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Discussing rights and liberties in Islam, this examination focuses on three connected and complementary areas–education, work, and welfare–and how each is treated in the Qur’an. The Prophet and Pious Caliphs are used as examples as the book argues that the educated are more likely to enter the workforce and contribute to the community. Touching upon various topics, including the institutionalization of learning, the role of governments, and the responsibility to care for individuals in need, this record offers an understanding of human rights from an Islamic perspective. Those interested in Islamic Studies, law, and philosophy will be particularly intrigued
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The science of source methodology in Islamic Jurisprudence (usul al-fiqh) has been defined as the aggregate, considered per se, of legal proofs and evidence that, when studied properly, will lead either to a certain knowledge of a Sharicah1 ruling or to at least a reasonable assumption concerning the same; the manner by which such proofs are adduced, and the status of the adducer
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The Qur’an approaches the issue of “political thought” as part of a comprehensive discourse which establishes their general goals and frames of reference. It is then left to the human mind to complete these with what it has learned from experiences in history and what the scholars understood from the Text about how to deal with reality. This work is about the origins of political thought and a study of the philosophy of politics.
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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.
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This is the first work in the English language to deal specifically with the subjects of equity and fairness in Islamic law. Prof M H Kamali takes these concepts back to their origin in the Qur’an, the sayings of the Prophet Muhammad and the era of the Companions of the Prophet in the first two centuries of Islam. This is followed by discussions of equity as a basis for the formulation of Islamic law and a comparison between it and other concepts essential for law making such as general consensus, analogical reasoning and considerations of public interest.
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Apostacy remains one of the most controversial issues to have afflicted the Muslim world down the centuries. It is also the source of much damaging media coverage today as Islamic jurisprudence stands accused of a flagrant disregard for human rights and freedom of expression. It is vital therefore, that in the interests of compassion and justice, as well as freedom of belief, this subject is clearly addressed once and for all.
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Apostacy remains one of the most controversial issues to have afflicted the Muslim world down the centuries. It is also the source of much damaging media coverage today as Islamic jurisprudence stands accused of a flagrant disregard for human rights and freedom of expression. It is vital therefore, that in the interests of compassion and justice, as well as freedom of belief, this subject is clearly addressed once and for all.
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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 Quran was to study the objectives of Islam, the causes behind Islamic legal rulings and the intentions and goals underlying the Shariah, or Islamic law. They made it clear that every legal ruling in Islam was a function which it performs, an aim which it realizes, a cause , to be explicit or implicit, and an intention which it seeks to fulfill, and to 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 Quran and the sunnah, while at other times, scholars might bring them to the light by means of independent reasoning based on their understanding of the Quran and the sunnah within a framework of time and space.
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Maqasid Al-Shariah, or the higher goals and objectives of Islamic law, is an important and somewhat neglected theme of shariah. Generally the Shariah is predicted on 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 is an easy birds eye view of the subject, simplifying its main principles to help readers understand the subject of Maqasid Al-Shariah and how it explains the wisdom behind rulings.
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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 multi-dimensional, binary rather than multi-valued, deconstructionist rather than reconstructionist, and caused rather than teleological. 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 realisation 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 realising Maqasid Al-Shariah.
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Toward Our Reformation from Legalism to Value-Oriented Islamic Law and Jurisprudence. It is the author's contention that at the heart of the Muslim predicament lies ignorance and/or lack of commitment to core Islamic values, thus what is advocated throughout this work is a return to what is termed a 'value-oriented' approach. We further learn that with the passage of time what we today consider to be the Shariah is in effect an original hub enveloped in a labyrinthine shroud of scholastic views and deductions hindering Muslim development, and to rely on fraudulent hadith and fallacious implementation of hudud law is not only to betray the spirit of the Quran and the Prophets message, but a disastrous exercise.
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This books opens the door towards the integration of contemporary values and worldview into the maqasid terminology. 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.
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