The Maqāṣid al-Sharīʿa , Maṣlaḥa , and Reforming Family Law

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ID: 314413
2026
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Abstract
Abstract Several contemporary scholars have called upon the maqāṣid al-sharīʿa to reform Islamic law. Yet, when first conceptualized, the maqāṣid al-sharīʿa were theoretical principles that reflected the primary objectives of Islamic law and thus not an instrument for change. This chapter explores the legal tools scholars traditionally used, such as maṣlaḥa, to accommodate change. The chapter demonstrates, as a case study, how the Mālikī law school effectively employed maṣlaḥa through a substantive legal rationality when conceptualizing marriage. Consequently, unlike any other law school, they granted women judicial divorce on the grounds of harm and adaptively re-envisioned what harm could look like across time and space to accommodate different customary standards. These methods offer a paradigm for concretizing the abstract nature of the maqāṣid and reforming the law today.
Reference Key
openalex_W7162002219 Use this key to autocite in the manuscript while using SciMatic Manuscript Manager or Thesis Manager
Authors Tesneem Alkiek
Journal Oxford University Press eBooks
Year 2026
DOI
10.1093/oxfordhb/9780197532805.013.52
URL
https://doi.org/10.1093/oxfordhb/9780197532805.013.52
Keywords Keywords not found

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