* I am indebted to Gavin Picken for reading the first draft of this article and Yasmin Amin for her valuable remarks on the final draft.
This paper focuses on developing arguments for a meta-ethical foundation of the theory of maqāṣid. I argue that maqāṣid al-sharīʿa , as
the modern context. Although they have different strands of thought, two main developments are noticed to be shared by the majority of them. First: the inclination towards the rationalization of Sharīʿa , second: increasing the number of maqāṣid s and reinterpreting their meanings. By studying how
Imagination . Basingstoke : Palgrave Macmillan .
Chapra , Umar . 2008 . The Islamic Vision of Development in the Light of Maqāṣid Al-Sharīʿa . Jeddah : Islamic Research and Training Institute, Islamic Development Bank .
Duderija , Adis . 2014 . “ Contemporary Muslim Reformist Thought and
eight articles included in this thematic issue, some of which were not presented at the seminar. The articles included in this issue explore two main aspects related to the field of ethics, namely methodological themes ( maqāṣid, ʿ urf, taʾṣīl, ethical approach ) and applied cases and concepts (human
( awqāf) , taxes ( kharāj / ʿushr ), which all preserve the human necessities (which are subsumed under the universals/objectives of Islamic law, kulliyāt / maqāṣid al-sharīʿa ) such as preserving life and access to wealth. Human rights are subjective private claims ( ḥaqq khāṣṣ ) preserving and
higher objectives of Sharīʿa ( maqāṣid al-Sharīʿa ): The Qurʾān emphasized the equality of men and women in numerous verses. However, they traditionally had different rulings with their differing social roles. Since they have the same social roles now, they should have the same rulings, affirming
literature). Subsequently, custom has also featured prominently in other later genres such as legal maxims ( qawāʿid ); similarities and distinctions ( ashbāh wa-furūq ); as well as legal objectives ( maqāṣid ). But, questions pertaining to the role and function of custom in Islamic law are not limited to
méta-éthique: recherche d’une base épistémologique de la morale dans la pensée islamique classique
Le but visé par cet article consiste à évaluer de manière détaillée et analytique le fondement méta-éthique de la théorie connue sous le nom de maqāṣid al-sharīʿa , généralement traduite par “les buts
-Attar tries to problematize the meta-ethical foundation of the traditional theory of maqāṣid al-Sharīʿa (higher objectives of Sharia). Her critique of this theory is premised on her thesis that Qurʾanic ethics accepts objective moral values and thus allows for a moral epistemology based on human reason
from the Qurʾān. It is a closed system because all points of reference in this ethical reasoning system are to seventh and early eighth century data and practices. This remains true even if techniques such as “bearing in mind the aims of the sharīʿah ( maqāṣid al-sharīʿah )” and the “general principles