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doomIAIS works to provide pragmatic advice based on sound knowledge regarding issues facing Islamic societies and governments. Here are excerpts of policy recommendations from research articles in our Journal Islam and Civilisational Renewal.



Vol. 2 No. 2 January 2011

Prof. Kamali in his article ‘Maqasid al-Shari`ah and Ijtihad as Instruments of Civilisational Renewal: A Methodological Perspective’ develops the idea of a maqasid-based framework for civilisational renewal (tajdid hadari). He develops a prospect that involves a review and reappraisal of the methodology of Islamic jurisprudence relating to the maqasid. The author argues that this would enable Muslims to widen the scope and horizon of the maqasid or objectives of Islamic law from their currently legalistic leanings towards the wider perspective of civilisational renaissance.

 

Prof. Moussavi in his article ‘Rethinking Islamic Legal Methodology with Reference to Maqasid al-Shari’ah’, stresses that divine laws are to be understood in their social context of time and that, carrying out the divine ruling in a given society necessitates a degree of recognition of ‘public’ and respect for public opinion and public interest of time. He suggests that in order to understand the higher objectives and to consider fully the public interest (maslahah), a comprehensive appreciation of the existing public practices, institutions and even public requirements is needed.

 

Prof. Osman Bakar in his ‘The Place and Role of Maqasid al-Shari’ah in the Ummah’s 21st Century Civilisational Renewal’, advocates a restoration of lost unity, balance, and equilibrium to contemporary Islamic civilisation, arguing that Islam’s main solution would probably be the maqasid-based approach, which would reassert traditional essential components, such as religion, intellect-reason, life, lineage and property.

 

Dr. Eric Winkel’s ‘Maqasid al-Shari’ah: A Literature Review’ presents his argument that the maqasid approach may be an answer to semantic word drift if the question of context is adequately addressed. He contends that this approach provides us with an architecture that allows us to speak productively among ourselves and with others; and that the special contribution of maqasid to government policy and legislation is to direct the conduct of its affairs with wisdom and to strive for the improvement of people’s welfare.

 

Asyraf Wajdi Dusuki and Said Bouheraoua in their ‘The Framework of Maqasid al-Shari’ah and Its Implications for Islamic Finance’ argue that Islamic finance as an institution should be grounded on the ethics of Islamic law in order to make it a reality in Muslim society; and that it should involve respect for the principles of justice, thereby bringing about a balance between the rights of individuals and their duties and responsibilities toward others, and between self-interest and altruistic values.

 

Halim Rane in his article ‘The Impact of Maqasid al-Shari’ah on Islamic Political Thought: Implications for East-West Relations’ suggests that accepting a maqasid slant in Muslim politics should be based on its benefi ts to Muslim states and societies in terms of upholding the collective well-being of Muslims based on Islamic teachings, and thus should not necessarily be based on relations with the West.

 

Finally, Andrew F. March’s ‘The Maqsad of Hifz al-Din: Is Liberal Religious Freedom Suffi cient for the Shari`ah?’ argues that Muslim sholars will have to address the diff erent kinds of obstructions to preserving the religion which Muslim minority communities face, and that a maqasid-based approach also would have to ensure the preservation of religion as its main goal. Th is would have to include ensuring access to knowledge of Islam and the creation of religious institutions for a Muslim civil society.

 

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