Formalism versus Purposivism in Islamic Jurisprudence: The Case of Islamic Finance Law

Abstract

This manuscript critically discusses the current implications of the scriptural injunctions against gharar and maysir. It elaborates how overlooking the features of the contemporary world and adopting a formalistic approach in Islamic jurisprudence have led to absurdity in implication of the doctrines of gharar and maysir for Muslim’s financial activities. The manuscript also underscores the necessity of adopting maqāsid approach (purposivism) in Islamic jurisprudence. It propounds that the cogent concern of the injunctions could have been an initiative for Islamic scholars to establish an advanced contract law and to promote transparency in economic activities if maqāsid approach had been adopted in Islamic jurisprudence.

Keywords: Islamic Finance Law; Maqāsid al-Sharī’ah; Gharar; Maysir