Intellectual Discourse (Journal)
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The Maqāṣid approach and rethinking political rights in modern society
Get PDFThis paper examines political rights in Islam by focusing on freedom of religion and the extent to which the state is empowered to enforce faith and religious law on society. It starts by comparing the notion of law in both Western and Islamic traditions, and then analyzes the difference between the ethical and legal within Sharī‘ah. The paper illustrates how Islamic law grew historically by working to limit the power of the state, and points out the need to maintain the distinction between the state and civil society for the proper implementation of Sharī‘ah. The paper also contends that those who call on the state to enforce all rules of Sharī‘ah on society rely on a faulty theory of right and concludes that Islamic law fully recognizes the right of individuals to adopt and practice their faith freely. Freedom of religion, it stresses, is an intrinsic aspect of Islamic law and all efforts to limit this freedom is bound to violate its purpose and dictates
Under Moroccan Gaze: Dis/(Re)orienting Orientalism American Style in Abdellatif Akbib’s Tangier’s Eyes on America
Get PDFThis article engages with travel literature and is mostly concerned with the image of America in Abdellatif Akbib’s travel-inspired narrative, Tangier’s Eyes on America (2001). It is devoted to examining a number of patterns of representation especially as they pertain to the notion of counter discourse and counter-hegemonic modalities of resistance and subversion. It also inspects the discursive mechanisms Akbib employs to represent America and highlights how Western cultural prejudices and stereotypes are destabilised, and how the discursively-inflected distortions of the Orientalist mindset are disturbed in his work. The choice of this text is determined by a strong desire to discover how the Other of the Orientalist ideology examines and understands the Western Self and modernity and how he/she dismantles “the Centre/Margin binarism of imperial discourse.
Al-Dharā’i‘ and Maqāṣid al-Sharī‘ah: A case study of Islamic insurance
Get PDFThis paper aims at exploring the concept of al-dharā’i‘ in its broad meaning, both at the preventive and proactive levels (sadd and fatḥ al-dharā’i‘). The application of al-dharā’i‘ at both levels plays a significant role as a practical mechanism towards the realisation of maqāṣid, due to the cause-effect relationship between means and objectives. Thus, the legality or the Sharī‘ah value of an act could be determined based on its possible results in procuring benefits and/or preventing harm. Islamic Insurance has been considered a new development in fiqh al-mu‘āmalāt. The current debate is not on the question of legality of insurance as a concept and practice but rather to provide an Islamic model of insurance that conforms to the criteria of the Sharī‘ah that helps realise its objectives. Due to the unavailability of direct texts on this issue, some practical aspects of insurance depend largely upon the predominance of either beneficial or evil ends. This paper will, therefore, look into some controversial issues prevailing in insurance practice and an attempt will be made to review the issues within the framework of realisation of Maqāṣid al-Sharī‘ah via the application of dharā’i‘ both at preventive and proactive levels
Hard choices: Security, democracy and regionalism in Southeast Asia. Edited by Donald K. Emmerson
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