scholarly journals Universal Maqāṣid al-Sharīʿah and Their Modern Application: Towards Ensuring a Peaceful and Secured Environment

2021 ◽  
Vol 4 (4) ◽  
pp. 466-495
Author(s):  
Mohammad Shihan ◽  
Abdulhamid Mohamed Ali Zaroum ◽  
Muhammad Amanullah
Keyword(s):  
Islamic Law ◽  
Legal Theory ◽  
Human Welfare ◽  
Legal Studies ◽  
New Science ◽  
Islamic Reform ◽  
Islamic Thought ◽  
Global Peace ◽  
Modern Application ◽  
Scholarly Discourse

The maqāṣid theory is a popular trend in Islamic legal theories. Contemporary scholars view it as a valid method of interpreting the revealed text and as a valuable instrument for solving contemporary issues because it helps reform Islamic thought and civilization. Indeed, the idea of maqāṣid al-Sharīʿah has been widely studied and expanded by modern scholars of Islamic legal theory. Chiefly, Ibn ͑Ashur and contemporary MaqÉsid scholars renewed the scholarly discourse and ensured its proliferation and wide acceptance in legal studies. It has emerged as a new science that connects with all other legal disciplines. Thus, scholars firmly assert that the maqāṣid al-Sharīʿah constitute the most important intellectual means and methodologies for Islamic reform today. Consequently, the researchers aim to examine the modern discourse of Maqāṣid al-Sharīʿah and the latest developments beyond the universal MaqÉÎid. Mainly, the researchers scrutinize the two objectives namely the preservation of the environment via the protection of life and wealth. Accordingly, this article follows the qualitative method of data collection and analysis. Among the findings of the research is that the latest developments of Maqāṣid al-Sharīʿah, open the door of ijtihād widely to create ample areas for jurists to regulate the affairs of the Muslim ummah. Further, the maqāṣid al-Sharīʿah do not reflect only the objectives of Islamic law; their role goes beyond and is used to formulate basic principles and values related to global peace and human welfare. Hence, they have greatly contributed to the revival of Islamic thought and have opened a wider space for the application of Islamic law pertaining to peaceful environment.

scholarly journals Islam and Literalism

2014 ◽  
Vol 31 (1) ◽  
pp. 111-114
Author(s):  
Taymaz G. Tabrizi
Keyword(s):  
Islamic Law ◽  
Legal Theory ◽  
Literal Meaning ◽  
The Other ◽  
Intended Meaning ◽  
The Third ◽  
Actual Existence ◽  
Islamic Legal Theory ◽  
Islamic Thought ◽  
Qur'anic Exegesis

This book surveys the development of literal meaning and literalism in Islamand Islamic legal theory (uṣūl al-fiqh) in particular. The term literal meaningrefers to the meaning that a text is believed to hold “in itself” by virtue of thesound-meaning relationships of words that were “coined” (waḍ‘) at some pointin time. Although Muslim debates on how words were coined (see secondchapter) are quite interesting and at times entertaining, the origin of languagewas secondary to the language’s actual existence. In other words, legal theoristscontended that the establishment of the “sound-meaning connection” wasmore important than who established it and when.Literalism, the other focus of the book, is the view that Islamic law privilegesliteral meaning. As Gleave explains in his first chapter, literalism seesliteral meaning as having an “advantage” over allusion, metaphor (majāz),and other kinds of meaning because it holds a “higher level of epistemologicalsecurity” (p. 1). Detecting the author’s intended meaning, although ideal, isfraught with uncertainties for it involves discerning another person’s intentions.In other words, for legal theorists, the literal can be established througha strict science of language and more importantly functions as a “startingpoint” for understanding texts which gives it a central role in hermeneutics.Even if the literal meaning is shown not to be the author’s intended meaning,it is nevertheless essential for controlling and understanding the linguistic andsemantic parameters of a word and the overall text in question.Gleave makes it clear that his purpose is not to establish whether or notthere is such a thing as literal meaning but instead to demonstrate the importanceof its various concepts and the role they played for Muslim legal theoristsof all sects as understanding how a language system works is key to grasping“God’s meaning when he addresses (khiṭāb) his servants” (p. 35). The firsttwo chapters are useful introductions to concepts of literal meaning in legaltheory. The third chapter, where the author traces one of the early conceptsand uses of literal meaning in Qur’anic exegesis, delineates its early historicalemergence in Islamic thought. This is significant for Islamic law and legaltheory as later Muslim legal hermeneutics had “imprints” of the debates thattook place in scriptural exegesis where literal meaning was often identified(e.g., through establishing what a word “literally” meant by tracing its ...

Public Freedoms in the Islamic State

2020 ◽  
Author(s):  
Rached Ghannouchi
Keyword(s):  
Human Rights ◽  
Political System ◽  
Islamic Law ◽  
Islamic State ◽  
Human Welfare ◽  
Basic Principles ◽  
Wide Acceptance ◽  
Islamic Thought ◽  
Western Concept ◽  
Democratic Principles

The author of this book has long been known as a reformist or moderate Islamist thinker. In this book he argues that the Universal Declaration of Human Rights—in its broad outlines—meets with wide acceptance among Muslims if their interpretation of Islamic law is correct. Under his theory of the purposes of Shariʻa, justice and human welfare are not exclusive to Islamic governance, and the objectives of Islamic law can be advanced in multiple ways. The book examines the Western concept of freedom and the Islamic perspective on freedom and human rights, basic democratic principles, the basic principles of an Islamic political system, the concept of tyranny across three different schools of thought, and concludes with an examination of the solutions in Islamic thought that can curb state tyranny, for the benefit of freedom, justice, and the human rights of citizens.

Authority of Law: An Analysis of The Role of Police

2017 ◽  
Vol 2 ◽  
Author(s):  
Veronika Keir
Keyword(s):  
Policy Development ◽  
Crime Control ◽  
Legal Theory ◽  
Research Policy ◽  
Further Education ◽  
Full Time ◽  
Legal Research ◽  
Legal Studies ◽  
The University

<div class="page" title="Page 3"><div class="layoutArea"><div class="column"><p><span>Veronika is a recent graduate from the Honours Legal Studies program at the University of Waterloo. Her passions are socio-legal research, policy development, feminist legal theory, and crime control development. Veronika is currently working a full-time job at Oracle Canada, planning on pursuing further education in a Masters program. </span></p></div></div></div>

For Love of the Prophet

2016 ◽  
Author(s):  
Noah Salomon
Keyword(s):  
Religion And Politics ◽  
Islamic State ◽  
State Institutions ◽  
Islamic Reform ◽  
Cultural Sovereignty ◽  
Islamic Thought ◽  
The Republic ◽  
Political Form ◽  
State Projects ◽  
Peace And War

For some, the idea of an Islamic state serves to fulfill aspirations for cultural sovereignty and new forms of ethical political practice. For others, it violates the proper domains of both religion and politics. Yet, while there has been much discussion of the idea and ideals of the Islamic state, its possibilities and impossibilities, surprisingly little has been written about how this political formation is lived. This book looks at the Republic of Sudan's twenty-five-year experiment with Islamic statehood. Focusing not on state institutions, but rather on the daily life that goes on in their shadows, the book examines the lasting effects of state Islamization on Sudanese society through a study of the individuals and organizations working in its midst. The book investigates Sudan at a crucial moment in its history—balanced between unity and partition, secular and religious politics, peace and war—when those who desired an Islamic state were rethinking the political form under which they had lived for nearly a generation. Countering the dominant discourse, the book depicts contemporary Islamic politics not as a response to secularism and Westernization but as a node in a much longer conversation within Islamic thought, augmented and reappropriated as state projects of Islamic reform became objects of debate and controversy. The book reveals both novel political ideals and new articulations of Islam as it is rethought through the lens of the nation.

The Values and Norms of Islam

2010 ◽  
Vol 1 (1) ◽  
pp. 1-19
Author(s):  
Ahmed Akgunduz
Keyword(s):  
Islamic Law ◽  
Legal Theory ◽  
The Other ◽  
Moral Norms ◽  
Simple Fact ◽  
Value System ◽  
Legal Norms ◽  
Islamic Legal Theory ◽  
The World ◽  
Over Time

AbstractIslamic Law is one of the broadest and most comprehensive systems of legislation in the world. It was applied, through various schools of thought, from one end of the Muslim world to the other. It also had a great impact on other nations and cultures. We will focus in this article on values and norms in Islamic law. The value system of Islam is immutable and does not tolerate change over time for the simple fact that human nature does not change. The basic values and needs (which can be called maṣlaḥa) are classified hierarchically into three levels: (1) necessities (Ḍarūriyyāt), (2) convenience (Ḥājiyyāt), and (3) refinements (Kamāliyyāt=Taḥsīniyyāt). In Islamic legal theory (Uṣūl al‐fiqh) the general aim of legislation is to realize values through protecting and guaranteeing their necessities (al-Ḍarūriyyāt) as well as stressing their importance (al‐ Ḥājiyyāt) and their refinements (taḥsīniyyāt).In the second part of this article we will draw attention to Islamic norms. Islam has paid great attention to norms that protect basic values. We cannot explain all the Islamic norms that relate to basic values, but we will classify them categorically. We will focus on four kinds of norms: 1) norms (rules) concerned with belief (I’tiqādiyyāt), 2) norms (rules) concerned with law (ʿAmaliyyāt); 3) general legal norms (Qawā‘id al‐ Kulliyya al‐Fiqhiyya); 4) norms (rules) concerned with ethics (Wijdāniyyāt = Aḵlāqiyyāt = Ādāb = social and moral norms).

سؤال العلاقة بين الفطرة والشريعة: قراءة معرفية (The Question of the Relationship between Shariah and Human Nature/fitrah: An Epistemological Review)

2018 ◽  
Vol 15 (1) ◽  
pp. 1-42
Author(s):  
المختار الأحمر
Keyword(s):  
Human Nature ◽  
Islamic Law ◽  
Interconnected Systems ◽  
Evolutionary Aspect ◽  
Islamic Thought ◽  
The Creation ◽  
The Relationship ◽  
Evolutionary Aspects ◽  
Shed Light

الملخّص يتناول البحث علاقة الفطرة بالشريعة في التفكير الإسلامي، وما تطرحه هذه العلاقة سواء على مستوى بيان الجوانب المتعلقة بخَلْق الإنسان وما فُطِر عليه ابتداء، وهذا البعد يمثّل الجانب التكوني في مفهوم الفطرة، أو على المستوى المتعلق بالشريعة وفطريتها، أي أنها جارية وفق ما يدركه العقل وتشهد به الفطرة، وهذا البعد يمثّل الجانب التشريعي الذي يطرحه مفهوم الفطرة. لقد زخرت أغلب الكتابات بتناول جانبا واحدا مما يتيحه أو يعكسه مفهوم الفطرة، لكن البحث في العلاقة التناسبية بين الفطرة والشريعة، وما يتيحه هذا النظر المتلازم بين المفهومين على مستوى الإمكانات المتعلقة بقدرات الإنسان الفطرية في فهم وتعقّل الخطاب الشرعي والأحكام التكليفية، والوقوف على غاياته ومقاصده، يبقى في حاجة إلى البحث والاستقصاء. ولذلك تأتي هذه الدراسة لتسليط الضوء على الجانب التشريعي والتكويني في علاقة الشريعة بالفطرة، باعتبارهما نظامين متلازمين يتيحان فهم طبيعة الشريعة وأحكامها ومقاصدها من جهة، وتحديد جوهر وماهية الإنسان الفطرية وإمكاناته في تعقّل هذه الشريعة من جهة ثانية.                  الكلمات المفتاحية: الفطرة، الشريعة، الدين، التكاليف، العقل. Abstract This research addresses the relationship between premordial human nature (fitrah) and Islamic law (SharÊÑah) within the frame of Islamic thought, while exploring the questions it raises at two levels. The first level explains the aspects related to the creation of man and what has initially been bestowed upon him, which represents the evolutionary aspect of the concept of fiÏrah. The second level is related to SharÊÑah and its nature, which evolves according to what is percieved by reason and witnessed by fiÏrah; this represents the legislative aspect presented by the concept of fiÏrah. The majority of studies to date address a single aspect of the illustrations of the concept of fiÏrah. However, research on the dialectic relationship between fiÏrah and SharÊÑah and what its relevant concurrent view provides at the level of potentials related to human innate capacities in understanding and realizing SharÊÑah discourse and mandatory provisions as well as understanding its objectives  remains scarce and requires further research and investigation. Therefore, this study intends to shed light on the legislative and evolutionary aspects of the relationship between SharÊÑah and fiÏrah as two interconnected systems that allow for the understanding of the nature of SharÊÑah, its provisions and purposes, as well as identifying the essence of human innate nature and its potential in perceiving SharÊÑah. Keywords: human nature (fiÏrah), Islamic law (SharÊÑah), religious mandates (TakÉlif), religion, intellect (ÑAqal).

Islamic Law and Society

1990 ◽  
Vol 7 (2) ◽  
pp. 177-191
Author(s):  
Louay M. Safi
Keyword(s):  
Composite System ◽  
Islamic Law ◽  
Legal Theory ◽  
Fifth Century ◽  
Muslim Community ◽  
Social Growth ◽  
The Social ◽  
Collective Experience ◽  
Law And Morality ◽  
The Impact

Shari'ah (Islamic law) has been the dominant moral and legal code ofMuslim societies for the gnxter part of their history. During the early centuriesof Islam, Shari'ah hcilitated the social growth and develojment of the Muslims,growth that culminaa in the establishment of a vast emph and an outstandmgcivilization. By the close of the fifth century of Islam, however, Shari'ahbegan to lose its role as the guiding force that inspired Muslim creativityand ingenuity and that nurtured the growing spirit of the Muslim community(Ummah). Consequently, the Ummah entered a period of stagnation thatgradually gave way to intellectual decline and social decadence. Regrettably,this painful trend continues to be more or less 'part of the individualconsciousness and collective experience of Muslims.This paper attempts to trace the development of the principles of Islamicjurisprudence, and to assess the impact of Shari'ah on society. It argues thatthe law ceased to grow by the sixth century of Islam as a result of thedevelopment of classical legal theory; more specifically, law was put on hold,as it were, after the doctrine of the infallibility of ijma' (juristic consensus)was articulated. The rigid principles of classical theory, it is contended, havebeen primarily induced by the hulty epistemology employed.by sixth-centuryjurists.Shari'ah, or Islamic law, is a comprehensive system encompassing thewhole field of human experience. It is not simply a legal system, but rathera composite system of law and morality. That is, Islamic law aspires to regulateall aspects of human activities, not only those that may entail legalconsequences. Hence, all actions and relationships are evaluated in accordancewith a scale of five moral standards.According to Shari'ah, an act may be classified as obligatory (wajib),recommended (mandub), permissible (mubah), reprehensible (makruh), orprohibited (haram). These five categories reflect the varying levels of moral ...

New Frontiers in Private Fiduciary Law

2019 ◽  
pp. 890-908
Author(s):  
Paul B. Miller
Keyword(s):  
Legal Theory ◽  
Corporate Law ◽  
Health Law ◽  
Legal Ethics ◽  
Behavioral Economic ◽  
Legal Studies ◽  
Current State ◽  
Sociological Inquiry ◽  
Future Work ◽  
Scholarly Inquiry

This chapter charts new frontiers of scholarly inquiry in fiduciary law. The chapter first orients the reader by taking stock of the current state of play in fiduciary scholarship. It then identifies a range of important questions that should inspire future work in the field. More specifically, it identifies pressing questions of legal theory (conceptual and normative analysis), economic and empirical legal studies (including classical and behavioral economic analysis), and historical and sociological inquiry. The chapter also raises questions of interest to private law theorists and scholars interested in exploring the significance of fiduciary principles within various subfields, from trust and corporate law to health law and legal ethics.

scholarly journals Post-Islamism and Intellectual Production: A Bibliometric Analysis of the Evolution of Contemporary Islamic Thought

Religions ◽  
2021 ◽  
Vol 12 (1) ◽  
pp. 49
Author(s):  
Mohamed Amine Brahimi ◽  
Houssem Ben Lazreg
Keyword(s):  
Social Sciences ◽  
Social Dynamics ◽  
Scientific Field ◽  
Social Sciences And Humanities ◽  
Islamic Reform ◽  
The Social ◽  
Islamic Thought ◽  
Thinking Differently ◽  
Intellectual Production ◽  
Representative Samples

The advent of the 1990s marked, among other things, the restructuring of the Muslim world in its relation to Islam. This new context has proved to be extremely favorable to the emergence of scholars who define themselves as reformists or modernists. They have dedicated themselves to reform in Islam based on the values of peace, human rights, and secular governance. One can find an example of this approach in the works of renowned intellectuals such as Farid Esack, Mohamed Talbi, or Mohamed Arkoun, to name a few. However, the question of Islamic reform has been debated during the 19th and 20th centuries. This article aims to comprehend the historical evolution of contemporary reformist thinkers in the scientific field. The literature surrounding these intellectuals is based primarily on content analysis. These approaches share a type of reading that focuses on the interaction and codetermination of religious interpretations rather than on the relationships and social dynamics that constitute them. Despite these contributions, it seems vital to question this contemporary thinking differently: what influence does the context of post-Islamism have on the emergence of this intellectual trend? What connections does it have with the social sciences and humanities? How did it evolve historically? In this context, the researchers will analyze co-citations in representative samples to illustrate the theoretical framework in which these intellectuals are located, and its evolution. Using selected cases, this process will help us to both underline the empowerment of contemporary Islamic thought and the formation of a real corpus of works seeking to reform Islam.

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