Islamic Jurisprudence as an Ethical Discourse: An Enquiry into the Nature of Moral Reasoning in Islamic Legal Theory

This article seeks to develop a better understanding of the normative nature of moral reasoning in Islamic legal theory (uṣūl al-fiqh). This theory is built on a foundational proposition suggesting that moral evaluation must conform to the divine will, which aims to achieve an ethical state of affairs expressed as maṣlaḥa (social good). Jurists use notions of maṣlaḥa to interpret revelatory norms and make new rules to guide moral choices in applied ethics. However, very little is known about maṣlaḥa’s underlying nature of ethical value and normative content. In modern Islamic studies, maṣlaḥa is commonly understood in consequentialist/utilitarian terms. In situations of moral uncertainty, Muslims should aim to promote choices that maximize the good. In this article, I offer three insights into the nature of moral reasoning in Islamic legal theory. First, I show that the common consequentialist/utilitarian thesis of Islamic moral reasoning is unsustainable. Second, both...