Thursday, 04 October 2012 14:13

A Turn in 20th-Century Islamic Legal Theory

Since about 2002, I have been fascinated with the space in which law and theology meet in Islamic thinking. My 2004 article in the Brill journal Islamic Law and Society ("A Turn in the Epistemology and Hermeneutics of Twentieth Century Usul al-Fiqh," ILS 11, 2, pp. 1-50) argues that in the many centuries of debates over the relative role of reason and revelation in discovering God's law for humankind, a trend can be seen in the last century. A hereunto rather marginal school of thought, which emphasized a methodology focused on the "Objectives of Shari'a" (Maqasid al-Shari'a) gradually became prominent. This trend continues in this century with scores of books written on this "Purposive Method" (al-manhaj al-maqasidi).

Other signs of this can be seen in the founding of the London-based Al-Maqasid Research Centre in the Philosophy of Islamic Law in 2005 and in the theme chosen by the last international conference in Cairo before the January 2011 Revolution. It was jointly sponsored by the Al-Azhar University and the Egyptian Ministry of Religious Affairs (lit. Awqaf, or "religious endowments") and its theme was "The Objectives of Shari'a and Contemporary Issues: Research and Realities."