Editing Sharia (section)

==== Sources for Ahkam al-Sharia ====
{{Main|Sources of Sharia}}
Islamic scholar [[Rashid Rida]] (1865–1935 CE) lists the four basic sources of Islamic law, agreed upon by all [[Sunni Islam|Sunni Muslims]]: "the [well-known] sources of legislation in Islam are four: the ''[[Quran|Qur'an]]'', the ''[[Sunnah]]'', the [[Ijma|consensus]] of the ''[[ummah]]'' and ''[[ijtihad]]'' undertaken by competent jurists"<ref>{{Cite book|last=Rashīd Riḍā|first=Muhammad|title=The Muhammadan Revelation|publisher=Al-Saadawi Publications|year=1996|isbn=1-881963-55-1|location=Alexandria, VA|page=127}}</ref> 

While traditional understanding strongly denies that Quran may have changed,([[Al Hejr]]:9)<ref> Classical jurists held its "[[Textual criticism|textual integrity]]" to be beyond doubt on account of it having been handed down by many people in each generation, which is known as "recurrence" or "concurrent transmission" (''tawātur'').{{harvnb|Ziadeh|2009}}{{harvnb|Hallaq|2009|pp=16–18}}{{harvnb|Dahlén|loc=chpt. 4b|2003}}</ref> the authenticity of hadiths could only be questioned through the chain of narration, though some western researchers suggests that primary sources may have also been evolved.

[[File:Blue koran sanaa.jpg|thumb|Page from the [[Sanaa manuscript]]. ]]
* ''[[Quran]]'': in Islam, the Quran is considered to be the most sacred source of law.{{sfn|Hallaq|2009|pp=16–18}} According to classical mainstream jurists, the verses of the Quran that were "revealed later" in Islamic language may have [[Naskh (tafsir)|restricted or abolished the earlier]] verses.<ref name="JBSILITA1990:43-44,56-59,122-124">[[#JBSILITA1990|Burton, ''Islamic Theories of Abrogation'', 1990]]: pp. 43–44, 56–59, 122–124</ref> Therefore, deciding which verses of the Quran will be used, in addition to other knowledge and skills, may be the job of [[Ulama|lawyers who know these issues in detail]]. Whether the Sunnah could limit the Quran remained a matter of debate. [[Madhab|Fiqh sects]] are schools of understanding that try to determine the actions that people should do or avoid based on the Quran and hadiths. [[Hanafi school|Hanafi sect]] requires that in order for something to be considered [[fard]], it must be clearly commanded in the Qur'an "according to logical and grammatical requirements such as addressee, order and scope, etc.", expressions that do not meet this condition are placed in the "wujub" class, which expresses a lower level of necessity.<ref>{{cite web |last=Ebrahim |first=Mufti |url=http://www.albalagh.net/qa/fard_wajib_sunnah.shtml |title=Albalagh.net |publisher=Albalagh.net |date=28 April 2002 |access-date=29 January 2019 |archive-date=16 January 2019 |archive-url=https://web.archive.org/web/20190116180401/http://www.albalagh.net/qa/fard_wajib_sunnah.shtml |url-status=live }}</ref> Some of these fiqh results (ahkam) may also indicate exaggeration of statements, generalizations taken out of context, and imperative broadening of scope.

A small number of verses in the Quran are about general rules of governance, inheritance, [[Marriage in Islam|marriage]], [[Hudud|crime and punishment]]. Although the Quran does not impose [[Political aspects of Islam|a specific legal-management system]], it emphasizes [[ma'ruf|custom]] in nearly 40 verses and commands [[Adl|justice.]] ([[An-Nahl]]; 90) The practices prescribed in the Quran are considered as reflections of [[Quranic hermeneutics|contextual legal understandings]], as can be clearly seen in some examples such as [[Qisas]] and [[Diya (Islam)|diya]].<ref>{{Cite web |url=https://zh.booksc.eu/book/52479161/c42c5a |title=Conflict and Conflict Resolution in the pre-Islamic Arab Society &#124; SADIK KIRAZLI &#124; download |access-date=31 January 2022 |archive-date=29 January 2022 |archive-url=https://web.archive.org/web/20220129180325/https://zh.booksc.eu/book/52479161/c42c5a |url-status=dead }}</ref><ref>{{Cite web | url=http://ndl.ethernet.edu.et/bitstream/123456789/61846/1/Tahir%20Wasti.pdf | title=The Application of Islamic Criminal Law in Pakistan | author=Tahir Wasti | website=ndl.ethernet.edu.et | year=2009}}</ref> The following statement in the Quran is thought to be the general rule of testimony in [[Islamic criminal jurisprudence|Islamic jurisprudence]], except for crime and punishment – for example, debt, shopping, etc.; O believers! When you contract a loan for a fixed period of time, commit it to writing....with justice. Call upon two of your men to witness. If two men cannot be found, then one man and two women of your choice will witness so if one of the women forgets the other may remind her....<ref>{{Cite web |title=Surah Al-Baqarah – 282 |url=https://quran.com/en/al-baqarah/282 |access-date=16 December 2024 |website=Quran.com |language=en}}</ref> Rules of inheritance was also mentioned in the Quran, in regards to certain family members having their share..{{qref|4|11|b=y|s=y}}<ref name=davidpowers>{{cite journal |last1=Powers |first1=David S. | title=Islamic Inheritance System: A Socio-Historical Approach |journal=Arab Law Quarterly |volume=8 |issue=1 |year=1993 |pages=13–29 |jstor=3381490 |doi=10.1163/157302593X00285}}</ref>

In a different example, in [[The Necklace Incident|the necklace story of Aisha]], called [[Asbab al-Nuzul]] for surah [[An-Nur]] :11-20 four witnesses were required for the accusation of adultery. In addition, those who made accusations that did not meet the specified conditions would be punished with 80 lashes. The jurisprudence of later periods stipulates that witnesses must be men, covering all [[hudud|hadd crimes]] and people who did not have credibility and honesty in society ([[Islamic views on slavery|slaves]], non-adl; [[fasiq|sinners]], infidels) could not testify against believers.<ref>{{cite book|last1=Peters|first1=Rudolph|title=Crime and Punishment in Islamic Law: Theory and Practice from the Sixteenth to the Twenty-First Century|date=2006|publisher=Cambridge University Press|isbn=978-0521796705|pages=53–55}}</ref> In addition, the Islamic judiciary did not require proof of the issues defined as [[tazir]].<ref>Oudah supports the ‘medieval’ classifi cation of crimes into hudud, qisas and diyat, and tazir. The key factors that determine the classifi cation of these crimes, he states, are the element of pardoning the accused, taking into account mitigating circumstances and the requirement of strict proof in proving the offences http://ndl.ethernet.edu.et/bitstream/123456789/61846/1/Tahir%20Wasti.pdf</ref> The statement in the Qur'an that determines the status of slaves in community is; ''ma malakat aymanuhum''<ref name="auto1">{{Cite web | url=https://www.alhakam.org/what-is-the-meaning-of-those-whom-your-right-hand-possesses-milk-al-yamin | title=What is the meaning of "those whom your right hand possesses" (milk al-yamin)? | website=www.alhakam.org | date=28 May 2021}}</ref> meaning "[[Islamic views on slavery|those whom your right hands possess]]".

Of the few criminal cases listed as crimes in the Quran, only a few of them are punished by the classical books of Sharia as determined by the verses of the Quran and are called [[hudud laws]]. How the verse [[Al-Ma'idah]] 33, which describes the crime of [[hirabah]], should be understood is a matter of debate even today.<ref>{{Cite web | url=https://ejournal.um.edu.my/index.php/JS/article/download/27993/12654/63844 | title=The crime of ḥirābah: approach, justification and significance | website=ejournal.um.edu.my | author=Muhammad Hameedullah | date=31 December 2020}}</ref><ref name="AutoN0-18">{{cite journal |last1=Khasan |first1=Moh |title=From Textuality to Universality: The Evolution of Ḥirābah Crimes in Islamic Jurisprudence |journal=Al-Jami'ah: Journal of Islamic Studies |date=24 May 2021 |volume=59 |issue=1 |pages=1–32 |doi=10.14421/ajis.2021.591.1-32 |url=https://aljamiah.or.id/index.php/AJIS/article/view/59101 |access-date=16 November 2024 |language=en |issn=2338-557X|doi-access=free }}</ref> The verse talks about the punishment of criminals by killing, hanging, having their [[Cross-amputation|hands and feet cut off on opposite sides]], and being exiled from the earth, in response to an -abstract- crime such as "[[Fasad|fighting against Allah and His Messenger]]". Today, commentators – in the face of the development of the understanding of law and the increasing reactions to corporal punishment<ref>. In contrast with textuality approach by classical Muslim's scholars, modern Muslim's scholars have the same perception to reformulate ḥirābah from many perspectives, like definition, principle of liability, and formulation of punishment. This reformulation of ḥirābah, and also of Islamic criminal law in general, not only based on compatibility reasons to modernity, but also to harmonize with the changing of time and place. Textual understanding and the principle of individual and locality in
ḥirābah are no longer competent with the principles of modernity which prior to collectivity and universality.Al-Jāmi'ah: Journal of Islamic Studies – ISSN: 0126-012X (p); 2356-0912 (e) Vol. 59, no. 1 (2021), pp.1–32, doi: 10.14421/ajis.2021.591.1-32</ref>- claim that the verse determines the punishment of "concrete sequential criminal acts" – such as massacre, robbery and rape – in addition to rebellion against the legitimate government, and that the punishment to be given depends on the existence of these preconditions. 
* ''[[Sunnah]]'' / ''[[Hadith]]'':Although hadiths have largely replaced the sunnah in [[sunni|orthodoxy]] legislation today, according to some research, the opposite was true in the early Islamic society. Sunnah originally meant a tradition that did not contain the definition of good and bad.<ref name="Juynboll">{{Cite encyclopedia |last=Juynboll |first=G. H. A. |date=1997 |title=Sunna |encyclopedia=Encyclopaedia of Islam |edition=2nd |publisher=Brill |editor1-first=P. |editor1-last=Bearman |editor2-first=Th. |editor2-last=Bianquis |editor3-first=C. E. |editor3-last=Bosworth |editor4-first=E. |editor4-last=van Donzel |editor5-first=W. P. |editor5-last=Heinrichs |volume=9 |pages=878–879}}</ref><ref>{{Cite web| url=http://www.usc.edu/schools/college/crcc/engagement/resources/texts/muslim/reference/glossary/term.SUNNAH.html | title=Sunnah | access-date=14 May 2024 | archive-date=5 December 2010 | archive-url=https://web.archive.org/web/20101205042656/http://www.usc.edu/schools/college/crcc/engagement/resources/texts/muslim/reference/glossary/term.SUNNAH.html | url-status=dead}}</ref><ref>{{cite web |last1=Wehr |first1=Hans |title=A Dictionary of Modern Written Arabic |url=https://giftsofknowledge.files.wordpress.com/2016/01/hans-wehr-searchable-pdf.pdf |website=Hans Wehr Searchable PDF |access-date=15 June 2020 |page=369 |archive-date=20 June 2018 |archive-url=https://web.archive.org/web/20180620203718/https://giftsofknowledge.files.wordpress.com/2016/01/hans-wehr-searchable-pdf.pdf |url-status=live }}</ref><ref name="OISO">{{cite web |title=Sunnah |url= http://www.oxfordislamicstudies.com/article/opr/t243/e332 |archive-url= https://archive.today/20130616030931/http://www.oxfordislamicstudies.com/article/opr/t243/e332 |url-status= dead |archive-date= 16 June 2013 |website=Oxford Islamic Studies Online |access-date=15 June 2020}}</ref><ref name="Oxford University Press">{{cite book |title=The Origins of Muhammadan Jurisprudence |last1=Schacht |first1=Joseph |publisher=Oxford University Press |date=1959 |orig-year=1950 |page=58}}</ref>  Later, "good traditions" began to be referred to as sunnah and the concept of "Muhammad's sunnah" was established.<ref name="Juynboll" /> Muhammad's sunnah gave way to the "hadiths of Muhammad" which were [[Oral tradition|transmitted orally]],{{sfn|Brown|2009|p=3}} then recorded in corpuses and [[Hadith studies|systematized and purified within following centuries]]. According to Harald Motzki and Daniel W. Brown the earliest Islamic legal reasonings that have come down to us were "virtually hadith-free", but gradually, over the course of second century [[Hijri year|A.H.]] "the infiltration and incorporation of Prophetic hadiths into Islamic jurisprudence" took place.<ref>{{cite journal | first = Harald | last = Motzki | title = The Musannaf of Abd al-Razzaq al-San'ani as a Source of Authentic Ahadith of the First Century A.H. | journal = Journal of Near Eastern Studies | volume = 50 | year = 1991 | page = 21| doi = 10.1086/373461 | s2cid = 162187154 }}</ref><ref name=DWBRTMIT1996:12>[[#DWBRTMIT1996|Brown, ''Rethinking tradition in modern Islamic thought'', 1996]]: p.12</ref> The value of customs (see also: [[urf]], [[ma'ruf]]) manifests itself in the classification of food and drinks as [[halal]] and [[haram]]; Some jurists such as Al- Shafi'i and [[Ibn Qudamah]] have determined the haram/halal criterion as "compatibility or contradiction with the Arab's customary habits and nature".<ref>Some of forbidden and permissed foods and drinks mentoined in Quran and the tradition of the prophet; others were determined by scholar, but the some of them were ınfluenced of Arab’s culturehttp://www.ilafdergi.hitit.edu.tr/Makaleler/772304030_2.14.pdf</ref> 

Although for many [[madhab|Muslim sects]], hadith was second to that of the [[Quran]] in authority,<ref name="EB">{{cite web |title=Hadith |url=https://www.britannica.com/topic/Hadith |website=Encyclopaedia Britannica |access-date=31 July 2020}}</ref> the majority of [[ahkam|Sharia rules]] derived from hadith rather than the Quran.<ref name="Forte-1978-2">{{cite journal|last1=Forte|first1=David F.|title=Islamic Law; the impact of Joseph Schacht|journal=Loyola of Los Angeles International and Comparative Law Review |date=1978|volume=1|page=2 |url=http://www.soerenkern.com/pdfs/islam/IslamicLawTheImpactofJosephSchacht.pdf |access-date=19 April 2018}}</ref>{{#tag:ref|"The full systems of Islamic theology and law are not derived primarily from the Quran. Muhammad's sunna was a second but far more detailed living scripture, and later Muslim scholars would thus often refer to Muhammad as 'The Possessor of Two Revelations'".<ref name="JACBMM2014:18">[[#JACBMM2014|J.A.C. Brown, ''Misquoting Muhammad'', 2014]]: p.18</ref>|group=Note}} The body of hadith provides more detailed and practical legal guidance, but it was recognized early on that not all of them were authentic.{{sfn|Vikør|2014}}{{sfn|Hallaq|2009|pp=16–18}} Early Islamic scholars developed personal criteria for evaluating their authenticity by assessing trustworthiness of the individuals listed in their transmission chains.{{sfn|Hallaq|2009|pp=16–18}} These studies narrowed down the vast corpus of prophetic traditions to several thousand "sound (seeming to collectors)" hadiths, which were collected in several canonical compilations.{{sfn|Hallaq|2009|pp=16–18}} The hadiths which enjoyed concurrent transmission were deemed [[mutawatir]]; however, the vast majority of hadiths were handed down by only one or a few transmitters and were therefore seen to yield only probable knowledge.{{sfn|Hallaq|2009|pp=16–18}}{{sfn|Ziadeh|2009}} The uncertainty was further compounded by ambiguity of the language contained in some hadiths and Quranic passages.{{sfn|Hallaq|2009|pp=16–18}} Disagreements on the relative merits and interpretation of the textual sources allowed legal scholars considerable leeway in formulating alternative rulings.{{sfn|Vikør|2014}}

In [[Imam Malik]]'s usage, hadith did not consist only of the words claimed to belong to Muhammad as is the case with [[Shia|Shiite Muslims]]. While hadith does not appear to be an important source of decision for early fiqh scholars such as [[Abu Hanifa]], for later scholars, hadith is perceived as the words of Muhammad merely and is considered as a strong and separate source of decision alongside the Quran. Today, [[Quranism|Quranists]] do not consider hadiths as a valid source of religious rulings.<ref name=":3">{{cite web |title=Hadis & Sünnet: Şeytani Bidatler |url=http://www.teslimolanlar.org/ekler.php?ekid=19 |access-date=25 May 2021 |website=Teslimolanlar |archive-date=25 May 2021 |archive-url=https://web.archive.org/web/20210525090921/http://www.teslimolanlar.org/ekler.php?ekid=19 |url-status=dead }}</ref><ref>{{Cite book|last=Öztürk|first=Yaşar Nuri|title=İslam Nasıl Yozlaştırıldı: Vahyin Dininden Sapmalar, Hurafeler, Bid'atlar|date=2015|id={{ASIN|9756779306|country=tr}} }}</ref><ref>{{cite web|title=Appendix 19, Hadith & Sunna: Satanic Innovations|url=https://www.masjidtucson.org/quran/appendices/appendix19.html|access-date=26 August 2021|website=www.masjidtucson.org|archive-date=20 August 2022|archive-url=https://web.archive.org/web/20220820173104/https://www.masjidtucson.org/quran/appendices/appendix19.html|url-status=live}}</ref>
* ''[[Ijma]]'': it is the consensus that could in principle elevate a ruling based on probable evidence to absolute certainty.{{sfn|Hallaq|2009|pp=21–22}}{{sfn|Vikør|2014}} This classical doctrine drew its authority from a series of hadiths stating that the Islamic community could never agree on an error.{{sfn|Hallaq|2009|pp=21–22}} This form of consensus was technically defined as agreement of all competent jurists in any particular generation, acting as representatives of the community.{{sfn|Hallaq|2009|pp=21–22}}{{sfn|Vikør|2014}}{{sfn|Kamali|1999|p=146}} However, the practical difficulty of obtaining and ascertaining such an agreement meant that it had little impact on legal development.{{sfn|Hallaq|2009|pp=21–22}}{{sfn|Vikør|2014}} A more pragmatic form of consensus, which could be determined by consulting works of prominent jurists, was used to confirm a ruling so that it could not be reopened for further discussion.{{sfn|Vikør|2014}} The cases for which there was a consensus account form less than 1 percent of the body of classical jurisprudence.{{sfn|Hallaq|2009|pp=21–22}}
* ''[[Qiyas]]'': it is the Analogical reasoning that is used to derive a ruling for a situation not addressed in the scripture by analogy with a scripturally based rule.{{sfn|Ziadeh|2009}} In a classic example, the Quranic prohibition of drinking wine is extended to all intoxicating substances, on the basis of the "cause"  (''ʿilla'') shared by these situations, which in this case is identified to be intoxication.{{sfn|Ziadeh|2009}} Since the cause of a rule may not be apparent, its selection commonly occasioned controversy and extensive debate.{{sfn|Hallaq|2009|pp=23–24}} Majority of [[Sunni Muslims]] view ''[[Qiyas]]'' as a central Pillar of ''[[Ijtihad]]''.<ref name="overview">{{cite book|author1=Irshad Abdel Haqq|url=https://books.google.com/books?id=5ZS7EaHTQX8C&q=Islamic+law%3A+An+Overview+of+Its+Origins+and+Elements&pg=PA1|title=Understanding Islamic Law: From Classical to Contemporary|publisher=Rowman Altamira|year=2006|isbn=9780759109919|editor1-last=Ramadan|editor1-first=Hisham M.|author-link1=Islamic law: An Overview of Its Origins and Elements|access-date=17 August 2016|archive-date=20 September 2021|archive-url=https://web.archive.org/web/20210920215257/https://books.google.com/books?id=5ZS7EaHTQX8C&q=Islamic+law:+An+Overview+of+Its+Origins+and+Elements&pg=PA1|url-status=live}}</ref> On the other hand; [[Zahiri]]tes, [[Ahmad ibn Hanbal]], [[Al-Bukhari]], early [[Hanbalites]], etc rejected ''Qiyas'' amongst the Sunnis.<ref>{{Cite book|last=B. Hallaq|first=Wael|title=The Origins and Evolution of Islamic Law|publisher=[[Cambridge University Press]]|year=2005|isbn=978-0-521-80332-8|location=Cambridge, UK|pages=124, 127}}</ref><ref>{{cite journal|last1=Lucas|first1=Scott C.|date=2006|title=The Legal Principles of Muhammad B. Ismāʿīl Al-Bukhārī and Their Relationship to Classical Salafi Islam|journal=Islamic Law and Society|volume=13|issue=3|page=292|doi=10.1163/156851906778946341}}</ref><ref>Mansoor Moaddel, ''Islamic Modernism, Nationalism, and Fundamentalism: Episode and Discourse'', pg. 32. [[Chicago]]: [[University of Chicago Press]], 2005.</ref> Twelver Shia jurisprudence also does not recognize the use of ''qiyas'', but relies on reason (''ʿ[['aql]]'') in its place.{{sfn|Dahlén|loc=chpt. 4c|2003}}{{sfn|Schneider|2014}}

===== Aims of Sharia and public interest =====
{{Main|Maqasid|Maslaha}}
''Maqāṣid'' (aims or purposes) of Sharia and ''maṣlaḥa'' (welfare or public interest) are two related classical doctrines which have come to play an increasingly prominent role in modern times.{{sfn|Duderija|2014|pp=2–6}}{{sfn|Brown|2009}}{{sfn|Gleave|2012}} [[Al-Ghazālī|Abū Hāmid al-Ghazālī]], [[Izz al-Din ibn 'Abd al-Salam]] and [[Abu Ishaq al-Shatibi]] used maslaha and madasıd as equivalent terms.<ref>Al-Ghazālī: ''al-Mustaṣfā min ʿilm al-ʾuṣūl.'' Ed. Aḥmad Zakī Ḥammād. SIDRA, Riad, 2009?. S. 328. ({{archive.org |20200821_20200821_0953 |Blatt=n327}}).</ref><ref>Abdeljelil: „Die Maximen der islamischen Jurisprudenz". 2014, S. 68–70.</ref> Synonyms for the term maqāṣid aš-šarīʿa are the expressions maqāṣid aš-šāriʿ ("intentions of the legislature"), maqāṣid at-tašrīʿ ("intentions of the legislature "), ruḥ aš -šarīʿa ("Spirit of Sharia"), ḥikmat at-tašrīʿ ("Wisdom of Legislation") and falsafat at-tašrīʿ ("Philosophy of Legislation").<ref>Kurnaz: ''Der Diskurs über maqāṣid aš-šarīʿa.'' 2014, S. 92.</ref>

They were first clearly articulated by [[al-Ghazali]] (d. 1111), who argued that ''Maqāṣid'' and ''maslaha'' was God's general purpose in revealing the divine law, and that its specific aim was preservation of five essentials of human well-being: religion, life, intellect, offspring, and property.{{sfn|Opwis|2007|p=65}}

Although most classical-era jurists recognized ''maslaha'' and ''maqasid'' as important legal principles, they held different views regarding the role they should play in Islamic law.{{sfn|Duderija|2014|pp=2–6}}{{sfn|Gleave|2012}} Some jurists viewed them as auxiliary rationales constrained by scriptural sources and analogical reasoning.{{sfn|Duderija|2014|pp=2–6}}{{sfn|Opwis|2007|pp=66–68}} Others regarded them as an "independent" source of law, whose general principles could override specific [[Zahiri school|inferences based on the letter of scripture]].{{sfn|Duderija|2014|pp=2–6}}{{sfn|Opwis|2007|pp=68–69}} Taking maqasid and maslaha as an "independent" [[sources of sharia|source of sharia]] – rather than an auxiliary one – will pave the way for the re-critique and reorganization of [[ahkam]] in the context of maqasid and maslaha,<ref name="files.eric.ed.gov">{{Cite web | url=https://files.eric.ed.gov/fulltext/EJ1128456.pdf | title=Translation of the Holy Quran: A Call for Standardization | archive-url=https://web.archive.org/web/20240325222213/https://files.eric.ed.gov/fulltext/EJ1128456.pdf | archive-date=25 March 2024 }}</ref> thus (including [[hudud]]), which is often criticized in terms of today's values and seen as problematic,<ref name="Gontowska, Luiza Maria 2005">Gontowska, Luiza Maria, "Human Rights Violations Under the Sharia'a : A Comparative Study of the Kingdom of Saudi Arabia and the Islamic Republic of Iran" (2005). Honors College Theses. Paper 13.</ref> in terms of the purposes of Sharia and social benefits will be replaced by new ones. [[Abdallah bin Bayyah]] goes further with an approach that prioritizes purpose and benefit among the sources of Sharia and declares it to be the heart of "usul-al fiqh".<ref name="files.eric.ed.gov"/>
[[File:The tomb of Imam Al-Ghazali.jpg|thumb|Mausoleum of [[Al-Ghazali]] in [[Tus, Iran|Tus]]; Many see Al-Ghazali as the last [[mujtahid]], and his period as the period when the door of ijtihad closed and, in a sense, the Islamic Middle Ages began, and they think that Ghazali is responsible for this.<ref>{{Cite book|last=Naseem Rafiabadi|first=Hamid|url=https://books.google.com/books?id=F3rEjofhC2oC&dq=Ghazali+gates+of+Ijtihad&pg=PA293|title=Emerging From Darkness: Ghazzali's Impact on the Western Philosophers|publisher=Sarup & Sons|year=2002|isbn=81-7625-310-3|location=New Delhi |pages=293}}</ref>]]

While the latter view was held by a minority of classical jurists, in modern times it came to be championed in different forms by prominent scholars who sought to adapt Islamic law to changing social conditions by drawing on the intellectual heritage of traditional jurisprudence.{{sfn|Duderija|2014|pp=2–6}}{{sfn|Ziadeh|2009}}{{sfn|Brown|2009}} These scholars expanded the inventory of ''maqasid'' to include such aims of Sharia as reform and [[women's rights]] ([[Rashid Rida]]); justice and freedom ([[Mohammed al-Ghazali]]); and [[human rights]] and [[dignity]] ([[Yusuf al-Qaradawi]]).{{sfn|Duderija|2014|pp=2–6}}