Anver M. Emon

in Islamic Natural Law Theories

Published in print April 2010 | ISBN: 9780199579006
Published online May 2010 | e-ISBN: 9780191722639 | DOI:

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This concluding chapter summarizes the book by utilizing two ironies. The first irony is that despite the contested theological positions of Hard Natural Law and Soft Natural Law jurists, their philosophies of natural law nonetheless share much in common, namely the fusion of fact and value in nature. The second irony concerns the way in which the Soft Naturalist model of reasoned deliberation is utilized by modern Muslim reforms. Although Soft Natural Law theorists permitted a role for reasoned deliberation, they limited its scope by creating certain methods of analysis, in particular the maqasid model of legal reasoning. Modern Muslims seeking to reform Islamic law from within, however, grasp onto the maqasid model in order to enable and enhance the scope of reasoned deliberation in the law, despite the maqasid model's original design.

Keywords: irony; maqasid; legal reform; natural law; reason; authority; theology; legal philosophy

Chapter.  6788 words. 

Subjects: Jurisprudence and Philosophy of Law

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