Res extensaetres cogitansdemaqasid as-shari’ah
Authors: Choudhury Masudul Alam 
Published: November 2015

Purpose

– This paper aims to undertake a critical evaluation of the purpose and objective of Islamic Law, namely,maqasid as-shari’ah, as it has evolved in Islamic scholastic experience. But, the greater philosophy and potential ofmaqasid as-shari’ahwithin the great design of the monotheistic law,sunnat-Allah, is explained. Such explanation is carried out in the light of the core of Islamic epistemology that directly induces Islamic Law.

Design/methodology/approach

– This critical evaluation is pursued in the light of the epistemological worldview and its methodical formalism of unity of knowledge contra a differentiated and conflicting view of human experience in rationalism. The episteme of unity of knowledge isTawhidas the law of everything in the precept of unity as understood by the monotheistic law,sunnat-Allah. In the light of the extendibility ofmaqasid as-shari’ahacross the relationally unifying domain ofsunnat-Allah, the potentiality ofshari’ahin terms ofres extensa(epistemic extension) andres cogitans(cognitive capacity) is discussed.

Findings

– Various occidental thoughts in this quest for extendibility of the epistemic totality are critically examined by theTawhidimonotheistic law. The universality of theTawhidilaw of monotheism in respect of its characteristics ofres extensaandres cogitansis studied to bring out the potentiality ofmaqasid as-shari’ah. Thereby, the new vision of inter-systemic extensions across diverse domains of intellection interactively unified together is formalized. This formalism goes beyond the existing limits ofmaqasid as-shari’ahconfined as it is to worldly socioeconomic affairs (muamalat).

Research limitations/implications

– A much broader investigation is opened up by this paper that can be extended by academic work.

Practical implications

– The practical support of the criticism against both the idea ofshari’ah-compliance and the incomplete implication ofmaqasid as-shari’ahas presently understood among Islamic scholars is carried out by a detailed empirical work. The extension to the choice of a new financial instrument of Foreign Trade Financing Certificate is introduced.

Social implications

– The critical discussion launched in reference to the wider meaning, objective and purpose ofmaqasid as-shari’ahunder the epistemology of theTawhidimethodological worldview results in the substantive understanding ofmaslaha, well-being.Maslahaas well-being forms the ultimate index of socio-scientific valuation undermaqasid as-shari’ahin the light of theTawhidiepistemological worldview. Thereby, the perspective of socioeconomic development, and more extensively socio-scientific intellection, is brought out as extensively participatory evolutionary process under the principle of unity of knowledge (Tawhidiepisteme). Brief examples are invoked to establish this fact. An example of measured multidimensional well-being (maslaha) as the final index of participatory organic relations thatmaqasid as-shari’ahought to project in reference toTawhidimethodological worldview is represented.

Originality/value

– This is a distinctively original paper in an area that has not been investigated thus far. Besides, much scope for further intellectual investigation is opened up.