Maqasid Al-Shariah

Maqasid Al-Shariah

Author: Jasser Auda

Publisher: International Institute of Islamic Thought (IIIT)

Published: 2008-01-01

Total Pages: 74

ISBN-13: 1565644409

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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.


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.


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.


America and the Production of Islamic Truth in Uganda

America and the Production of Islamic Truth in Uganda

Author: Yahya Sseremba

Publisher: Taylor & Francis

Published: 2023-05-16

Total Pages: 170

ISBN-13: 1000868583

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This book investigates the ways in which the war on terror has transformed the postcolonial state in Africa. Taking American intervention in Islamic education in Uganda as the entry point, the book demonstrates how state control over Islamic truth production and everyday Muslim life has increased. During the colonial period, the Muslims in Uganda were governed in two ways: partly as lesser citizens within the Christian-dominated civil sphere and partly as members of a distinct Muslim domain. In this domain, a local system of Islamic education developed with a degree of autonomy that reflected the limits of the colonial state in shaping the Muslim subject. In the subsequent postcolonial period, systems of patronage and clientalistic networks dominated, and Muslim leaders were co-opted by the state, but without much real interference in the day-to-day lives of ordinary Muslims. However, as part of the war on terror, the US State Department seeks to bring the mechanisms of Islamic truth production, especially the madrasa, under direct state control and civil society scrutiny. This book argues that the "Muslim domain as a separate entity is coming to an end as it is being absorbed into the civil sphere, unifying the state’s domination of society." The book also analyzes local Ugandan Muslim initiatives to modernise and contextualize their own education and religion and how these initiatives are shaped by and transcend the dominant power. A thorough exploration of US foreign policy and Islamic education, this book will be of interest to students and scholars in the fields of Political Studies, African Studies and Religious Studies.


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.


Public Finance in Islam

Public Finance in Islam

Author: International Monetary Fund

Publisher: International Monetary Fund

Published: 1989-09-06

Total Pages: 58

ISBN-13: 1451960980

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The paper analyzes the bearing of Islamic teachings on the conduct of fiscal policy. It is shown that Islamic teachings do not prescribe any rigid system of public finance. The major emphasis is on the state’s responsibility to assure at least a basic minimum standard of living for all citizens. The paper deals with issues related to evolution of fiscal policies best suited to achieve this and other Islamic socio-economic objectives in the specific framework of Islamic teachings. The implications of such a system for growth, monetary stability, resource allocation, and pattern of income distribution are also examined.


Islamic Wealth and the SDGs

Islamic Wealth and the SDGs

Author: Mohd Ma'Sum Billah

Publisher: Springer Nature

Published: 2021-04-21

Total Pages: 666

ISBN-13: 3030653137

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The SDGs, developed by the UN in 2012, focuses on 17 goals for the betterment of humanity and humanitarian causes. Among the core objectives of Shari'ah in Islamic finance is to offer a helping hand, emphasizing the efforts and scope of the SDGs. This book explores how Islamic ethical wealth is structured to contribute to the SDGs and an overall socio-economic impact within the principles of Maqasid al-Shari’ah. Focusing areas such as Islamic micro-finance, wealth inclusion, corporate and agro-Zakat, Awqaf, SRI Sukuk, and green Sukuk, this book will feature contributions from the leading researchers in sustainability and Islamic finance and will be of interest to scholars, researchers, industrialists, NGOs, UNDP and students studying both areas.