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Maqasid al-Shari'a: A tool of mediation in the politics of the Egyptian Supreme Constitutional court
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 whi...
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2016
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| _version_ | 1867613408060243968 |
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| access_status_str | Open Access |
| author | Khalil, Reem Shehab |
| author_browse | Khalil, Reem Shehab |
| author_facet | Khalil, Reem Shehab |
| author_sort | Khalil, Reem Shehab |
| collection | Thesis |
| dc_rights_str_mv | 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. |
| description | 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. |
| format | Thesis |
| id | oai:fount.aucegypt.edu:etds-1156 |
| institution | American University in Cairo (Egypt) |
| last_indexed | 2026-06-10T12:35:39.635Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from AUC Knowledge Fountain — bepress |
| publishDate | 2016 |
| publishDateRange | 2016 |
| publishDateSort | 2016 |
| publisher | AUC Knowledge Fountain |
| publisherStr | AUC Knowledge Fountain |
| record_format | dspace |
| source_str | AUC Knowledge Fountain — bepress |
| spelling | oai:fount.aucegypt.edu:etds-1156 Maqasid al-Shari'a: A tool of mediation in the politics of the Egyptian Supreme Constitutional court Khalil, Reem Shehab 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. 2016-02-01T08:00:00Z thesis application/pdf https://fount.aucegypt.edu/etds/157 https://fount.aucegypt.edu/context/etds/article/1156/viewcontent/MA_20THESIS_20FINAL_20DAR_20draft.pdf 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. Theses and Dissertations AUC Knowledge Fountain Islamic Law Shari'a Constitutional Law Maqasid al-Shari'a NA NA |
| spellingShingle | Islamic Law Shari'a Constitutional Law Maqasid al-Shari'a NA NA Khalil, Reem Shehab Maqasid al-Shari'a: A tool of mediation in the politics of the Egyptian Supreme Constitutional court |
| title | Maqasid al-Shari'a: A tool of mediation in the politics of the Egyptian Supreme Constitutional court |
| title_full | Maqasid al-Shari'a: A tool of mediation in the politics of the Egyptian Supreme Constitutional court |
| title_fullStr | Maqasid al-Shari'a: A tool of mediation in the politics of the Egyptian Supreme Constitutional court |
| title_full_unstemmed | Maqasid al-Shari'a: A tool of mediation in the politics of the Egyptian Supreme Constitutional court |
| title_short | Maqasid al-Shari'a: A tool of mediation in the politics of the Egyptian Supreme Constitutional court |
| title_sort | maqasid al shari a a tool of mediation in the politics of the egyptian supreme constitutional court |
| topic | Islamic Law Shari'a Constitutional Law Maqasid al-Shari'a NA NA |
| url | https://fount.aucegypt.edu/etds/157 https://fount.aucegypt.edu/context/etds/article/1156/viewcontent/MA_20THESIS_20FINAL_20DAR_20draft.pdf |
| work_keys_str_mv | AT khalilreemshehab maqasidalshariaatoolofmediationinthepoliticsoftheegyptiansupremeconstitutionalcourt |