2019
DOI: 10.1017/asjcl.2019.34
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Transformative Vision of Islamic Jurisprudence and the Pursuit of Common Ground for the Social Good in Pluralist Societies

Abstract: Notions of the social good including rights, fairness, and economic efficiency influence our choices of law and policymaking. The discussion on social good is normally a heated one in pluralistic societies with multiple worldviews on the right thing to do. This article brings a novel Islamic perspective on the social good in pluralistic societies. In doing so, it makes and defends three propositions: first, religious notions of the social good, including those derived from the Islamic worldview, should not be … Show more

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Cited by 6 publications
(3 citation statements)
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“…The legal tradition is characterized by a wide range of legal reasoning and interpretation, which is based on the Quran, the Hadith (the sayings and actions of the Prophet Muhammad), as well as academic consensus (ijma) and analogical reasoning (qiyas) (Hallaq, 2022;Mathur, 2022). Islamic jurisprudence comprises diverse schools of thought and methodology, each providing unique interpretations of Islamic law and values (Elmahjub, 2019;Nyazee, 2019). Within this context, feminist scholars and activists analyze Islamic scriptures and legal principles to promote gender equality and women's rights (Duderija, 2020;Mir-Hosseini, 2019a).…”
Section: Theoretical Frameworkmentioning
confidence: 99%
“…The legal tradition is characterized by a wide range of legal reasoning and interpretation, which is based on the Quran, the Hadith (the sayings and actions of the Prophet Muhammad), as well as academic consensus (ijma) and analogical reasoning (qiyas) (Hallaq, 2022;Mathur, 2022). Islamic jurisprudence comprises diverse schools of thought and methodology, each providing unique interpretations of Islamic law and values (Elmahjub, 2019;Nyazee, 2019). Within this context, feminist scholars and activists analyze Islamic scriptures and legal principles to promote gender equality and women's rights (Duderija, 2020;Mir-Hosseini, 2019a).…”
Section: Theoretical Frameworkmentioning
confidence: 99%
“…However, there is growing opposition in comparative Islamic studies to this view of al-Ghazali's normative ethics. For a detailed critical evaluation, see Elmahjub (2019). The dominant opinion Autonomous vehicle (AV) crash algorithms regarding al-Ghazali's normative ethics remains that ma Á sla Á ha in this moral dilemma entails recognizing the duty to refrain from sacrificing an individual human life as a as a first-order principle, without engaging in consequentialist calculations of cost and benefit.…”
Section: Two Guiding Normative Visionsmentioning
confidence: 99%
“…38 Or, even the benefit of society, as revealed in Elmahjub's research. 39 It is only natural that in Ali's research is said that the struggle between Islam and customs in Sulawesi is a process of accommodation and conflict in the whole system. 40 So it is clear that the position of the mombolasuako action in the CTSSS in this context is a form of action which has a degree of obstructions/loss/damages that is classified as strong, although it does not reach the definite classification of beliefs.…”
Section: Mombolasuako In the Islamic Law Perspectivementioning
confidence: 99%