Friday, 11 January 2013

addressing the 'shariah'[ scare in the west

To go beyond the scary stereotypes of Islam and the Shariah read just this short  news report. 

In this context, one is reminded of the valiant attempt made by the great 14th century jurist Abu Ishaq al-Shatibi of Muslim Spain who in his celebrated legal treatise al-Muwafaqaat fi usool al-Shariahdeveloped the concept of Maslaha (public good) as an essential element of his doctrine Maqaasid al-Shariah (Goals of the Shariah) which he formulated to make Islamic law adaptable to social change. Shatibi argued that an inductive analysis of the injunctions of the Koran and the teachings of the Prophet would reveal that Maslaha is the universal principle that permeates Islam because, the divine intent behind societal sharaa’i (laws) is the masaalih (benefits, good) of the people, both immediate and future. Therefore, any law that does not have Maslaha In this context, one is reminded of the valiant attempt made by the great 14th century jurist Abu Ishaq al-Shatibi of Muslim Spain who in his celebrated legal treatise al-Muwafaqaat fi usool al-Shariahdeveloped the concept of Maslaha (public good) as an essential element of his doctrine Maqaasid al-Shariah (Goals of the Shariah) which he formulated to make Islamic law adaptable to social change. Shatibi argued that an inductive analysis of the injunctions of the Koran and the teachings of the Prophet would reveal that Maslaha is the universal principle that permeates Islam because, the divine intent behind societal sharaa’i (laws) is the masaalih (benefits, good) of the people, both immediate and future. Therefore, any law that does not have Maslaha In this context, one is reminded of the valiant attempt made by the great 14th century jurist Abu Ishaq al-Shatibi of Muslim Spain who in his celebrated legal treatise al-Muwafaqaat fi usool al-Shariahdeveloped the concept of Maslaha (public good) as an essential element of his doctrine Maqaasid al-Shariah (Goals of the Shariah) which he formulated to make Islamic law adaptable to social change. Shatibi argued that an inductive analysis of the injunctions of the Koran and the teachings of the Prophet would reveal that Maslaha is the universal principle that permeates Islam because, the divine intent behind societal sharaa’i (laws) is the masaalih (benefits, good) of the people, both immediate and future. Therefore, any law that does not have Maslaha In this context, one is reminded of the valiant attempt made by the great 14th century jurist Abu Ishaq al-Shatibi of Muslim Spain who in his celebrated legal treatise al-Muwafaqaat fi usool al-Shariahdeveloped the concept of Maslaha (public good) as an essential element of his doctrine Maqaasid al-Shariah (Goals of the Shariah) which he formulated to make Islamic law adaptable to social change. Shatibi argued that an inductive analysis of the injunctions of the Koran and the teachings of the Prophet would reveal that Maslaha is the universal principle that permeates Islam because, the divine intent behind societal sharaa’i (laws) is the masaalih (benefits, good) of the people, both immediate and future. Therefore, any law that does not have Maslaha 

“The Shariah is all justice, kindness, masaalih and hikma [wisdom]. Hence, any rule that departs from justice to injustice…from Maslaha to Mafsada is not part of Shariah…” It can, therefore, be stated with a fair amount of certainty that the stagnation of Islamic law in India is a result of ignoring the relevance of public interest in lawmaking. It is time Muslim theologians realised that any interpretation of Islam that is amoral, unfair and inconsistent with principles of natural justice and social ethics, cannot claim to represent the Divine Will, and therefore, does not deserve to be epitomised as the Shariah.


http://www.thehindu.com/opinion/op-ed/towards-a-progressive-interpretation-of-islam/article4295248.ece?homepage=true

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