Maqāṣid or Sharī‘a? Secularism, Islamic Reform, and Ethics in Modern Turkey

Abstract

T his chapter elaborates on the role of the maqāṣid al-sharī'a [the higher objectives of Islamic law] in the Islamic reform discussions and movements in modern Turkey. Considering the sustained importance and the pivotal role of the discourse in other Muslim contexts analyzed in this book, I will argue that the Turkish literature on the maqāṣid al-sharī'a appears relatively recent, abstract, academic, and, more significantly, antireformist. This stands in stark contrast to the conventional employment of the maqāṣid al-sharī'a in the service of reform. In the last hundred years or so, the maqāṣid al-sharī'a discourse, however differently understood and conceptualized, was more frequently voiced by a number of different actors as a venue for change rather than what we term "modern reformist projects." Unlike the accepted traditional concepts of "renewal" and "revival" [tajdīd and iṣlāḥ], reformist projects were viewed as proposals disconnected from and directly attacking the rich traditional legal heritage. In the same vein, a distinguishing feature of one of the most prevalent approaches to the maqāṣid discourse in Turkey today is its self-depiction as the authentic conservative voice of the tradition against reformist proposals, and its deep critique of the idea of "reform," understood literally as reshaping religion by declaring the classical Islamic legal heritage as redundant if not an obstacle for meaningful reform. Understanding the specific, local

The Concept of God in Shaping the Use of Maqasid by Historicist Thought in Turkey: The Case of İlhami Güler and Mustafa Öztürk

“…Therefore, there is no direct relationship between Dorroll's studies and those of the school advocating the historicity of the Qur'an, which will be examined. Aydo gan Kars (2014) categorizes four distinct approaches to Sharia in Turkey: (i) 'Renewal and Legal Traditionalism' represents those theologians and academics advocating for a flexible and self-renewing ethical and legal interpretation, rooted in maqās . id al-sharī'a; (ii) A scholarly group avoids commentary but aligns with the classical maqasid discourse; (iii) 'Revisionist' academics aim for a comprehensive reinterpretation of Islamic norms, influenced by post-Enlightenment Western hermeneutics; (iv) A final, diverse group views Sharia solely in legal or ethical terms, advocating for a secular separation of religion and politics.…”

A systematic review on homo Islamicus: classification and critique

“…The spiritual goal in Islam is the pleasure of Allah (SWT) in various aspects of life (Elviandari et al, 2018), including the economy. In Islamic law, spiritual goals are part of the maqa sid shariah, framed by Allah (SWT) in Islamic texts (Kars, 2014;Ullah and Kiani, 2017). In short, the superiority of Islamic society will be primarily determined by individuals' awareness of the goals of shari'ah and Islamic values.…”