In the Modern Culture the Protection of Women’s Rights and the Islamic Shariah Rules: A Critical Analysis

Abstract

The term 'maqsid' (plural: Maqasid) refers to a purpose, objective, principle, intent, goal, end, telos (Greek), finalite (French), or Zweck (German). Maqasid of the Islamic law are the objectives/purposes behind Islamic rulings. For a number of Islamic legal theorists, it is an alternative expression to 'people's interests' (masalih ). 'Maqasid al-Shariah' are masalih that provide answers to the questions about the hierarchy of interests in Islamic law. Maqasid include the wisdoms behind rulings, such as 'enhancing social welfare,' which is one of the wisdoms behind charity, and 'developing consciousness of God,' which is one of the wisdoms behind fasting. Maqasid are also good ends that the laws aim to achieve by blocking, or opening, certain means. Thus, the Maqasid of 'preserving people's minds and souls' explain the total and strict Islamic ban on alcohol and intoxicants. Maqasid are also the group of divine intents and moral concepts upon which the Islamic law is based, such as, justice, human dignity, free will, magnanimity, facilitation, and social cooperation. Thus, they represent the link between the Islamic law and today's notions of human rights, development, and civility.