Islamic Normative Legal Theory: Framework and Applications

Abstract In this article, the author develops an Islamic normative legal theoretical framework by using three key Islamic methodological approaches—(1) juridical theory of law ( uṣūl ), (2) legal maxims ( qawāʿid ), and (3) purposive-based theory ( maqāṣid )—in light of Ronald Dworkin’s notions of rules, principles, and policies, respectively. While uṣūl is used to develop rules, qawāʿid and maqāṣid provide the normative values that govern rulemaking. In addition to presenting a coherent model of Islamic normative legal theory, the author examines legitimacy issues of Islamic law that relate to links of rules to sharīʿa revealed texts and applies the Islamic normative legal theoretical framework to contemporary rulings on the environment, organ transplants, and Islamic finance. The case studies show that using the integrated normative framework would yield more ethical rulings than those that focus on juridical methods ( uṣūl ) only. The author argues that while the extent of legal legitimacy can vary across different rulings, the application of the Islamic normative legal framework ensures normative legitimacy in all cases, ensuring the moral character of Islamic law.