics between Islamic schools of law, and encourages a much-needed ‎culture of conciliation and peaceful coexistence. Moreover, the realization of purposes should be the ‎core objective of all fundamental linguistic and rational methodologies of ijtihad, regardless of their ‎various names and approaches. Thus, the validity of any ijtihad should be determined based on its level ‎of achieving ‘purposefulness,’ or realizing maqasid al-shari’ah.‎

Shaikh Muhammad al-Tahir ibn Ashur is the most renowned Zaytuna Imam and one of the great Islamic scholars of the 20th century. The publication of this translation of Shaikh Ibn Ashur’s Treatise on Maqasid al-Shari’ah is a breakthrough in studies on Islamic law in the English language. In this book, Ibn Ashur proposed Maqasid as a methodology for the renewal of the theory of Islamic law, which has not undergone any serious development since the era of the great imams. Ibn Ashur – quite courageously – also addressed the sensitive topic of the intents/Maqasid of Prophet Muhammad (SAAS) behind his actions and decisions. He introduced criteria to differentiate between the Prophetic traditions that were meant to be part of Islamic law and the Prophetic actions/ sayings that were meant to be for the sake of specific purposes such as political leadership, court judgment, friendly advice, and conflict resolution. But Ibn Ashur’s most significant contribution in this book has been the development of new Maqasid by coining new, contemporary, terminology that were never formulated in traditional usul al-fiqh. For example, Ibn Ashur developed the theory of the ‘preservation of lineage’ into ‘the preservation of the family system’, the ‘protection of true belief’ into ‘freedom of beliefs’, etc. He also introduced the concepts of ‘orderliness’, ‘natural disposition’, ‘freedom’, ‘rights’, ‘civility’, and ‘equality’ as Maqasid in their own right, and upon which the whole Islamic law is based. This development opens great opportunities for Islamic law to address current and real challenges for Muslim societies and Muslim minorities.