The term 'maqasid syariah', or the higher objectives of Islamic law, was not coined by PKR leader Anwar Ibrahim.
The former Abim leader rescued it from medieval obscurity and invested it with new significance in his discourses at international forums in recent years to argue Islam's compatibility with democracy.
The term gained currency in the 12th century when the Islamic jurist Al-Shatibi used it to posit the idea that essence supersedes literalism; to wit, the higher aims of Islamic law, which he said were the sanctity of religion, justice, the inviolability of life and property, took priority in scriptural interpretation.
From the maqasid syariah, Anwar extrapolated the argument that Islam was compatible with democracy, citing in support the writings of another cleric, Rifa'a Rafi' al-Tahtawi, from Al-Azahar University, who is 1834 published a book of his interpretations of the French constitution of 1814, which he studied closely during a five-year stay in Paris beginning 1826.
In his analysis of constitutional government in France, Rifa'a gave an enthusiastic rendition of its key points, justifying his endorsement of them under the rubric of justice (ad'l), which he said was a paramount objective of Islamic law.
Though Rifa'a would not witness a constitutional revolution in his time, he is recognised as the person who initiated the discussion of constitutionalism in the Arab world.
The unrest in the Arab crescent from the beginning of this year has its roots in the intellectual ferment that Rifa'a helped start nearly two centuries ago.
By rescuing the maqasid syariah from medieval mists and by resuscitating the discourse on constitutional government begun by Rifa'a, Anwar has grounded his attempt to show that Islam is compatible with democracy on Islamic postulates and principles.
A recurrence of his perennial bugbear, a bad back, prevented him from attending a session on 'Wacana Maqasid Syariah' in Penang last Friday, a session where he usually does the summation following presentations by other PKR intellectuals like Dr Siddiq Fadhil and Dr Muhammad Nur Manuty (left).
His absence devolved that responsibility on Nur Manuty, who heads the information and inter-religious liaison portfolios in PKR.
Kugan deserved due process
In just one instance, what Nur Manuty said had to be heard to be believed, and all his espousal of the maqasid syariah could be hung on that one argument.
He told a sparse crowd of about 200 listeners at the Dewan Sri Pinang - it was reckoned the audience would have been thrice that number had Anwar been present - that Indian Malaysian M Kugan, who died in police custody two years ago, deserved due process just as much as any other citizen of the country.
Nur Manuty was at pains to tell his audience that his understanding of the maqasid syariah entailed respect for the constitutional rights of any citizen, irrespective of the religious affiliation of the person.
He said that Kugan (right) might have been suspected of crimes against society but that could not be used as justification for the denial of his right to due process.
Nur Manuty went on to propound his understanding of what the maqasid syariahrequired of Muslim rulers and their subjects in terms of their conduct in civil society.
But in just citing the case of Kugan, he had clothed the concept in the mantle of constitutionalism that was redolent of al-Tahtawi's attempt to give French constitutionalism of the early 19th century an Islamic drapery by justifying it under the Islamic imperative of justice.
And justice is the jewel in the constellation of objectives that themaqasid syariah is supposed to enthrone.
The former Abim leader rescued it from medieval obscurity and invested it with new significance in his discourses at international forums in recent years to argue Islam's compatibility with democracy.
The term gained currency in the 12th century when the Islamic jurist Al-Shatibi used it to posit the idea that essence supersedes literalism; to wit, the higher aims of Islamic law, which he said were the sanctity of religion, justice, the inviolability of life and property, took priority in scriptural interpretation.
From the maqasid syariah, Anwar extrapolated the argument that Islam was compatible with democracy, citing in support the writings of another cleric, Rifa'a Rafi' al-Tahtawi, from Al-Azahar University, who is 1834 published a book of his interpretations of the French constitution of 1814, which he studied closely during a five-year stay in Paris beginning 1826.In his analysis of constitutional government in France, Rifa'a gave an enthusiastic rendition of its key points, justifying his endorsement of them under the rubric of justice (ad'l), which he said was a paramount objective of Islamic law.
Though Rifa'a would not witness a constitutional revolution in his time, he is recognised as the person who initiated the discussion of constitutionalism in the Arab world.
The unrest in the Arab crescent from the beginning of this year has its roots in the intellectual ferment that Rifa'a helped start nearly two centuries ago.
By rescuing the maqasid syariah from medieval mists and by resuscitating the discourse on constitutional government begun by Rifa'a, Anwar has grounded his attempt to show that Islam is compatible with democracy on Islamic postulates and principles.
A recurrence of his perennial bugbear, a bad back, prevented him from attending a session on 'Wacana Maqasid Syariah' in Penang last Friday, a session where he usually does the summation following presentations by other PKR intellectuals like Dr Siddiq Fadhil and Dr Muhammad Nur Manuty (left).His absence devolved that responsibility on Nur Manuty, who heads the information and inter-religious liaison portfolios in PKR.
Kugan deserved due process
In just one instance, what Nur Manuty said had to be heard to be believed, and all his espousal of the maqasid syariah could be hung on that one argument.
He told a sparse crowd of about 200 listeners at the Dewan Sri Pinang - it was reckoned the audience would have been thrice that number had Anwar been present - that Indian Malaysian M Kugan, who died in police custody two years ago, deserved due process just as much as any other citizen of the country.
Nur Manuty was at pains to tell his audience that his understanding of the maqasid syariah entailed respect for the constitutional rights of any citizen, irrespective of the religious affiliation of the person.
He said that Kugan (right) might have been suspected of crimes against society but that could not be used as justification for the denial of his right to due process.Nur Manuty went on to propound his understanding of what the maqasid syariahrequired of Muslim rulers and their subjects in terms of their conduct in civil society.
But in just citing the case of Kugan, he had clothed the concept in the mantle of constitutionalism that was redolent of al-Tahtawi's attempt to give French constitutionalism of the early 19th century an Islamic drapery by justifying it under the Islamic imperative of justice.
And justice is the jewel in the constellation of objectives that themaqasid syariah is supposed to enthrone.
TERENCE NETTO has been a journalist for close on four decades. He likes the occupation because it puts him in contact with the eminent without being under the necessity to admire them. It is the ideal occupation for a temperament that finds power fascinating and its exercise abhorrent.
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