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Fri, 19 Oct 2018
Safar 9, 1440
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Maqasid al-Shariah as Philosophy of Islamic Law: A Systems Approach

Maqasid al-Shariah as Philosophy of Islamic Law: A Systems Approach

Maqasid al-Shariah as Philosophy of Islamic Law: A Systems Approach
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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.

Maqasid al-Shariah as Philosophy of Islamic Law: A Systems Approach

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