Abstract
Abstract : The Adoption of the Maqāṣid al-Sharī`ah, (Purposive Objective of the Law) a principle orientated approach to Islamic law, is increasing being presented as a panacea to relieve the tension arising from the intersection of classic Islamic law, derived in a historical context of clearly delineated Islam vs ‘other’ socio-political constructs, with contemporary globalization and forced co-existence of Muslims with ‘other’ communities. This dissertation argues that contemporary Maqāṣid reform scholars are steering a course, through the re-construction of the Maqāṣid discourse that is conducive to the agenda of ‘Empire’, an ‘entity’ constitutive of like-minded transnational corporations motivated by the desire for increased excessive capital accumulation, regardless of the consequences. Contemporary Maqāṣid scholars fall victim to ‘Empire’ as demonstrated by this dissertation in their inclination towards satisfying contemporary human rights discourse. Postcolonial analysis uncovers the modus operandi of ‘Empire’, especially with regard to its annexation of human rights. Postcolonial insights moreover sounds a warning to Maqāṣid scholars that they may be perpetrating similar errors which colonialist was guilty of, and on which Orientalism was founded namely a universalist and essentialist perspective. The dissertation warns that Maqāṣid scholars should be wary of hegemony of Muslim cultures through the inadvertent incorporation of hegemonic values via the Maqāṣid discourse, and likewise should not adopt universalist and essentialist perspectives which promotes hegemony towards different cultures.
M.A. (Islamic Studies)