The Question of Methodology in the Science of Maqasid Al-Shari‘ah (Objectives of Islamic Law)

By Younes Soualhi.

Published by The Humanities Collection

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Article: Print $US10.00
Article: Electronic $US5.00

This research addresses two methodological problems that seem to hinder the development of the concept of human welfare (public interest) in Islamic Jurisprudence (Shari’ah). The first problem refers to the debate on whether maqasid is a philosophy or a method. The research tries to argue that maqasid moved from philosophy to method in order to revitalize the methods of inference in Islamic Jurisprudence. However, as the paper argues, the new position of maqasid as a method had little effect on the dynamicity of Islamic Jurisprudence during the time of Shatibi (d.14 century A.D) onwards. The latter’s legal acumen is widely accredited with propounding a full-fledged theory on maqasid. In the second part of the research, we addressed the second problem which is the inadequacy featuring recent attempts by modern Muslim scholars and writers to formulate new concepts and present them as universal objectives of Islamic Jurisprudence. The research dealt critically with these new concepts, concluding that they have not been methodologically confirmed or proven as they are simply attributes of Islamic law but not necessarily the ultimate ends of it.

Keywords: Public Interest, Maqasid (Sing. Maqsad, Objective of Islamic Law), Islamic Law, Induction

The International Journal of the Humanities, Volume 5, Issue 11, pp.91-98. Article: Print (Spiral Bound). Article: Electronic (PDF File; 529.938KB).

Dr. Younes Soualhi

Associate Professor, Faculty of Islamic Revealed Knowledge and Human Sciences, International Islamic University Malaysia, Kuala Lumpur, Kuala Lumpur, Malaysia

Age: 39 Marrital status: married with 3 kids. Profession: 1.Lecturer, Faculty of Islamic Revealed Knowledge and Human Sciences, International Islamic University Malaysia. 2.Deputy Director, International students Office, International Islamic University Malaysia. 3. Shari'ah consultant, Munich Re Takafaul. Research Interest: Islamic Legal Theory, Maqasid al-Shari'ah, Islamic Banking and Finance.

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