Objectives of Islamic Law

Correctly understand the objectives of Islamic law so that you can gain clarity in the confusions crea confidence in your religion in the face of media misrepresentations of controversial Shariah rulings

Learn the wisdom behind legal rulings, namely the maqasid alshariah (objectives of Islamic law)the preservation of religion, life, family, intellect, and wealth Avoid both an overzealous application and a complete abandonment of these objectives Understand the role of maslaha, maqasid, and `urf in the formulation of Islamic Law Apply key principles for analyzing media articles that portray Muslims and Islamic Law in a negative light Understand the Muslim position on various controversies surrounding points of Islamic Law in the media Completion of the Foundations curriculum is a required prerequisite. Introductory Topics and Key Principles (4 lessons) o Reason and revelation o Maslaha in Islamic Law o Established practice and culture in Islamic Law o The Objectives of Islamic Law Women in Islamic Law (2 lessons) o Women and Family o Women and Society Religious Freedom in Islamic Law (1 lesson) o Non Muslims o Apostasy State Relations in Islamic Law (1 lesson) Slavery in Islamic Law (1 lesson) Criminal Punishments in Islamic Law (1 lesson) Politics in Islamic Law (1 lesson) Commanding the Right and Forbidding the Wrong in Islamic Law (1 lesson)

Maqasid al-shari`ah (the objectives of Islamic law) was traditionally a specialized subject that was not formally studied as part of scholarly training. To understand what one must do, scholars would study fiqh (Islamic law). To understand how to derive fiqh , they would study usul al-fiqh (legal methodology). Maqasid al-shari`ah is the philosophy of Islamic law. While this philosophy is a wonderful feature of the law, it does not define the law, nor does it determine it. In the modern age, things changed and Muslim modernists brought study of maqasid al-shari`ahto the fore. They argued that while the maqasid namely the preservation of religion, life, family, intellect, and wealthwere universally noble and admirable, the particular legal rulings found in the

classical books of Islamic Law were cumbersome and often contrary to these maqasid . The universal maqasid were therefore more important than the particular legal rulings, and the particular rulings had to be revised in the light of the universal maqasid . This would bring Islam up-to-date with modernity and allow it to catch up with the progress of the secular modern world. This is an incorrect, overzealous (mis)application of maqasid . In contrast, modern humanism has challenged the truth of Islam on the basis of moral objections to various rulings of Islamic Lawif Islam is true, it argues, how can it be evil, unjust, violent, intolerant, and barbaric? Rulings related to women are singled out as being discriminatory against women. Rulings related to other religions are singled out as being intolerant. Rulings related to state relations and warfare are singled out as being violent. Rulings related to criminal punishments are singled out as being barbaric. These objections are voiced forcefully in the news, implicitly and explicitly, and they have already started to have an effect on Western governments that are legislating rulings against their Muslim minorities. These objections are often made against rulings that have nothing to do with Islam at all. Sometimes, though, the objections come from not understanding the maqasid that lie behind the rulings. Studying the maqasid reveals that it is not the intent of the law to discriminate, nor to be unjust, nor to kill, nor to destroy, nor to maim, nor anything else that is associated with immorality, injustice, and cruelty. The goal of this course is to correctly understand maqasid al-shari`ah to counter both mistakes described aboveapplying maqasid where they don't belong and ignoring maqasid when they are needed. The main thrust of the course, though, is to correct the latter mistake. This will be achieved by examining seven case-studies of news articles related to various controversial aspects of Islamic Law. You will learn how to analyze these news articles, how to identify untruths, how to identify propaganda, and how to understand the correct Islamic position (along with the associated wisdom and objective) on these topics. While this course will not teach you how to respond publicly to such news articles, you will learn approximately ten key principles to analyze such news so that you can clearly see where your religion is being misrepresented, leaving you with a newfound confidence in your religion. By the end of this course, you will gain clarity in the confusions created by Muslim modernists who call for a complete overhaul of Islamic law and confidence in your religion in the face of media misrepresentations of controversial Shariah rulings. You will also learn a method for analyzing news articles that portray Islamic law in a negative light. An additional benefit that you will gain from this course is clarity on how maqasid, maslaha, and `urf relate to Islamic Law. This course is meant for students who already have some formal study of the religion, and completion of the Foundations curriculum is a required prerequisite. Types of Questions Addressed:

What is the role of culture in the formulation of Islamic Law? What is the role of benefit (maslaha) in the formulation of Islamic Law? What do Muslim jurists mean when they say, Established practice (`adah) is a source of law? What do jurists mean when they say that rulings of Islamic Law change with place and time? What does it mean for Islam to be applicable for all times? Is Islamic Law biased against women? Does Islam permit genital mutilation? Does Islam permit domestic violence? How does Islam view other religions? Does Islam allow freedom of expression? What kind of relations should Muslim states have with other states? Does Islam promote a doctrine of perpetual warfare against the world? What is Islamism and is it countenanced by Islamic Law? Does Islam permit slavery? Do Muslims chop hands, lash bodies, and stone people?

Weekly live lessons will be taught by Shaykh Hamza. Printable course slides will add structure to lessons. Selected translations from key sections of Al-Muwafaqat by Imam alShatibi and Al-Qawa`id al-Kubra by al-`Izz b. `Abd al-Salam will be provided in pdf format. Project work and exams will test and strengthen your knowledge. All live sessions will be recorded, so that you can hear lessons that you may miss or review key concepts. You can post questions and engage in discussion in the course forum. Shaykh Hamza will hold weekly office hours.