Actualization (Taf’il) of the Higher Purposes (Maqasid) of Shari’ah
Actualization (Taf’il) of the Higher Purposes (Maqasid) of Shari’ah

Author: Mohammad Hashim Kamali

Publisher: International Institute of Islamic Thought (IIIT)

Published: 2020-10-15

Total Pages: 44

ISBN-13: 1642053457

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The higher purposes, or maqasid, of Shariah are applied and actualized (taf`il) through their means (wasa’il). This paper begins with the definition and meaning of maqasid and proceeds to ascertain three discernible tendencies regarding their scope: reductionist, expansionist, and the moderate approach of wasatiyyah/i’tidal. It addresses the question as to whether the maqasid may be recognized as a proof or source of Shariah in its own right. Can one, in other words, extract a ruling (hukm) of Shariah directly from the maqasid, or should one always follow the usul al-fiqh approach? Responding to these questions would help the reader to know more clearly what to expect of the maqasid. We often speak of the maqasid but when it comes to actual practice, we apply the fiqh rules. Can one just ignore the latter and refer directly to maqasid? The work explores the relationship of maqasid to the Qur’an and hadith, and to usul al-fiqh respectively. It also ascertains the roles respectively of the human intellect (‘aql) and innate human nature (fitrah) in the identification of maqasid. The author reviews the means and actualization of maqasid and elucidates this subject through several illustrations and a set of actionable recommendations.

Shari'ah Law
Shari'ah Law

Author: Mohammad Hashim Kamali

Publisher: Simon and Schuster

Published: 2008-03-17

Total Pages: 451

ISBN-13: 1780740379

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A world expert's introduction to the controversial subject of Islamic law Providing a comprehensive and accessible examination of Shari’ah Law, this well considered introduction examines the sources, characteristic features, and schools of thought of a system often stereotyped for its severity in the West. In a progressive and graduated fashion, Mohammad Hashim Kamali discusses topics ranging from juristic disagreement to independent reasoning. Also broaching more advanced topics such as the principle of legality and the role and place of Shari’ah-oriented policy, Kamali controversially questions whether Islam is as much of a law-based religion as it has often been made out to be. Complete with a bibliography and glossary, and both a general index and an index of Arabic quotations, this wide-ranging exploration will prove an indispensable resource for Islamic students and scholars, and an informative guide to a complex topic for the general reader.

Books-in-Brief: Epistemological Integration
Books-in-Brief: Epistemological Integration

Author: Fathi Hasan Malkawi

Publisher: International Institute of Islamic Thought (IIIT)

Published: 2015-01-01

Total Pages: 53

ISBN-13: 1565646754

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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.

Actualization (Taf’il) of the Higher Purposes (Maqasid) of Shariah (‎Ukrainian Language)
Actualization (Taf’il) of the Higher Purposes (Maqasid) of Shariah (‎Ukrainian Language)

Author: Mohammad Hashim Kamali

Publisher: International Institute of Islamic Thought (IIIT)

Published: 2021-05-22

Total Pages: 48

ISBN-13: 1642055697

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The higher purposes, or maqasid, of Shariah are applied and actualized (taf`il) through their means (wasa’il). This paper begins with the definition and meaning of maqasid and proceeds to ascertain three discernible tendencies regarding their scope: reductionist, expansionist, and the moderate approach of wasatiyyah/i’tidal. It addresses the question as to whether the maqasid may be recognized as a proof or source of Shariah in its own right. Can one, in other words, extract a ruling (hukm) of Shariah directly from the maqasid, or should one always follow the usul al-fiqh approach? Responding to these questions would help the reader to know more clearly what to expect of the maqasid. We often speak of the maqasid but when it comes to actual practice, we apply the fiqh rules. Can one just ignore the latter and refer directly to maqasid? The work explores the relationship of maqasid to the Qur’an and hadith, and to usul al-fiqh respectively. It also ascertains the roles respectively of the human intellect (‘aql) and innate human nature (fitrah) in the identification of maqasid. The author reviews the means and actualization of maqasid and elucidates this subject through several illustrations and a set of actionable recommendations.

Demystifying Shariah
Demystifying Shariah

Author: Sumbul Ali-Karamali

Publisher: Beacon Press

Published: 2020-08-11

Total Pages: 258

ISBN-13: 0807038016

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A direct counterpoint to fear mongering headlines about shariah law—a Muslim American legal expert tells the real story, eliminating stereotypes and assumptions with compassion, irony, and humor Through scare tactics and deliberate misinformation campaigns, anti-Muslim propagandists insist wrongly that shariah is a draconian and oppressive Islamic law that all Muslims must abide by. They circulate horror stories, encouraging Americans to fear the “takeover of shariah” law in America and even mounting “anti-shariah protests” . . . . with zero evidence that shariah has taken over any part of our country. (That’s because it hasn’t.) It would be almost funny if it weren’t so terrifyingly wrong—as puzzling as if Americans suddenly began protesting the Martian occupation of Earth. Demystifying Shariah explains that shariah is not one set of punitive rules or even law the way we think of law—rigid and enforceable—but religious rules and recommendations that provide Muslims with guidance in various aspects of life. Sumbul Ali-Karamali draws on scholarship and her degree in Islamic law to explain shariah in an accessible, engaging narrative style—its various meanings, how it developed, and how the shariah-based legal system operated for over a thousand years. She explains what shariah means not only in the abstract but in the daily lives of Muslims. She discusses modern calls for shariah, what they mean, and whether shariah is the law of the land anywhere in the world. She also describes the key lies and misunderstandings about shariah circulating in our public discourse, and why so many of them are nonsensical. This engaging guide is intended to introduce you to the basic principles, goals, and general development of shariah and to answer questions like: How do Muslims engage with shariah? What does shariah have to do with our Constitution? What does shariah have to do with the way the world looks like today? And why do we all—Muslims or not—need to care?

A Textbook of Hadith Studies
A Textbook of Hadith Studies

Author: Mohammad Hashim Kamali

Publisher: Kube Publishing Ltd

Published: 2014-02-15

Total Pages: 196

ISBN-13: 0860375730

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A Textbook of Hadith Studies provides an academic introduction to the Hadith, or the teachings of the Prophet Muhammad, which are second only to the Qur'an (Koran) in their authoritativeness within Islamic tradition. Suitable for university courses and all serious students of Islam, the topics surveyed include Hadith methodology, Hadith literature, the history of Hadith compilation and documentation, and the methods of Hadith criticism (al-jarh wa al-ta'dil) and classification. Mohammad Hashim Kamali, born in Afghanistan in 1944, was a professor of Islamic Law and Jurisprudence at the International Islamic University in Malaysia, and dean of the International Institute of Islamic Thought and Civilization (ISTAC) from 1985–2007. He is currently chairman and CEO of the International Institute of Advanced Islamic Studies, Malaysia. He is also on the international advisory boards of eleven academic journals published in Malaysia, the United States, Canada, Kuwait, India, Australia, and Pakistan. Professor Kamali has addressed over 120 national and international conferences, and has published sixteen books and over 110 academic articles. His books include The Principles of Islamic Jurisprudence, Freedom of Expression in Islam, and Islamic Commercial Law: An Analysis of Futures and Options

Why I Pray
Why I Pray

Author: Abdus Subhan Dalvi

Publisher: Turath Publishing

Published: 2020-01-01

Total Pages: 47

ISBN-13: 1906949891

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Why do I pray? What is the point of it? Why am I required to pray five times a day? Why isn't once enough? What is in it for me? These are questions that many of us live with, regardless of our age or level of piety. This book takes the reader on a journey of self-reflection and encourages one to question themselves regarding their attachment to Allah. It provides solutions to help one develop consistency in prayer and advise to strengthen one's resolve. "The five daily prayers are the most basic obligation upon every Muslim. If you wish, you could establish your prayer properly, or find yourself prone to finding it a challenge, this little book will help you kill the excuses and get into the right mental space to worship your Creator on His terms and fulfil the purpose of your life" Shaikha Fatima Barakatulla

Imam al-Shafi'i In Quest of Knowledge
Imam al-Shafi'i In Quest of Knowledge

Author: Islahee Muhammad Yousuf

Publisher: Islamic Book Trust

Published: 2015-01-21

Total Pages: 100

ISBN-13: 9670526132

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In Quest of Knowledge is the story of Imam Muhammad ibn Idris al-Shafi‘i’s search for knowledge. The story revolves round a son whose sole mission in life is to acquire knowledge, a teacher who lovingly accepts him, and a widow who not only bears with the separation of her only son but also shares his passion for knowledge. Their innate nobility, their ability to suffer for a common cause, their intense love for the Prophet (s) and their infinite trust in Allah give them the dimensions of epic heroes. The invaluable lesson which Imam al-Shafi‘i’s story teaches, although it may not have been his main objective, is that Allah befriends and watches over anyone who endeavours to acquire religious knowledge with the intention of disseminating it.

Ibn Ashur
Ibn Ashur

Author: Muhammad Al-Tahir Ibn Ashur

Publisher: IIIT

Published: 2006

Total Pages: 489

ISBN-13: 1565644220

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Shaikh Muhammad al-Tahir ibn Ashur is the most renowned Zaytuna Imam and one of the great Islamic scholars of the 20th century. The publication of this translation of Shaikh Ibn Ashur’s Treatise on Maqasid al-Shari’ah is a breakthrough in studies on Islamic law in the English language. In this book, Ibn Ashur proposed Maqasid as a methodology for the renewal of the theory of Islamic law, which has not undergone any serious development since the era of the great imams. Ibn Ashur – quite courageously – also addressed the sensitive topic of the intents/Maqasid of Prophet Muhammad (SAAS) behind his actions and decisions. He introduced criteria to differentiate between the Prophetic traditions that were meant to be part of Islamic law and the Prophetic actions/ sayings that were meant to be for the sake of specific purposes such as political leadership, court judgment, friendly advice, and conflict resolution. But Ibn Ashur’s most significant contribution in this book has been the development of new Maqasid by coining new, contemporary, terminology that were never formulated in traditional usul al-fiqh. For example, Ibn Ashur developed the theory of the ‘preservation of lineage’ into ‘the preservation of the family system’, the ‘protection of true belief’ into ‘freedom of beliefs’, etc. He also introduced the concepts of ‘orderliness’, ‘natural disposition’, ‘freedom’, ‘rights’, ‘civility’, and ‘equality’ as Maqasid in their own right, and upon which the whole Islamic law is based. This development opens great opportunities for Islamic law to address current and real challenges for Muslim societies and Muslim minorities.

The Right to Life, Security, Privacy and Ownership in Islam
The Right to Life, Security, Privacy and Ownership in Islam

Author: Mohammad Hashim Kamali

Publisher:

Published: 2008

Total Pages: 0

ISBN-13: 9781903682548

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Exploring the ideas of human rights according to the laws of Islam, this discussion examines the sanctity of life, murder, unintentional killing, the death penalty, abortion, suicide, and euthanasia. The arguments are introduced by Qur’anic quotations and Prophetic anecdotes and include practical examples of both medieval and contemporary applications. Relevant to the current international interest of multicultural perspectives on human rights, this analysis also covers security against unlawful arrest, freedom from torture, immunity against invasion of privacy, and restrictions imposed by the Shari’a on the exercises of these rights.