Abstract

Maqasid al-Shari’a is a term that is widely used nowadays in the field of Islamic law. However, since the beginning of the 1990s, the Supreme Constitutional Court (SCC) of Egypt, in its interpretation of Article 2 of the Egyptian Constitution, started endorsing the maqasid as a framework through which it conceptualizes the application of Islamic law. Also, with Islamists and religious figures using the maqasid as a framework to use reason and adopt the traditional Islamic jurisprudence to the modern contexts, it is essential to trace how the classical theory of maqasid was developed and what are the constituents of that theory. This paper, accordingly, traces the classical theory of maqasid versus how it has been used since the ‘revival’ of the theory in the late 19th century by Rashid Rida. Accordingly, with such investigation of the roots of the theory and how the classical jurists conceptualized its application, this paper analyzes the SCC’s use of maqasid to demonstrate how the maqasid was a tool used by the court to mediate between different political actors, specifically between the militant Islamists in the 1990s and the secular government.

Department

Law Department

Degree Name

LLM in International and Comparative Law

Graduation Date

2-1-2016

Submission Date

November 2016

First Advisor

Badawi, Nesrine

Committee Member 1

Sayed, Hani

Extent

51 p.

Document Type

Master's Thesis

Rights

The author retains all rights with regard to copyright. The author certifies that written permission from the owner(s) of third-party copyrighted matter included in the thesis, dissertation, paper, or record of study has been obtained. The author further certifies that IRB approval has been obtained for this thesis, or that IRB approval is not necessary for this thesis. Insofar as this thesis, dissertation, paper, or record of study is an educational record as defined in the Family Educational Rights and Privacy Act (FERPA) (20 USC 1232g), the author has granted consent to disclosure of it to anyone who requests a copy.

Institutional Review Board (IRB) Approval

Approval has been obtained for this item

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