Islamic Law Reforms Through Maqasid-ul-Sharia

By Grace Mubashir, New Age Islam 12 April 2022 Maqasid-ul-Sharia, (objectives of Shariah) is an emerging trend in Islamic legal epistemology. The Islamic Fiqh (jurisprudence), lost its vitality towards the end of fifteenth century as original thoughts were frowned upon and instead dogmatic imitation (Taqleed) was pursued by Muslim scholars. The new social realities of national states and decolonization of Muslim lands have accelerated new approaches to Fiqh, in order to timely reform Islamic law. New interpretations of Islamic legal cannons premised upon Maqasid-ul-Sharia. Maqasid al-Shari’ah may be stated simply as the higher objectives of the rules of the Shari’ah, the observance of which, facilitate the normal functioning of society by enhancing the public good (Maslaha), this implies avoiding actions likely to harm individuals and society. The intent, objective and purpose are simply to achieve social and economic justice as well as enhancing the welfare of the community. According to Ibn Ashur, maqasid al-Shariah (objectives of Shariah) is a term that refers to the preservation of order, achievement of benefit and prevention of harm or corruption, establishment of equality among people, causing the law to be revered, obeyed and effective as well as enabling the Ummah to become powerful, respected and confident. Protection of Six fundamental rights is at the core of Maqasid-ul-Sharia, viz. life, property, intellect religion and progeny. This modern interpretation is an expanded version of Istihsan (juristic discretion), one of the pillars of Usul-ul-Fiqh (Principles of Islamic jurisprudence). Classical scholars like Imam Ghazali, Shatibi, Juvaini and Shah Waliullah Dehlavi have mentioned this liberal tool of religious interpretation while dealing with ecclesiastical issues. Maqasid-Ul-Sharia In Classical Religious Cannons Various Hadeeth from six canonical Hadeeth scriptures point to the Maqasid-ul-Sharia. Hazrat Umar had extensively modified religious rulings on various issues based upon Maqasid-ul-Sharia. In his Hujjathullahil Baligha, Shah Waliullah explains this tenet thus: ‘Islam gives much leeway for fluidity and elasticity of laws according to local, cultural, social conditions’. Quran and Hadeeth emphasize human intellectual faculty to solve legal issues. The diversity of opinions in Islamic legal schools should be read in this context. The scholars of Usul-ul-Fiqh have pointed out to the crucial salience of spatial and temporal contexts while framing Islamic laws. The prominence given to Urf (local customs) highlights this point. In a nutshell, except a few laws categorically mentioned in Quran and Hadeeth, Maqasid-ul-Sharia could be invoked to explore it more. Diverse opinions of legal scholars on single issues are attributed to the application of Maqasid-ul-Sharia while dealing with legal problems. For example, the divergence of opinion about the nature of witness to a contract in Islamic law is because of the fact that scholars considered local customs and conditions whole pronouncing fatwa. The changes and modification brought by Hazarat Umar is a befitting example to prove the legal sanction of Maqasid-ul-Sharia in Islamic legal traditions. He applied Ijtihad (independent reasoning) to formulate laws for issues at hand. Some examples for Maqasid-ul-Sharia from the legal rulings of Hazrat Umar: 1. Compulsory acquisitions of war booty during his reign which was not the standard practice during the Prophet's time. 2. Banning naval battle considering its commensurate risks 3. Changes in the system of Zakat distribution to new converts when people began accepting faith to get Zakat 4. Temporarily suspended chopping of hand of the thieves during the times of drought Minority Fiqh And New Interpretations The majority of Islamic laws were codified and institutionalized under the political conditions where Muslims basked in political hegemony. But the migration of Muslims to Europe or the loosing of political patronage in countries like India justified rethinking of Islamic laws to suit the swift churnings in the society. Fiqh al-Aqalliyyat (the jurisprudence of Muslim minorities) is a legal doctrine introduced in the 1990s by Taha Jabir Al-Alwani and Yusuf Al-Qaradawi which asserts that Muslim minorities, especially those residing in the West, deserve a special new legal discipline to address their unique religious needs that differ from those of Muslims residing in Islamic countries. Developed as a means of assisting Muslim minorities in the West, it deals with problems Muslims face in countries where they are minorities and focuses more on devising exceptional rulings pertaining to their unique circumstances. So the classical opinions of barring Muslim living in countries with majority non-Muslim population and enjoining to migrate from such places are rejected by new approach to political understanding of Islam. Maqasid-ul-Sharia is a vital tool in evolving minority fiqh as it accommodates changing realities of political developments. The futile clinging to old classical laws is fraught with challenges and militates against the canonical exhortations in this regard. Rethinking Of Fiqh In The Indian Context Based On Maqasid-Ul-Sharia India has rich copious traditions of original additions to Fiqh knowledge; but it lost, as a general decadence set in among the faithful and gradually Islam became educationally morbid and culturally dogmatic. Revival of Islamic law based on Maqasid-ul-Sharia is too important in the contemporary Indian context that no sane scholar can object to this. New trends of Islamic epistemology could be used to reinvigorate the soul of Islam. Issues like electoral politics, women participation, upward social mobility and new economic realities are to be reframed on the solid basis of Maqasid-ul-Sharia. Islam is never a barren land of imitation but fertile space for suitable evolution. Various pressing issues of Muslim community in India could be amicably solved by using the liberal tools of Maqasid-ul-Sharia. --- An occasional New Age Islam columnist, Grace Mubashir is a journalism student at Indian Institute of Mass Communication, Delhi URL: https://www.newageislam.com/islamic-sharia-laws/islamic-law-reforms-maqasid-sharia/d/126780 New Age Islam, Islam Online, Islamic Website, African Muslim News, Arab World News, South Asia News, Indian Muslim News, World Muslim News, Women in Islam, Islamic Feminism, Arab Women, Women In Arab, Islamophobia in America, Muslim Women in West, Islam Women and Feminism