AKU-ISMC hosts lecture by Dr Khalid Mas’ud

Dr Mas'ud spoke about his research into a social constructionist approach to Sharia

On the 9th of October, AKU-ISMC hosted a special lecture by Dr Khalid Mas’ud, Chairman of the Council of Islamic Ideology in Pakistan. In his talk, Dr Mas’ud discussed his research into a social constructionist approach to the study of Sharia.

Dr Mas’ud obtained his PhD in Islamic Studies at McGill University, Canada and was the Academic Director of the International Institute for the Study of Islam in the Modern World (ISIM) in Leiden, Holland. He is currently the Chairman of the Council of Islamic Ideology in Pakistan, the legal body that advises the Government and Parliament of Pakistan on issues related to Islam.

Dr Mas’ud’s talk focused on research that he has conducted into socio-cultural aspects of the construction of Sharia in Muslim contexts. Dr Mas’ud explained the background of his research and its connection to his role as Chairman of the Council of Islamic Ideology, experimenting with and testing legal theory in conjunction with the public and the Ulama.

Dr Mas’ud began his presentation by introducing a number of case studies concerning law in Muslim contexts – from Britain to Pakistan. Through these case studies, Dr Mas’ud explained that both legal systems are notable in their acceptance of diverse cultural traditions.

Providing a background to the issue, Dr Mas’ud outlined a number of contemporary approaches to Islamic law - including the classical, historical and modernist approaches - and the problems that they face when exploring Sharia.

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Dr Mas’ud said that the classical approach, often employed by Western scholars, has in many cases not fully explored the complexity and multiplicity of the practice. When Muslims who have practiced Sharia in their home countries come to the UK, for example, they have sophisticated methods of integrating both Islamic and British legal concepts in order to fulfil their own needs.

Dr Mas’ud explained that Sharia should be viewed as a culture, rather than simply a legal tradition. He explained that it is important to understand that the entire needs of a society are expressed as systems of law, and how they are expressed relates directly to the culture represented. From this perspective, the judge is not making legal decisions, but social decisions, and restoring social order where it had broken down.

Dr Mas’ud noted that culture itself is a socially constructed phenomenon – and that language and culture is inextricably linked. The idea of what constitutes good and bad is developed with different meanings in different communities and cultures. This approach, Dr Mas’ud explained, should be employed when discussing and studying a complex social construction such as Sharia.

Dr Mas’ud also emphasised the importance of understanding the origins of Sharia and recognising its impact on contemporary practice and contextual meaning. To not understand the Qur’anic and pre-Islamic history of Sharia has the potential to lead to a lack of understanding within its contemporary context.

In conclusion, Dr Mas’ud said that a new approach to Sharia needs to be developed – one that recognises that it is being continuously socially constructed. Laws based on individuals and rights will inevitably be accepted, Dr Mas’ud said. If a social constructionist approach to Sharia is observed, it is possible that society, as a collective discourse of individuals, has the potential to build a fair and inclusive legal system.

External Links*

• Dr Khalid Mas'ud's profile (Council of Islamic Ideology)

Online Resources**

• To listen to a recording (wma) of the seminar, please click here.
• To download a complete transcript (pdf) of the seminar, please click here.

* Links to sites does not imply endorsement of the contents of those sites.

** This recording is the property of Aga Khan University (International) in the United Kingdom. You may not copy, reproduce, republish, download, post, broadcast, or otherwise use this recording in any way except for your own educational or personal non-commercial use. The views expressed by the speakers are their own personal views and do not necessarily reflect those of the Institute.