Search Results (11)

Increased debates over the higher objectives of Islamic law (maqāṣid al-sharīʿa) have emerged in recent decades, with considerable attention devoted to their potential for intellectual and legal reform. Nonetheless, a very prolific contemporary contributor to the maqāṣid debate, the Moroccan scholar Aḥmad al-Raysūnī (b. 1953), has received very limited attention in Western scholarship to date. Therefore, this article offers a comprehensive critical analysis of al-Raysūnī’s interpretation of the maqāṣid and its implications for contemporary Islamic normativity. Aiming to assess the relationship between al-Raysūnī’s theoretical elaborations of the maqāṣid and their practical implications, both his publications and his legal opinions (fatwas) are considered and analysed. Thus, methodologically, the article combines textual analysis of al-Raysūnī’s works with an analytical evaluation of his legal reasoning in practice. The study demonstrates that while al-Raysūnī stresses the importance of a structured maqāṣid-reasoning and suggests models for their organisation, his fatwas rarely implement these concepts directly; instead, they rely predominantly on a broader notion of public welfare (maṣlaḥa). By choosing al-Raysūnī as an example, the article argues that this tension highlights both the reformist potential and the practical limitations of contemporary maqāṣid discourse, thereby contributing to broader discussions on Islamic legal reform. Full article

In contemporary Muslim societies, digital platforms, algorithmic infrastructures, and networked religious content have fundamentally reshaped not only the circulation of fatwas but also the conditions under which religious authority is constituted, recognized, and contested. This article develops an integrated analytical framework that brings Islamic legal theory (uṣūl al-fiqh) into sustained dialogue with mediatization theory and digital religion scholarship in order to examine how digital mediation reconfigures fatwa authority. Grounded in a qualitative analytical–comparative methodology, the study reconstructs the classical architecture of fatwa authority—rooted in scholarly qualification, isnād-based transmission, contextual discernment, and institutional oversight—and systematically compares it with contemporary digitally mediated environments structured by visibility metrics, platform logics, audience engagement, and algorithmic amplification. It identifies a series of interrelated transformations affecting the epistemic foundations, institutional gatekeeping mechanisms, communicative forms, and normative accountability of fatwa practice. The analysis demonstrates that digital mediation does not merely expand access to religious guidance; it alters the balance between evidentiary reasoning and infrastructural prominence, reshapes the relationship between muftī and mustaftī, and introduces new ambiguities concerning authority, legitimacy, and moral agency—particularly in the context of AI-assisted religious tools. While digital fatwas may enhance accessibility and transnational connectivity, they also risk epistemic fragmentation, erosion of institutional credibility, and the diffusion of accountability. By articulating a Critical Islamic Legal and Media-Theoretical Framework structured around epistemic, institutional, and communicative axes and evaluated through maqāṣid al-sharīʿah, this article offers a systematic model for analyzing digitally mediated Islamic authority. It concludes by outlining jurisprudential and ethical guidelines for integrating digital technologies into the fatwa domain in ways that preserve methodological rigor, moral responsibility, and the integrity of religious guidance. Full article

Artificial intelligence is reshaping healthcare project management in Saudi Arabia, yet most deployments lack culturally grounded ethics. This paper synthesises global AI-ethics guidance and Islamic bioethics, then proposes a maqāṣid-al-sharīʿah-aligned conceptual framework for ANN-based decision support. Ethical signals derived from the preservation of life, dignity, justice, faith, and intellect are embedded as logic-gate filters on ANN outputs. The framework specifies a dual-metric evaluation that reports predictive performance (e.g., accuracy, MAE, AUC) alongside ethical compliance, with auditable thresholds for fairness (δ = 0.1) and confidence (α = 0.8) calibrated through stakeholder workshops. It incorporates a co-design protocol with clinicians, patients, Islamic scholars, and policymakers to ensure cultural and clinical legitimacy. Unlike UNESCO and EU frameworks, which remain principle-oriented, this study introduces a measurable dual-layer assessment that combines technical accuracy with ethical compliance, supported by audit artefacts such as model cards, traceability logs, and human override records. The framework yields technically efficient and Shariah-compliant recommendations and sets a roadmap for empirical pilots under Vision 2030. The paper moves beyond a general review by formalising an Islamic-values-driven conceptual framework that operationalises ethical constraints inside ANN–DSS pipelines and defines auditable compliance metrics. This paper combines a critical review of AI in healthcare project management with the development of a maqāṣid-aligned conceptual framework, thereby bridging systematic synthesis with an implementable proposal for ethical AI. Full article

The modern debate on the maqāṣid has become very diverse and includes numerous suggestions on how the maqāṣid are supposed to reform Muslim (legal) thought. For an illustration of this diversity, the approaches of two very different intellectuals are compared with each other. One scholar is the philosopher Ṭāhā ʿAbd al-Raḥmān (b. 1944), whose reflections are contrasted with those of the jurist Ṭaha Jābir al-ʿAlwānī (d. 2016). This research shows that they share some similarities in their premises regarding the ability of the maqāṣid to reform Muslim thought; however, differences can be noticed regarding the content of their maqāṣid concepts and how their concepts should be applied in practice. While al-ʿAlwānī presents concrete suggestions for practical applications, ʿAbd al-Raḥmān understands his contributions as a theoretical basis that is supposed to be used by Muslim jurists in order to reestablish Islamic law on an ethical basis. Full article

Over the past half-century, the study of Islam in the Muslim world has been preoccupied with three global projects: maqāṣid al-sharīᶜa (the higher objectives of revealed law), al-wasaṭiyya al-islāmiyya (Islamic moderation), and aslamat al-maᶜrifa (Islamization of knowledge). Of these three, the latter has been the most substantial enterprise due to its ambitious work plan, extensive scope, and far-reaching influence. However, in recent decades, the Islamization of knowledge project has undergone significant developments culminating in its reformulation as ‘knowledge integration’ (al-takāmul al-maᶜrifī). This paper traces and analyzes the key manifestations of this notable transformation. Firstly, it surveys the various contexts of eschewing the concept of ‘Islamization’ and adopting ‘integration’. Secondly, it examines the conceptualization of the construct of ‘al-takāmul al-maᶜrifī’ within pre-modern and contemporary Islamic contexts. Thirdly, it investigates the practical implementation of knowledge integration with a special focus on the domain of higher education. The question that brings all three sections together is whether the knowledge integration model embodies a true paradigm shift or is a mere name change while bearing on the old rationale and approach of Islamization. The present paper argues that, under the banner of al-takāmul al-maᶜrifī, a shift from an internally focused intellectual effort to one that envisions new opportunities for epistemological renewal is recognizable at the individual level. However, institutionally, the application of this paradigm is still pending full and effective realization. Full article

Modernity reveals an intense preoccupation with the Intentions of the Sharia (maqāṣid al-sharīʿa) and reflections of premodern scholars on this legal concept. Within contemporary research in this field, the famous scholar Abū Ḥāmid al-Ghazālī (d. 505/1111), who is counted among the pioneers of premodern contributions to the maqāṣid, occupies a special position. In addition to his general treatment of the maqāṣid, one dictum of his in particular is often referred to in the modern literature on the maqāṣid. The quotation reads: “The maqāṣid are the qibla of the jurists”, which he mentioned in his book Kitāb Ḥaqīqat al-qawlayn and is indicative of the central position of the maqāṣid in al-Ghazālī’s (legal) thought. My investigation of the contemporary, primarily Arabic, literature on the maqāṣid which cites this popular dictum reveals that the quote is used for many reasons and in various contexts; however, a fuller engagement with the quote itself and in the context of al-Ghazālī’s thought, as well as in his book, takes place very rarely, if at all, and even then, it is cursory. In order to embed al-Ghazālī’s dictum in the wider frame of his thought, this article first presents his general maqāṣid-related thought and consequently expounds on it in the context of his book. To better understand the usage of the quote in modern scholarship, the current maqāṣid literature that refers to the dictum is analyzed and categorized, showing how authors deploy it and to what end. Full article

With the arrival of the twentieth century, in their legal theory, Muslim scholars began emphasizing public interest (maṣlaḥa) and the objectives (maqāṣid) of the Sharia. This stood often in contrast to the standards of traditional legal theory. To overcome this gap, scholars searched for concepts of premodern scholars, interpreted them in a way that allowed focusing on abstract categories like maṣlaḥa. An often-quoted figure in this regard is Najm al-Dīn al-Ṭūfī (d. 716/1316). In his hadith commentary entitled al-Taʿyīn, al-Ṭūfī developed a legal framework in which he gave precedence to maṣlaḥa over the Quran, Sunna, and Consensus in cases where there are conflicts between these sources concerning the ruling for a given matter. Many contemporary scholars interpret al-Ṭūfī’s concept from a modern perspective. This approach either leads to overemphasizing al-Ṭūfī’s theory or rejecting it entirely. The present study will analyze al-Ṭūfī’s theory of maṣlaḥa within the established premodern epistemological and hermeneutical boundaries that al-Ṭūfī himself accepted. In doing so, it will locate al-Ṭūfī’s conception of maṣlaḥa in its historical context and in relation to al-Ṭūfī’s biography. The study will show that al-Ṭūfī’s theory, regardless of its modern reception, and with all its pitfalls, is an original attempt to find new ways for deriving norms within the boundaries of a well-established legal theory and in a specific historical context. Full article

The concept of narrative holds a pivotal position in the Qurʾān, yet it has been subject to inadequate scrutiny and insufficient representation in pedagogical discourse concerning Islamic education. The present work endeavours to rectify this gap in knowledge by employing the technique of constructivist grounded theory to the Qurʾān and major exegeses, with a particular focus on the term qaṣaṣ, which pertains to the notion of narrative. This article delves into the profound tracts and maqāṣid (objectives) that qaṣaṣ hold in the Qurʾān and contemplates their exhortation for education on Islam and modern pedagogy. The analysis reveals that the qaṣaṣ present in the Qurʾān serves as a fundamental framework that directs the essence of the narrative pedagogy model of teaching and learning between the pedagogue and learner. Through typological figuration, the listener’s contemplation leads to a re-evaluation of conventional notions surrounding the dynamics between teacher and student and the dissemination of narrative within a pedagogical setting. The triad of truth, beauty and explication are fundamental pillars within this Islamic framework for narrative pedagogy, representing the essence of the human condition concerning education. Because these domains emerge from the concept of qaṣaṣ, the integration of the framework into Islamic education is a matter of utmost importance, given its centrality in the Qurʾān to foster and perfect the principles of Muslims and their sense of self. Full article

The purpose of this essay was to examine and evaluate Abū Yaʿrub al-Marzūqī’s criticism of the maqāṣid theory. Al-Marzūqī is mostly concerned with epistemology and ethics. He contends that the maqāṣid theory is insufficient to assert access to God’s meaning in Islamic law, since it is based on shaky processes of knowledge, particularly that of ratiocination, taʿlīl. On the other hand, he challenges the maqāṣid jurists’ authority to define the goals of the law in the absence of popular support. Additionally, he charges the maqāṣid jurists with endorsing political authority so that it can utilize the maqāṣid method to defend specific policies in the name of upholding the public interest. His primary claim is that the maqāṣid theory exhibits arbitrariness. Full article

The concept of covenant occupies a central place in the Qurʾān but has been understudied and underrepresented in discourses about Islam. This article contributes to redressing this lacuna by applying the method of content analysis to the Qurʾān, specifically the terms ‘ahd and mīthāq that refer to the concept of covenant. The aim of this article is to identify the maqāṣid (higher objectives) of covenants in Islam and discuss their implications for education about Islam and contemporary Islamic thought. This content analysis finds that covenants in the Qurʾān provide an overarching paradigm governing human existence and coexistence across six covenantal relationship categories. Covenants establish the terms and conditions of God-human and intra-human relations for human existence on Earth in relation to the afterlife, the dissemination of the divine message, the promotion of righteousness, welfare and wellbeing, and restricting the use of armed force to self-defense in response to treaty violation for preserving peace and security. This article recommends that the study of Qurʾānic covenantal knowledge ought to be integrated into courses and discourses about Islam commensurate, with its centrality in the Qurʾān and Prophet Muḥammad’s approach to building peaceful interreligious relations between Muslims and non-Muslims. Full article

Takaful operators are part of the Islamic financial institutions that are expected to achieve the commercial and social objectives by their stakeholders particularly the takaful participants (policyholders). First, this study aims to postulate a new framework to measure cost effectiveness by including the social and economic benefits of drone-assisted technology in the context of maqāṣid Shariah. Second, the study intends to investigate how the takaful industry can benefit from the drone-assisted technology, particularly in terms of cost reduction. This paper presents an early finding that forms part of a bigger research project which is focusing on the use of drone for disaster victim identification (DVI). This study employs thematic analysis of qualitative research method by engaging key informants who are Shariah expert, drone practitioner and accounting expert. In the context of emerging economies like Malaysia, the adoption of drone is sporadic when some industries such as military and agriculture are quite experienced with it; but for the takaful sector is almost none. This study provides preliminary findings that suggests there is potential of cost effectiveness for drone usage from the perspectives of SCBA in the maqāṣid Shariah framework. The main contributions from this paper are: (1) the new SCBA framework derived from the maqāṣid Shariah perspective and, (2) the application of this framework in examining the cost effectiveness on the use of drones by the takaful operators especially during disaster. Full article