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"Maqāṣid (Islamic law)"
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Maqasid foundations of market economics
Drawing on received sources of 'maqasid' (Shari'ah's practical objectives), this book demonstrates how the principles of market economics affect how markets and financial institutions actually operate under Shari'ah law. Students can check their progress with learning outcomes, chapter previews, chapter summaries and revision questions.
eBook
'Shariah compliance' in Islamic economics: A bibliometric analysis
This study aims to examine the literature related to shariah compliance in the Scopus database. Furthermore, classification and critical commentary were applied to find a new direction for developing studies on shariah compliance in Islamic economics. The bibliometric approach was used to analyse 233 articles, while a systematic literature review was used to classify issues from 82 articles on this paradigm. The results showed that the examined studies grew significantly and were influential in developing the 'shariah compliance' paradigm. This was indicated by the author's highest m-index of 0.666. However, this literature primarily concerns financial institutions and their relationship with the paradigm, followed by related literature in various industries, with extensive discussion on ethics and in the normative context. In this regard, 'shariah compliance' issues can be classified into three topics, namely Islamic banks, non-bank financial institutions, and general firms. 'Shariah compliance' was insufficiently used as an instrument to measure the product restructuring impact of an Islamic bank and a reflection of the compliance from the customer psychology perspective. In this context, it is necessary to transform the paradigm into \"preventing exploitation\" by introducing the customer exploitation index.
Journal Article
The Maqāṣid as a Means for a Contemporary, Ethically Based Muslim Thought: A Comparison of the Views of Ṭāhā ʿAbd al-Raḥmān and Ṭaha Jābir al-ʿAlwānī
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.
Journal Article
Abū Yaʿrub al-Marzūqī and His Critique of the maqāṣid Theory
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.
Journal Article
The Search for Originality within Established Boundaries—Rereading Najm al-Dīn al-Ṭūfī (d. 716/1316) on Public Interest (maṣlaḥa) and the Purpose of the Law
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.
Journal Article
Ethical Integration of AI in Healthcare Project Management: Islamic and Cultural Perspectives
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.
Journal Article
“The Maqāṣid Are the Qibla of the Jurists”: A Critical Analysis of Contemporary References to and Usages of Abū Ḥāmid Al-Ghazālī’s Dictum
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.
Journal Article
Islamic Law, Islamic Finance, and Sustainable Development Goals: A Systematic Literature Review
In essence, Islamic law (Maqasid al-Shariah) and the sustainable development goals (SDGs) initiated by the United Nations have the same goal: to achieve the perfection of a sustainable human life. Meanwhile, Islamic finance is regarded as an implementation of Islamic law, as many Islamic finance products and instruments are derived from Islamic law. Prior studies on Islamic law, Islamic finance, and SDGs tend to be scattered, and the role of Islamic finance in SDGs is still questionable. This paper uses a systematic literature review to investigate the intersection of Islamic finance, Islamic law, and SDGs. We selected papers that focused on Islamic finance as an inclusion criterion and excluded papers that only discussed Islamic countries as an exclusion criterion. We retrieved 65 papers and book chapters published from 2008 to 2022 from the Scopus database to analyze which parts of Islamic finance and law can contribute to the SDGs. We use thematic analysis for data synthesis by grouping findings into their relation to Islamic law using Al-Ghazali’s Framework of Maqashid Al-Shariah and SDGs from the UN, and then explaining the research results using a narrative method. Through this study, we found that Islamic finance supports the SDGs with the most significant contribution to humanity. In addition, it is essential to know that the support of the government, regulators, and related institutions is much needed to improve Islamic finance for the achievement of SDGs.
Journal Article
Common conceptual flaws in realizing maqāṣid al-Sharīʿah vis-à-vis Islamic finance
PurposeThis paper aims to scrutinize the misconceptions about maqāṣid al-Sharīʿah (objectives of Islamic law) that complicate its actualization, particularly in Islamic finance.Design/methodology/approachThis study adopts a qualitative inductive method to identify the flaws in understanding maqāṣid al-Sharīʿah vis-à-vis Islamic finance. It uses the views of classical and modern maqāṣid scholars to critically examine the flaws.FindingsThis study concludes that the five objectives of the Sharīʿah constitute the framework of maṣlaḥah (well-being). The levels of maṣlaḥah ― namely ḍarūriyyāt (essentials), ḥājiyyāt (needs) and taḥsīniyyāt (embellishments) ― are the categories of the means to ends. The demand for financial products falls under the ḥājiyyāt and taḥsīniyyāt categories, not ḍarūriyyāt. The maqāṣid (objectives) are derived from aḥkām (provisions) being verified by the parameters, while aḥkām are guided by maqāṣid.Research limitations/implicationsThis study recommends further research to theorize the concepts of ḍarūriyyāt, ḥājiyyāt, taḥsīniyyat and mukammilāt (complements); to harmonize the maqāṣid with their essential elements and to formulate a conceptual framework for actualizing maqāṣid al-Sharīʿah in Islamic finance.Practical implicationsThis paper will improve perceptions and bridge gaps between the understanding of maqāṣid theory and existing practices. It suggests that instead of ḍarūriyyāt, Islamic financial institutions (IFIs) should refer to ḥājiyyāt and taḥsīniyyāt.Originality/valueThis paper identifies and clarifies the misconceptions about maqāṣid al-Sharīʿah vis-à-vis Islamic finance in the existing literature. The findings align with the views of leading maqāṣid scholars in understanding the idea.
Journal Article