Sisters in Law—Using Maqāṣid al-Shari‛ah to Advance the Conversation between Islamic and Secular Legal Thinking

in Arab Law Quarterly
Restricted Access
Get Access to Full Text
Rent on DeepDyve

Have an Access Token?



Enter your access token to activate and access content online.

Please login and go to your personal user account to enter your access token.



Help

Have Institutional Access?



Access content through your institution. Any other coaching guidance?



Connect

The conversation between Islamic and secular scholars of law has been going on for a long time. Publications in European languages are flooding the market on almost any conceivable topic related to Islam. Yet, there is still little evidence of a proper dialogue, but merely of an exchange of monologues. Both sides are wary of engaging in open-ended discussion. For the Muslims, the divine origins of their religion, and consequently their attitude to the foundations of law-making, would seem non-negotiable; any addition based on secular thinking is likely to be viewed as forbidden innovation and watering-down of Islam and, in extreme cases, as an attack on the very identity of Islam. The secularists will consider some core Muslim teachings as being in breach of the fundamental freedoms for which people in the ‘West’ have fought for generations and with great sacrifice. This article advocates the use of the maqāṣid al-shari‛ah as a tool for advancing the debate.

Sisters in Law—Using Maqāṣid al-Shari‛ah to Advance the Conversation between Islamic and Secular Legal Thinking

in Arab Law Quarterly

Sections

References

6

G.E. AttiaTowards Realization of the Higher Intents of Islamic Law (London: The International Institute of Islamic Thought2007) 153.

24

Ibid. p. 143.

26

See also my paper M. Bohlander“Political Islam and Non-Muslim Religions—A Lesson from Lessing for the Arab Transition”Islam and Christian-Muslim Relations 27 (2014): 39.

33

Thomas BauerDie Kultur der Ambiguität—Eine andere Geschichte des Islams (Berlin: Verlag der Weltreligionen2011).

34

Rüdiger LohlkerIslamisches Recht (Vienna: Facultas2012) pp. 15 35.

39

Ibid. 33 pp.

40

Ibid. pp. 21 47.

45

See e.g.R. v. Turbill and Broadway [2014] 1 Cr. App. R. 7 at para. 12; Sandeman Coprimar sa v. Transitos y Transportes Integrales sl and Others [2003] Q.B. 1270 at 1276.

52

Siti Faridah Abd Jabbar“The Shari‛ah Supervisory Board: A Potential Problem in Islamic finance?”Company Lawyer 29(1) (2008): 29–32 at p. 31.

Figures

Index Card

Content Metrics

Content Metrics

All Time Past Year Past 30 Days
Abstract Views 8 8 1
Full Text Views 6 6 6
PDF Downloads 0 0 0
EPUB Downloads 0 0 0