- one of the approach is thru the maqasid alshaariah - Imam Shaffie- alghazali, AlShatibi, shah waliyullah al-DIhlawi , rashid reda, mahmus shaltutu. Mustaffa Assiba'i, Muhammad AlGhazali, Sayyid Sabiq, Yusuf AlQardawi
considers the wisdom behind the law
ALGhazali (maslahah ... aldaruriyat, alhajiyyat, altahsiniyat0
alSHATIBI ( aL-Usul Alkhamsah)
1) preservation of religion (hifz al din)
2) life (nafs)
3) progeny
4) alaql
5) property
ibn ashur .. adapted version ...
alqardawi -- for maqasid is more wellbeing for individuals, maqasid privelleges for righteous individual-family-society- ummH-well being of humanity-- innovates few fiqh..fish alsunan, fiqh al-muwazanah, fiqh al-awlawiyat, fiqh al aqaliyah, fiqh azzakah
The challenges
a) The Zahiris
- literallist (Azzahiris)- neo literallist who interpret text rigidly and literally (harfiyyun) without giving attention to the general objectives of those texts. although their piety, sincerity cant be denied, their stern literalism has deformed the true image of Islam and its shariah. their stand on issues of woman and family , culture, education , economics, administration, politics, international relations and relationship with nonmuslims is coloured with rigid literalism and intolerance
- the obsession of literalist that only their own views are correct. views outside their group in unacceptable, refused to see the possibility that their opinions are wrong, refused to cooperated on matters that are agreed upon, excuse one another in matters that they differ
b) the liberalist
- Muslim intellectuals, professionals, academics ..in the name of upholding the general well being of society and the universal objectives of Islam put aside the particular religious texts and based their views mainly on their liberal intellectual interpretation of Islamicteachings
- lack of sounnd knowledge of shariah, lack of understanding of Islamic laws and jurisprudence, they have th audacity to pass judgemntd and make pronouncements based purely on their liberal and independent thinking
- flaw method of application the concept of maslahah
- on the pretext serving the genral objectives of the shariaah and public good, they would reject the categorical and well established texts and challenge the necessity of fulfulling the fundamental religious obligation as traditionally understood and practised.
- wrong interpretation of maqasid, change it to means.. switcth to one ownintepration .. no need to perform religious ritual so long as the so long as one ca achieve spiritual purifications, absentism, rememberance of AlLah thru some other means
HOW TO OVERCOME IT?
1) distinguish btw fixed objectives and the changing means ( maqasid althabitah vs alwasa'il almutaghayyirah)
2) prayers have to correct objective and form wise as prescribed by the rpophet saw
3) find ways to be close to AlLah SWT based to bring self close to AlLAh .. which is intergrated from the larger mainstream of spiritual tradition of Islam. it shouldnt be taken just as a"Sufism" as a practice or exercise for spirituality that is not connected to true Islamic teachings .
eg fixed objective without fixed means : concept of syura