| Abstrakt: |
Since the beginning of the twentieth century, modernist Islamic reformers have proposed more "objectives of Islamic law" or maqşid al-sharī'ah and argued that the maqşid-oriented approach indicates that Islamic priorities include the modern principles of democracy, social justice, human rights, and government accountability. This paper considers the evolution of maqşid and its relationship with the traditional framework of uūl al-fiqh. Subsequently, it addresses how the new maqşid discourse has been politicized. It analyzes the use of maqşid by Shaykh 'Abdullah Bin Bayyah in his recent declarations concerning the UAE's policies against regional democracy. This paper argues that Bin Bayyah's interpretation of malaah (legal benefit) and his adoption of the idea of absolute obedience to the ruler (walī al-amr) are not based on the traditional interpretation of the sacred texts that have been adopted by Salafists and Traditionalists. Rather, it is deeply rooted in the maqşid discourse and rational reasoning related to Islamic modernism. The article includes a comprehensive examination of Bin Bayyah's justifications, as based on two basic points: first, the priority of peace as a higher objective (maqid) of sharī'ah than rights and justice; second, the verification of the ratio legis (taqīq al-manş). This paper argues that this ideological interpretation could shift the purpose-oriented basis of maqşid al-sharī'ah to result-oriented objectives, which focus on specific ideologies to satisfy contradicting political ends. [ABSTRACT FROM AUTHOR] |
