Maqasid al-shari`ah (the objectives of Islamic law) was traditionally a specialized subject that was not formally studied as part of scholarly training. To understand what one must do, scholars would study fiqh (Islamic law). To understand how to derive fiqh , they would study usul al-fiqh (legal methodology). Maqasid al-shari`ah is the philosophy of Islamic law. While this philosophy is a wonderful feature of the law, it does not define the law, nor does it determine it.
In the modern age, things changed and Muslim modernists brought study of maqasid al-shari`ah to the fore. They argued that while the maqasid —namely the preservation of religion, life, family, intellect, and wealth—were universally noble and admirable, the particular legal rulings found in the classical books of Islamic Law were cumbersome and often contrary to these maqasid . The universal maqasid were therefore more important than the particular legal rulings, and the particular rulings had to be revised in the light of the universal maqasid . This would bring Islam up-to-date with modernity and allow it to catch up with the progress of the secular modern world.
This is an incorrect, overzealous (mis)application of maqasid .
In contrast, modern humanism has challenged the truth of Islam on the basis of moral objections to various rulings of Islamic Law—if Islam is true, it argues, how can it be evil, unjust, violent, intolerant, and barbaric? Rulings related to women are singled out as being discriminatory against women. Rulings related to other religions are singled out as being intolerant. Rulings related to state relations and warfare are singled out as being violent. Rulings related to criminal punishments are singled out as being barbaric. These objections are voiced forcefully in the news, implicitly and explicitly, and they have already started to have an effect on Western governments that are legislating rulings against their Muslim minorities.
These objections are often made against rulings that have nothing to do with Islam at all. Sometimes, though, the objections come from not understanding the maqasid that lie behind the rulings. Studying the maqasid reveals that it is not the intent of the law to discriminate, nor to be unjust, nor to kill, nor to destroy, nor to maim, nor anything else that is associated with immorality, injustice, and cruelty.
The goal of this course is to correctly understand maqasid al-shari`ah to counter both mistakes described above—applying maqasid where they don't belong and ignoring maqasid when they are needed. The main thrust of the course, though, is to correct the latter mistake. This will be achieved by examining seven case-studies of news articles related to various controversial aspects of Islamic Law. You will learn how to analyze these news articles, how to identify untruths, how to identify propaganda, and how to understand the correct Islamic position (along with the associated wisdom and objective) on these topics. While this course will not teach you how to respond publicly to such news articles, you will learn approximately ten key principles to analyze such news so that you can clearly see where your religion is being misrepresented, leaving you with a newfound confidence in your religion.
By the end of this course, you will gain clarity in the confusions created by Muslim modernists who call for a complete overhaul of Islamic law and confidence in your religion in the face of media misrepresentations of controversial Shariah rulings. You will also learn a method for analyzing news articles that portray Islamic law in a negative light. An additional benefit that you will gain from this course is clarity on how maqasid, maslaha, and `urf relate to Islamic Law.
This course is meant for students who already have some formal study of the religion, and completion of the Foundations curriculum is a required prerequisite.
Types of Questions Addressed:
- What is the role of culture in the formulation of Islamic Law?
- What is the role of benefit (maslaha) in the formulation of Islamic Law?
- What do Muslim jurists mean when they say, “Established practice (`adah) is a source of law”?
- What do jurists mean when they say that rulings of Islamic Law change with place and time?
- What does it mean for Islam to be applicable for all times?
- Is Islamic Law biased against women?
- Does Islam permit genital mutilation?
- Does Islam permit domestic violence?
- How does Islam view other religions?
- Does Islam allow freedom of expression?
- What kind of relations should Muslim states have with other states?
- Does Islam promote a doctrine of perpetual warfare against the world?
- What is Islamism and is it countenanced by Islamic Law?
- Does Islam permit slavery?
- Do Muslims chop hands, lash bodies, and stone people?