SHATIBI S PHILOSOPHY OF ISLAMIC LAW
Author: Muhammad Khalid Masud
Publisher: Adam Publishers
Published: 2006
Total Pages: 308
ISBN-13: 9788174351036
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Shatibi's Philosophy of Islamic Law
Author: Muhammad Khalid Masud Masud
Publisher:
Published: 2023-12-09
Total Pages: 0
ISBN-13: 9789394770713
DOWNLOAD EBOOKA welcome contributes to the small number of English language works on Islamic legal theory, and it is a work which all libraries that have an interest in Islamic Studies and cognate areas should acquire." Journal of Near Eastern Studies, 1982 Dr.Masud has clearly put much thought and effort into the making of Islamic Legal Philosophy, and the result is a work of which serious students of both Islamic modernism and of the history and theory of Islamic law will have to take account. It is a work that must be taken into consideration in any future research into the question of maslaha, for on this point the author shows himself capable of keen observation and insights... Bulletin of the School of Oriental and African Studies, 1979 Throughout the centuries, there has been a basic question asked among Islamic jurists and Muslims: "Why did Allah issue the commandments that Allah did?" While some schools of thought, such as the Ash'ari philosophers, think that this is an invalid question altogether (for if Allah had reasons for doing what Allah does or did, then He would be caused or compelled by some outside power, a theological impossibility) other schools have thought have gone to the other extreme, such as the Mutazilites, some of who have suggested Allah had to do what is best for humanity. Muhammad Khalid Masud's detailed consideration of one philosopher, al-Shatibi, others a much more complex consideration of possible principles behind the injunctions of Islamic law, Shari'ah. Primarily, this book is a consideration of the concept of maslaha, or "the good," and the role it plays not only in the actual injunctions of Islamic law but also in reasoning about the law, making determinations in specific cases and what extent the concept of the good of humanity can provide insights into the law. Masud masterfully outlines the development of the concept of maslaha (his treatment of al-Razi being of particular importance) and sets the scene of al-Shatibi, during a time of great social change.
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
DOWNLOAD EBOOKIn 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.
Anthology of Arabic Discourse on Translation
Author: Tarek Shamma
Publisher: Routledge
Published: 2021-12-30
Total Pages: 380
ISBN-13: 1000513408
DOWNLOAD EBOOKThis anthology brings the key writings on translation in Arabic in the pre-modern era, extending from the earliest times (sixth century CE) until the end of World War I, to a global English-speaking audience. The texts are arranged chronologically and organized by two historical periods: the Classical Period, and the Nahda Period. Each text is preceded by an introduction about the selected text and author, placing the work in context, and discussing its significance. The texts are complemented with a theoretical commentary, discussing the significance for the contemporary period and modern theory. A general introduction covers the historical context, main trends, research interests, and main findings and conclusions. The two appendices provide statistical data of the corpus on which the anthology is based, more than 500 texts of varying lengths extending throughout the entire period of study. This collection contributes to the development of a more inclusive and global history of translation and interpreting. Translated, edited, and analyzed by leading scholars, this anthology is an invaluable resource for researchers, students, and translators interested in translation studies, Arab/Islamic history, and Arabic language and literature, as well as Islamic theology, linguistics, and the history of science. The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons (CC-BY-NC-ND) 4.0 license.
Islamic Legal Philosophy
Author: Muhammad Khalid Masud
Publisher:
Published: 1977
Total Pages: 382
ISBN-13:
DOWNLOAD EBOOK"Islamic Legal Philosophy is a study of the famous Spanish Maliki jurist Abu Ishaq al-Shatibi's (d. 790/1388) life and legal thought. Shatibi is one of the prominent jurists whose thought, particularly the idea of maslaha, which is the focal point of his legal philosophy (maqasid al-shari'a), has played a very significant role in the modern Muslim liberal legal though. In fourteen chapters, the book is a pioneer study of Shatibi's essential legal concepts. The analysis is preceded by a detailed study of the historical and intellectual background of social changes which necessitated a reinterpretation of Islamic Legal Theory." --Page [4] of cover.
Kitab Al-I'tisam - كتاب الاعتصام
Author: Ibrahim Ibn Musa Abu Ishaq Al Shatibi
Publisher:
Published: 2020-10-03
Total Pages: 640
ISBN-13:
DOWNLOAD EBOOKKitab Al I'tisam seems to have been written by Al Shatibi "May Allah (swt) have mercy on him" for his disciples and the scholars and students of knowledge, rather than for the laymen and commoners among the people. He underwent great difficulties to achieve this glorious task. The book is indeed a scientific encyclopedia, which includes a lot of benefits and unique issues, which make its holder and carrier dispense with anything else, in residence as well as on journey. He prefaced the book with a wonderful and concentrated introduction, in which he talked about the alienation of Islam, and the emergence and spread of the religious innovations, which motivated him to write his book, in the hope it would benefit the Muslims in the world and the hereafter. He divided the book into ten section, each including many chapters as required by content and in-depth explanation of the issues: 1. Definition and meaning of religious innovation 2. Condemnatino of religious innovation, and the evil consequences of its men; 3. Condemantion of religious innovations in general, and all changes made in the religion, in which he discussed the malicious allegations of the religious innovators and those of scholars who regard good or bad the religious innovations. 4. The appraoches of religious innovators in attestation; 5. The real and additional religious innovations, and the difference between them; 6. The rulings of the religious innovations, which are not of the same rank; 7. The innovation, whether it pertains to the acts of worship in particular, or includes also the normal habits; 8. The difference between the benefits which were not specifically addressed with Islamic text, and the appreciation; 9. The reason for which the sects of religious innovators broke away from the established community of the Muslims; 10. The straight path from which the religious innovators deviated
Maqasid Al-Shariah
Author: Jasser Auda
Publisher: International Institute of Islamic Thought (IIIT)
Published: 2008-01-01
Total Pages: 74
ISBN-13: 1565644409
DOWNLOAD EBOOKCurrent 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.
Ibn Ashur
Author: Muhammad Al-Tahir Ibn Ashur
Publisher: IIIT
Published: 2006
Total Pages: 489
ISBN-13: 1565644220
DOWNLOAD EBOOKShaikh 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.
A History of Islamic Legal Theories
Author: Wael B. Hallaq
Publisher: Cambridge University Press
Published: 1997
Total Pages: 308
ISBN-13: 9780521599863
DOWNLOAD EBOOKWael B. Hallaq has already established himself as one of the most eminent scholars in the field of Islamic law. In this book, first published in 1997, the author traces the history of Islamic legal theory from its early beginnings until the modern period. Initially, he focuses on the early formation of this theory, analysing its central themes and examining the developments which gave rise to a variety of doctrines. He concludes with a discussion of modern thinking about the theoretical foundations and methodology of Islamic law. In organisation, approach to the subject and critical apparatus, the book will be an essential tool for the understanding of Islamic legal theory in particular and Islamic law in general. This, in combination with an accessibility of language and style, will guarantee a readership among students and scholars and anyone interested in Islam and its evolution.
Towards Realization of the Higher Intents of Islamic Law
Author: Gamal Eldin Attia
Publisher: International Institute of Islamic Thought (IIIT)
Published: 2007-01-01
Total Pages: 315
ISBN-13: 1565644379
DOWNLOAD EBOOKThis book takes an important step "towards the realization of the higher intents of the Islamic law". First, it opens the door towards the integration of contemporary values and worldview into the maqasid terminology. This is carried out via the sections on "the role of reason and experience in identifying maqasid". Secondly, the book gives answers to the complex theoretical questions on the role of maqasid in ijtihad, juristic theorization (usul), and the Islamization of the human, social, and physical sciences. Last, but not least, the book highlights the role and the necessity of a 'maqasid-informed' mindset on the intellectual and communal levels, and takes a pioneering futuristic look into this very important branch of Islamic knowledge.Maqasid al-Shariah (Higher Intents of the Islamic Law) is the most promising tool for the 'contemporization' of Islamic law and its philosophical foundations. It is also - as this book reveals - a promising tool for the realization of Islamic values and principles in the realms of judiciary, society, and even science.
