The Claim of the Absence of Values in Islamic Jurisprudence The Issue of Lineage for a Child Born out of Wedlock as a Model

Abstract

One of the most prominent issues recently discussed in Moroccan newspapers and websites is the claim that Islamic jurisprudence lacks a focus on values and does not give them due consideration, with jurists allegedly neglecting values when applying Sharia rulings, regardless of how challenging this may be for those affected by them. Therefore, the primary aim of this research is to shed light on the claim that Islamic jurisprudence is devoid of values and to examine the extent to which it is based on evidence and sound argumentation. The study is divided into two sections. The first section addresses the conceptual framework of the research, exploring the relationship between values and Islamic jurisprudence and legislation, as well as the context of the claim and its supporting evidence. The second section provides a practical examination of specific issues underlying this claim, focusing on the topic of establishing the lineage of a child born out of wedlock and its connection to child welfare values through various legislative and jurisprudential sources.