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Maqasid Al-Shariah A Beginner's Guide

Current applications (or rather, misapplications) of Islamic law are reductionist rather than holistic, literal rather than moral, one-dimensional rather than multidimensional, binary rather than multi-valued, deconstructionist rather than reconstructionist, and causal rather than teleological. There is lack of consideration and functionality of the overall purposes and underlying principles of the Islamic law as a whole. Further, exaggerated claims of ‘rational certainty’ (or else, ‘irrationality’) and ‘consensus of the infallible’ (or else, ‘historicity of the scripts’) add to lack of spirituality, intolerance, violent ideologies, suppressed freedoms, and authoritarianism. Thus, a maqasidi approach takes juridical issues to a higher philosophical ground, and hence, overcomes (historical) differences over politics between Islamic schools of law, and encourages a much-needed culture of conciliation and peaceful coexistence. Moreover, the realization of purposes should be the core objective of all fundamental linguistic and rational methodologies of ijtihad, regardless of their various names and approaches. Thus, the validity of any ijtihad should be determined based on its level of achieving ‘purposefulness,’ or realizing maqasid al-shari’ah.

478 ah/1085 ce) wrote al-Burh¥n fÏ U|‰l al-Fiqh (The Proof in the Fundamentals
of Law), which was the first juridical treatise to introduce a theory of 'levels of
necessity' in a way that is similar to today's familiar theory. He suggested five
levels ...

Imam Al-Shatibi's Theory of the Higher Objectives and Intents of Islamic Law

With the end of the early Islamic period, Muslim scholars came to sense that a rift had begun to emerge between the teachings and principles of Islam and Muslims’ daily reality and practices. The most important means by which scholars sought to restore the intimate contact between Muslims and the Qur’an was to study the objectives of Islam, the causes behind Islamic legal rulings and the intentions and goals underlying the Shari'ah, or Islamic Law. They made it clear that every legal ruling in Islam has a function which it performs, an aim which it realizes, a cause, be it explicit or implicit, and an intention which it seeks to fulfill, and all of this in order to realize benefit to human beings or to ward off harm or corruption. They showed how these intentions, and higher objectives might at times be contained explicitly in the texts of the Qur’an and the Sunnah, while at other times, scholars might bring them to light by means of independent reasoning based on their understanding of the Qur’an and the Sunnah within a framework of time and space. This book represents a pioneering contribution presenting a comprehensive theory of the objectives of Islamic law in its various aspects, as well as a painstaking study of objectives-based thought as pioneered by the father of objectives-based jurisprudence, Imam Abu Ishaq al-Shatibi; in addition, the author presents us with an important study of al-Shatibi himself which offers a wealth of new, beneficial information about the life, thought and method of this venerable man.

Al-Shāṭibī then goes on to maintain that an inductive reading of Islamic Law will
lead to the indubitable conclusion that the Law was laid down for no other
purpose than to serve human beings' interests, and that this type of occasion-
based ...

Forensic Psychiatry in Islamic Jurisprudence

This is the first book in Forensic Psychiatry that focuses on the application of psychiatry to legal issues connected with Islamic jurisprudence. Holding a unique position amongst the world’s religions in its containment of every aspect of human existence, it is openly natural for Islam to govern both the spiritual and legislative aspects of life. It is therefore not surprising that one of the most important conclusions drawn by the study is that ability of Islamic jurisprudence to cover almost every issue raised in the field of forensic psychiatry. The range of interpretations encompassing these issues is so wide that a match for many aspects of different secular laws can be found in at least one of the four schools of thought. This gives contemporary psychiatry in any Islamic country a broad spectrum of tools to work with, enabling the utilization of options specific to particular societal and cultural norms. This book will appeal to both the general as well as the academic reader drawing important and wide-ranging conclusions relevant for many individuals and societies in the Islamic world. This work will appeal to both the general as well as the academic reader drawing important and wide-ranging conclusions relevant for many individuals and societies in the Islamic world.

page Foreword ix Author's Introduction xi About this book xi About the Shari¢ah
or Islamic law xv The principles or sources of fiqh xix Balancing benefit and harm
xxii Judicial System in Islamic Law xxiv The System of Courts xxvi 1. Privileges ...

Islamic Law of Business Organization Partnerships

The author attempts to spell out the Islamic principles on which business enterprise should be based specially in the area of partnership. He displays a strikingly acute awareness of Islamic laws on the subject, matched by an equally striking awareness of the forms of business organization in vogue in the contemporary world. The work represents a serious scholarly effort to sort out complicated questions such as those mentioned above, to enunciate Islamic principles relative to business enterprise, and to apply them in the changed context of present-day business.

1.3 Some Difficulties on the Way There are some difficulties involved in the study
and understanding of the Islamic law of business organization. These are not
insurmountable, but the reader needs to be cautioned as some of these problems
 ...

Toward Our Reformation: From Legalism to Value-Oriented Islamic Law and Jurisprudence

It is the author’s contention that at the heart of the Muslim predicament lies ignorance and/or lack of commitment to core Islamic values, thus what is advocated throughout this work is a return to what is termed a “value-oriented” approach. We further learn that with the passage of time what we today consider to be the Shariah is in effect an original hub enveloped in a labyrinthine shroud of scholastic views and deductions hindering Muslim development, and to rely on fraudulent hadith and fallacious implementation of hudud law is not only to betray the spirit of the Qur’an and the Prophet’s message, but a disastrous exercise. Consequences being blatant abuse of the Muslim populace under cover of implementing a bogus Shariah. This abuse and misapplication is explored throughout the work.

This understanding is reflected in the historical development of the Shari¢ah as a
rigid body of theological dogmas and legal codes: By the tenth century, the basic
development of Islamic law was completed. The general consensus (Ijma) of ...

Maqasid Al-Shariah as Philosophy of Islamic Law

A Systems Approach

In this path breaking study, Jasser Auda presents a systems approach to the philosophy and juridical theory of Islamic law based on its purposes, intents, and higher objectives (maqasid). For Islamic rulings to fulfill their original purposes of justice, freedom, rights, common good, and tolerance in today's context, Auda presents maqasid as the heart and the very philosophy of Islamic law. He also introduces a novel method for analysis and critique, one that utilizes relevant features from systems theory, such as, wholeness, multidimensionality, openness, and especially, purposefulness of systems. This book will benefit all those interested in the relationship between Islam and a wide variety of subjects, such as philosophy of law, morality, human rights, interfaith commonality, civil society, integration, development, feminism, modernism, postmodernism, systems theory, and culture.

A hindrance (m¥ni¢) is a situation that renders the legal effect of the reason
invalid. 'Correctness' (al-|i^^ah) is reached if reasons exist, conditions are met,
and hindrances are avoided. Otherwise, the transaction or action is void/incorrect
 ...

Epistemological Integration

Essentials of an Islamic Methodology

The book is a program which seeks to construct an intellectual framework for Islamic methodology with a view to realizing practical training in the thoughtful investigation of issues related to knowledge in various fields. The book’s title affirms the distinctive types of integration that characterize Islamic methodology, including integration of sources, means, and schools of thought, as well as existing realities with desired ideals etc. This is fully consistent with human nature, as variety is fundamental to the functions people perform and skills they master. The work essentially makes the case that fundamental to any Muslim recovery is laying the foundations of sound thinking and values that integrate the two main sources of knowledge: Revelation and Reality (that is the created worlds both physical, societal and psychological) under the umbrella of Tawhid. This concept of integration implies using both human theoretical conceptualization and practical experimental investigation whilst also affirming the need to apply human capabilities in understanding the divine text, and acquiring sound knowledge of the physical world in terms of its resources, as well as accumulated past and present human experiences. The aim being to vitalize human potential and creativity.

Consequently, it provides knowledge that allows for the integration of multiple
and varied entities into a single unit.23 Osman Bakar's Vision of the Unity and
Integration of Knowledge In an approach similar to Seyyed Hossein Nasr's,
Osman ...

Towards a Fiqh for Minorities

Some Basic Reflections

Towards a Fiqh for Minorities is an important subject and a much needed contribution to an area of fiqh that has become essential for the wellbeing and development of Muslim communities living in the West. The author stresses that the problems of Muslim minorities can only be tackled with a fresh juristic vision based on the principles, objectives and higher values of the Qur’an in conjunction with the ultimate aims and intents (maqasid) of the Shariah. In essence Dr. Al-Alwani’s paper is a call for Muslim minorities to have a sense of themselves as citizens and develop a positive, confident view of their place and value in society, moving away from notions of immigrant status and governed by a humanistic vision focusing on the betterment of society.

... based on the principles, objectives and higher values of the Qur'an in
conjunction with the aims of the Shari¢ah—a fresh approach that draws guidance
from the authentic Sunnah and example of the Prophet with a view to
implementing the ...

Contribution of Islamic Thought to Modern Economics

Proceedings of the Economics Seminar Held Jointly by Al Azhar University and the International Institute of Islamic Thought, Cairo, 1988/1409

Muslim countries are facing serious problems in managing their economic life. Their inherited colonial ways of achieving economic aims are in basic contradiction to certain aspects of Islamic values and intended economic goals. Thus, it is imperative for Muslim countries endeavoring to escape underdevelopment and social injustice to turn to Islamic teaching and the Islamic way of harnessing human potentials to improve economic conditions and ascertain the necessary requirement for effective economic development.Islamic economics, as developed by Muslim jurists and social scientists (fuqaha'), needs to be recast in modern terms and developed further to deal with complex realities of the modern society. This book is one step on the long march to Islamizing the science of economics. It contains a selection of papers from the proceedings of the economic conference held in Cairo in 1988. These papers are a valuable contribution to the cause of modernizing Islamic economics.

The third paper, by Chapra, is centered around economic development strategy.
He explores the differences between what he calls the imported development
strategy and the Islamic development strategy. Imported strategies have been
tried ...

Islamic Business Ethics

This book addresses Muslim business community members who have to deal with ethical situations on a day-to-day basis. It gives key principles of management from an Islamic point of view. Its goal is to help Muslims engaged in business to act in accordance with the Islamic system of ethics. The writer’s experience with different Islamic activities give him a practical background that supports and enlightens his academic knowledge in the vital fields of business management and administration.

This book addresses Muslim business community members who have to deal with ethical situations on a day-to-day basis.