Human Values in Islamic Legislation

Dr Ghalia Bouhedda
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The paper tends to explore human values embodied in the corpus of Islamic laws. The latter is not a sheer body of rules that enforce the right and prohibit the wrong, but a system of values that tries to cater for humanity at large. The paper would first lay bare the value system upon which Islamic law is built. It would shed light on the values of fitrah (instinct), justice, equality and freedom. These values, the paper will argue, are universal and apt to qualify the shari’ah to play a substantial role in modern legislation, provided it undergoes an adequate reform process commensurate with modern dictates.

The paper will devote a substantial part to the issue of maqasid al-Shari‘ah (the objectives of Islamic law), a unique doctrine of values that features Islamic legal system. This doctrine is directly connected to human values and the way they should be realized in any legislative process. From this perspective, human Sciences, especially Sociology, are of paramount significance to capture human values and incorporate them in the Islamic legislative process. This will open the door widely for religious studies to integrate in the Humanities and the possibility of the opposite. Thus, one of the daring attempts of this paper is to explore the horizons of integration between Islamic legal theory and the Humanities.

Keywords: Human Values, Islamic Law, Integration
Stream: Religion, Spirituality
Presentation Type: Paper Presentation in English
Paper: A paper has not yet been submitted.

Dr Ghalia Bouhedda

Assistant Professor, Department of Fiqh and Usul al-Fiqh, Faculty od Islamic Revealed Knowledge and Human Sciences., International Islamic University Malaysia
Kuala Lumpur, Kuala Lumpur, Malaysia

My research interest is currently in contemporary issues of Islamic law;women affairs from Humanistic and religious perspectives.

Ref: H06P0397