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Islamic Normative Legal Theory: Framework and Applications

Ahmed, Habib

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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.

Citation

Ahmed, H. (online). Islamic Normative Legal Theory: Framework and Applications. Journal of Law and Religion, https://doi.org/10.1017/jlr.2025.10056

Journal Article Type Article
Acceptance Date Jan 9, 2025
Online Publication Date Aug 27, 2025
Deposit Date Jan 16, 2025
Publicly Available Date Aug 27, 2025
Journal Journal of Law and Religion
Print ISSN 0748-0814
Electronic ISSN 2163-3088
Publisher Cambridge University Press
Peer Reviewed Peer Reviewed
DOI https://doi.org/10.1017/jlr.2025.10056
Public URL https://durham-repository.worktribe.com/output/3336322
This output contributes to the following UN Sustainable Development Goals:

SDG 15 - Life on Land

Protect, restore and promote sustainable use of terrestrial ecosystems, sustainably manage forests, combat desertification, and halt and reverse land degradation and halt biodiversity loss

SDG 16 - Peace, Justice and strong institutions

Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels

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