Abū Yaʿrub al-Marzūqī and His Critique of the maqāṣid Theory

Abstract

The purpose of this essay was to examine and evaluate Abū Yaʿrub al-Marzūqī criticism of the maqāṣid theory. Al-Marzūqī is mostly concerned with epistemology and ethics. He contends that the maqāṣid theory is insufficient to assert access to God’s meaning in Islamic law, since it is based on shaky processes of knowledge, particularly that of ratiocination, ta'lil. On the other hand, he challenges the maqāṣid jurists’ authority to define the goals of the law in the absence of popular support. Additionally, he charges the maqāṣid jurists with endorsing political authority so that it can utilize the maqāṣid method to defend specific policies in the name of upholding the public interest. His primary claim is that the maqāṣid theory exhibits arbitrariness.