Bosnian: Introduction To The Theory Of al-Sharī‘ah Objectives - IIIT

Bosnian: Introduction To The Theory Of al-Sharī‘ah Objectives

Author: Mohammad Hashim Kamali, Jasser Auda

Paperback: ISBN 978-86-80804-03-3 (Balkan Center for the Middle East)

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Maqasid Al-Shariah: Made simple Maqasid al-Shari’ah, or the higher goals and objectives of Islamic law, is an important and yet somewhat neglected theme of the Shari’ah. Generally, the Shari’ah is predicated on the benefits of the individual and that of the community, and its laws are designed so as to protect these benefits and facilitate improvement and perfection of the conditions of human life on earth. This easy to read guide gives a bird’s eye view of the subject, simplifying its main principles to help readers understand the subject of maqasid al-shari’ah and how it explains the ‘wisdoms behind rulings.’ The paper focuses on a general characterisation of maqasid al-shari’ah and its origins in the Quran; the classification of maqasid; historical developments and the contributions of some of the leading ulama to the theory of maqasid; the differential approaches the ulama have taken toward the identification of maqasid; and finally the relevance of maqasid to ijtihad and the ways in which maqasid can enhance the scope and caliber of ijtihad. 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. Jasser Auda is the Founding Director of Al-Maqasid Research Centre in the Philosophy of Islamic Law, a project of Al-Furqan Foundation, London, U.K. He has a multi-disciplinary academic background and has written two Ph.D. theses on Islamic Philosophy of Law and and Systems Analysis and Design, in the University of Wales, UK, and the University of Waterloo, Canada, respectively. Dr. Auda is a Visiting Lecturer to a number of academic institutes in Canada, UK, Egypt, and India. (2008). Mohammad Hashim Kamali is currently Chairman and CEO of the International Institute of Advanced Islamic Studies in Kuala Lumpur. He was professor of law and a Faculty Dean at the International Islamic University of Malaysia from 1985 to 2007. He is currently a Shariah Advisor with the Securities Commission of Malaysia, Chairman of the CIMB Shariah Board, and Chairman of Shariah Board, Stanlib Corporation of South Africa. Professor Kamali has addressed over 120 national and international conferences, published 16 books and over 110 academic articles. He has authored a number of works including “Freedom of Expression in Islam” (Cambridge, 1997); “Freedom, Equality and Justice in Islam” (Cambridge, 2002); and “A Textbook of Hadith Studies” (Leicester, UK, 2005). He received the Ismail al-Faruqi Award for Academic Excellence twice, in 1995 and 1997, and is listed in a number of leading “Who’s Who in the World”. (2008). Keywords: maqāṣid, al-sharī'ah, islamic law, approach, ijtihad, rational methodologies, fundamental linguistic‎, policy, legislation, zakah, rules, laws, ulama, maqasid and ijtihad, methodological problems, definition of maqasid, goals of islamic law, history of maqasid

Paperback : $5.95 Paperback : ISBN 978-86-80804-03-3 (Balkan Center for the Middle East) Paperback : ISBN 978-9958-022-39-5 (Center for Advanced Studies) eBook : ISBN: 978-1-64205-748-5 free Size/pages/year : (6x9) / 152 p. / 2017

February 7, 2023