Bosnian: Ibn Ashur: Treatise on Maqasid Al-Shariah
Bosnian: Ibn Ashur: Treatise on Maqasid Al-Shariah

Author: Muhammad al-Tahir ibn Ashur

Publisher: International Institute of Islamic Thought (IIIT)

Published: 2019-01-01

Total Pages: 398

ISBN-13: 1565641663

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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 Usûl 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.‎

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

Author: Ahmad Al-Raysuni

Publisher: International Institute of Islamic Thought (IIIT)

Published: 2017-01-01

Total Pages: 422

ISBN-13: 1642057517

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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.‎

Book-in-Brief: Understanding Maqasid al-Shari’ah (Romanian Language)
Book-in-Brief: Understanding Maqasid al-Shari’ah (Romanian Language)

Author: Musfir bin Ali Al-Qahtani

Publisher: International Institute of Islamic Thought (IIIT)

Published: 2019-01-01

Total Pages: 72

ISBN-13: 1642052914

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Dr. Musfir bin Ali al-Qahtani's work contributes to the ever-growing body of scholarly literature in the field of maqasid al-Shari'ah (higher objectives of Islamic law). Understanding Maqasid al-Shari’ah calls for the development of a juridical sense that is finely tuned to the higher objectives and purposes of Islamic rulings, the aims of which are the formulation of a new methodology in understanding the revealed texts and the reform of Muslim thought and its application. The author draws attention to the importance of understanding various levels of maqasid, including distinguishing between primary aims (al-maqasid al-asliyyah) and secondary aims (al-maqasid al-tabi'ah). Al-Qahtani asserts that a positive understanding of the objectives of the Shari'ah should produce affirming human and cultural developments in Muslim societies. The real strength of this work, however, is in the author's application of higher objectives and aims to different areas of jurisprudence, such as in deriving and issuing religious rulings (ifta'). and to important social issues and problems present in Muslim societies, such as extremism, jihad, commanding right and forbidding wrong, social change, crisis of Muslim thought, countering religious excessiveness, the need for recreation and leisure, citizenship and nation-belonging, spreading beauty and harmony in Islam, and the role of Muslim women in society.

Books-In-Brief: Understanding Maqasid al-Shari’ah (Ukrainian Language)
Books-In-Brief: Understanding Maqasid al-Shari’ah (Ukrainian Language)

Author: Musfir bin Ali al-Qahtani

Publisher: International Institute of Islamic Thought (IIIT)

Published: 2020-01-01

Total Pages: 40

ISBN-13: 1642054186

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Dr. Musafir bin Ali al-Qahtani's work contributes to the ever-growing body of scholarly literature in the field of maqasid al-Shari'ah (higher objectives of Islamic law). Understanding Maqasid al-Shari’ah calls for the development of a juridicial sense that is finely tuned to the higher objectives and purposes of Islamic rulings, the aims of which are the formulation of a new methodology in understanding the revealed texts and the reform of Muslim thought and its application. The author draws attention to the importance of understanding various levels of maqasid, including distinguishing between primary aims (al-maqasid al-asliyyah) and secondary aims (al-maqasid al-tabi'ah). Al-Qahtani asserts that a positive understanding of the objectives of the Shari'ah should produce affirming human and cultural developments in Muslim societies. The real strength of this work, however, is in the author's application of higher objectives and aims to different areas of jurisprudence, such as in deriving and issuing religious rulings (ifta'). and to important social issues and problems present in Muslim societies, such as extremism, jihad, commanding right and forbidding wrong, social change, crisis of Muslim thought, countering religious excessiveness, the need for recreation and leisure, citizenship and nation-belonging, spreading beauty and harmony in Islam, and the role of Muslim women in society.

Maqasid Al-Shariah Made Simple
Maqasid Al-Shariah Made Simple

Author: Mohammad Hashim Kamali

Publisher: International Institute of Islamic Thought (IIIT)

Published: 2008-01-01

Total Pages: 35

ISBN-13: 156564493X

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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.

Treatise on Maqasid Al-Shariah
Treatise on Maqasid Al-Shariah

Author: Muhammad Al-Tahir Ibn Ashur

Publisher: Dar UL Thaqafah

Published: 2023-08-16

Total Pages: 0

ISBN-13: 9788119005468

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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 was 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 excellent opportunities for Islamic law to address current and real challenges for Muslim societies and Muslim minorities.

Maqāṣid Al-Sharīảh Made Simple
Maqāṣid Al-Sharīảh Made Simple

Author: Mohammad Hashim Kamali

Publisher: Iiit

Published: 2008

Total Pages: 26

ISBN-13: 9781565644427

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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 as Philosophy of Islamic Law
Maqasid Al-shariah as Philosophy of Islamic Law

Author: Jasser Auda

Publisher: International Institute of Islamic Thought (IIIT)

Published: 2008-01-01

Total Pages: 378

ISBN-13: 1565644247

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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.

Land, Law and Islam
Land, Law and Islam

Author: Hilary Lim

Publisher: Zed Books Ltd.

Published: 2013-07-18

Total Pages: 247

ISBN-13: 1848137206

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In this pioneering work Siraj Sait and Hilary Lim address Islamic property and land rights, drawing on a range of socio-historical, classical and contemporary resources. They address the significance of Islamic theories of property and Islamic land tenure regimes on the 'webs of tenure' prevalent in the Muslim societies. They consider the possibility of using Islamic legal and human rights systems for the development of inclusive, pro-poor approaches to land rights. They also focus on Muslim women's rights to property and inheritance systems. Engaging with institutions such as the Islamic endowment (waqf) and principles of Islamic microfinance, they test the workability of 'authentic' Islamic proposals. Located in human rights as well as Islamic debates, this study offers a well researched and constructive appraisal of property and land rights in the Muslim world.

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.