Inscrutable divinity or social welfare?

the basis of Islamic law

Knut S. Vikør

pp. 139-155

in: Guttorm Fløistad (ed), Philosophy of justice, Berlin, Springer, 2015

Abstract

Although controversies about the "Shari"a" are among of the most acute topics of law and politics today, there is little agreement about what the word means. A divine law formulated by men, a religious law but implemented by the state. These paradoxes have been solved in various ways, where the interplay between the scholarly consensus and state power as guarantor of the law has shifted more and more towards the latter. The legitimacy of the law has however been found in concepts of the "divine intention", which for many is maslaha, human and social welfare. Reformists have used this term as a way to open the Shari"a to new interpretations, based on the needs of modern society, but in line with the perceived divine intention of a good society. The article presents two divergent views from contemporary Syrian Muslim scholars, Muhammad Said Ramadan al-Buti and Muhammad al-Habash, on how far it is possible, and desirable, to reinterpret the Shari"a on the issue of women's rights and position in society.