Maqasid al-Shari'ah as Philosophy of Islamic Law

Maqasid al-Shari'ah as Philosophy of Islamic Law

by Jasser Auda

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In this pathbreaking 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 fulfil 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, utilising 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 philosophy of law, morality, human rights, interfaith commonality, civil society, integration, development, feminism, modernism, postmodernism, systems theory, and culture.

Discussion questions for Maqasid al-Shari'ah as Philosophy of Islamic Law

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  1. 1

    How does shifting the focus of Islamic law from literal, text-based rulings to its underlying purposes (maqasid) change the way we might approach modern ethical dilemmas?

  2. 2

    Jasser Auda argues that Islamic law operates much like a complex, living system; how does viewing law through the lens of systems theory (such as wholeness and openness) challenge traditional, rigid legal thinking?

  3. 3

    The author emphasizes values like justice, freedom, human rights, and common good as the core objectives of the Shari'ah; in your own experience, how well do contemporary legal or religious frameworks balance these ideals with tradition?

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