Ethical Turn in Legal Analogy

Al-Ghazālī’s articulation that the purposes of the divine Law (maqāṣid al-sharīʿa) are to attain maṣlaḥa for the five necessary elements of human existence was not only novel but had long-lasting influence on the way Muslim jurists understood the procedure of analogy (qiyās). The correctness of the ratio legis was determinable by its consequences in bringing about maṣlaḥa. This shift was possible only by intellectual shifts in understanding the relationship between ethics and law. This paper traces the development in conceptions of ethics and its impact on the procedure of analogy in three 5th/11th century predecessors of al-Ghazālī, namely al-Baṣrī, al-Dabbūsī, and al-Juwaynī. It shows that al-Ghazālī’s definition of the purposes of the Law was developed based on previous conceptual shifts in the ratio legis from being a sign for the ruling to reflecting the ethical content of the divine injunction.

The Theory of Higher Objectives and Intents of Islamic Law (Maqasid Al-Shariah) as One of Instrument of Ijtihad According to Imam al-Shatibi in Al-Muwafaqat Fi Ushli Al-Syari`ah

As written in Al-Muwâfaqât Fi Ushûli Al-Syari'ah, Imâm Al-Shatibi explained that every divine law (the command of Allah) must be prescribed on purposes and objectives. The desired objective of law is to fulfill for the benefit of humankind. Imâm Al-Shatibi divided the higher objectives of law into two categories: (1) the objectives of the Lawgiver (Allah as the Lawgiver), and (2) the human objectives (the benefits that refer to human as the doer of Law). The human objectives are defined in three scales: from the ‘essential’ (dharûriyat), to the ‘necessary’ (hajiyât), and to the ‘complementary’ (tahsiniyât). Furthermore, Imam Al-Shatibi explained that there are four steps in understanding the human objectives. The first is understanding maqasid (the objectives) through the purity of the command and prohibitions. Second,it is understanding maqasid through the existence of ‘illah (basis) contained in commands and prohibitions. And the third, understanding the maqasid through the law that related to 'adah (habit) and 'ibadah (worship) which have the main and additional objectives. Fourth, understand the maqasid through silence due to the absence of any occasions or circumstances for further declaration related to the certain matter. In other word, for certain issue, there is no evidence from the Holy book that provides the reasons of the law implementation even though there is a meaning (ma’na) behind the revelation.

Joseph Schacht’s Concept of Right in Islamic Law: An Analysis

While writing about the sacred law of Islam, Joseph Schacht expresses his concerns and doubts about the origins of Islamic law calling it Muhammadan Jurisprudence. He believed that Islamic law is not a Divine law and that Prophet Muhammad (peace be upon him) had no role as a legislator. Schacht’s writings influenced many Western scholars, many of whom subscribe to his thesis. This paper discusses Schacht’s approach towards Islamic law which he calls Muhammadan jurisprudence and continues to analyze his assumption that Islamic Law does not recognize the term right, comparing it with thoughts and opinions of other scholars and mentioning evidences brought forth by both the parties.

Explaining the Quiddity of Prophet Khidr (PBUH) with the Focus on Interpretive Analysis of Verses 60 to 82 of Surah Al-Kahf and Removing Doubts About It

The story of the meeting of Prophet Moses with Prophet Khidr is mentioned in verses 60 to 82 of Surah al-Kahf. The latter is introduced as Khidr in the narrations and in the following years he also met with the Imams, on the basis of which his long life has been discussed. This story has many ambiguities and doubts. How the Prophet Moses, as the 'Ulu al-ʿAzm Prophet, followed that person and the deeds done by the wise person, which is not accepted in any divine law, and this has left much discussions for the commentators. The cause of this endless life is not well known. Most commentators have gone into the confusing details of the story and tried to resolve it. They have considered Moses' obedience to Khidr outside the legislative system and due to the evolution of Khidr's actions, they have considered a different personality for him that has no similar texts anywhere and attributed the long life of this personality to drinking the Fountain of Youth. These questionable justifications led to the study of the essence of the problem and the identification of the nature of Khidr’s personality from different angles. According to the interpretation of the Qur'an by the Qur'an, we have examined the various dimensions of the story in order to gain a Qur'anic knowledge of this character. At first glance, this story does not have the same in other verses, but in many similarities in the identity, duties and deeds of Khidr with the angels, the possibility has been stronger that Khidr has been an angel. Introducing Prophet Khidr not as a human being but as an angel including the divine messenger angels can answer all questions and doubts accurately and without any conflict and opposition with the Qur'an and religious principles and Shiism.

فقہاے احناف رحمۃ اللہ علیہم کے ہاں آثار صحابہ رضی اللہ عنہم سے استفادے کی نوعیت اور اصول

As the first generation of Islamic history and the direct witnesses to the revelation of the divine law, the opinions of the Companions of the Holy Prophet (PBUH) hold significant position in the Muslim theological and legal tradition. Consequently, the Muslim Ummah has treated their sayings, actions, and understanding of legal issues—often termed as āthār of the Companions—as one of the most important sources of Islamic law besides the Qur’ān and the sunnah. Their opinions and decrees constitute one of the basic foundations on which all classical legal systems are based, though there are interesting debates among them regarding the framework in which these opinions and decrees are to be used. This article analyzes the framework in which ḥanafī jurists utilized the āthār of the Companions while citing various examples from ḥanafī legal tradition.

3. Atheist ethics

‘Atheist ethics’ argues that atheists are not only capable of leading moral lives, they may even be more able to do so than those who confuse divine law and punishment with right and wrong. The Euthyphro dilemma is very powerful argument against the idea that God is required for morality. An objection to the possibility of a godless morality is the degree of personal choice it seems to leave to the individual. It is important to identify the source(s) of morality and look at the concept of moral thinking. Ultimately, many remain unconvinced that secular ethics really can thrive without some kind of religious foundation.