A world expert's introduction to the controversial subject of Islamic law Providing a comprehensive and accessible examination of Shari’ah Law, this well considered introduction examines the sources, characteristic features, and schools of thought of a system often stereotyped for its severity in the West. In a progressive and graduated fashion, Mohammad Hashim Kamali discusses topics ranging from juristic disagreement to independent reasoning. Also broaching more advanced topics such as the principle of legality and the role and place of Shari’ah-oriented policy, Kamali controversially questions whether Islam is as much of a law-based religion as it has often been made out to be. Complete with a bibliography and glossary, and both a general index and an index of Arabic quotations, this wide-ranging exploration will prove an indispensable resource for Islamic students and scholars, and an informative guide to a complex topic for the general reader.
This third edition of the best-selling title Principles of Islamic Jurisprudence has been completely revised and substantially enlarged. In this work, Prof Kamali offers us the first detailed presentation available in English of the theory of Muslim law (usul al-fiqh). Often regarded as the most sophisticated of the traditional Islamic disciplines, Islamic Jurisprudence is concerned with the way in which the rituals and laws of religion are derived from the Qur'an and the Sunnah—the precedent of the Prophet. Written as a university textbook, Principles of Islamic Jurisprudence is distinguished by its clarity and readability; it is an essential reference work not only for students of Islamic law, but also for anyone with an interest in Muslim society or in issues of comparative Jurisprudence.
Winner of the I.R. Iran World Award for Book of the Year In The Middle Path of Moderation in Islam, leading Islamic law expert Mohammad Hashim Kamali examines the concept of wasatiyyah, or moderation, arguing that scholars, religious communities, and policy circles alike must have access to this governing principle that drives the silent majority of Muslims, rather than focusing on the extremist fringe. Kamali explores wasatiyyah in both historical/conceptual terms and in contemporary/practical terms. Tracing the definition and scope of the concept from the foundational sources of Islam, the Qu'ran and Hadith, he demonstrates that wasatiyyah has a long and well-developed history in Islamic law and applies the concept to contemporary issues of global policy, such as justice, women's rights, environmental and financial balance, and globalization. Framing his work as an open dialogue against a now-decades long formulation of the arguably destructive Huntingtonian "clash of civilizations" thesis as well as the public rhetoric of fear of Muslim extremism since the attacks of September 11, 2001, Kamali connects historical conceptions of wasatiyyah to the themes of state and international law, governance, and cultural maladies in the Muslim world and beyond. Both a descriptive and prescriptive meditation on a key but often neglected principle of Islam, The Middle Path of Moderation in Islam provides insight into an idea that is in the strategic interest of the West both to show and practice for themselves and to recognize in Muslim countries.
This paper develops the idea of a maqasid-based framework for ijtihad and civilizational renewal (tajdid hadari), a broad and engaging prospect that also involves a review and reappraisal of the methodology of Islamic jurisprudence relating to both the maqasid and ijtihad. The author argues that this would enable Muslims to widen the scope and horizon of the maqasid or objectives of Islamic law from their currently legalistic leanings towards the wider perspective of civilisational renaissance. The nexus that needs to be developed between the maqasid and ijtihad also needs to be supported by a credible methodology, which is what the author has attempted in this paper.
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.
Shariah law is a subject that is misunderstood and misrepresented by many in the West. More than simply a system of law, it is concerned with a set of values and rules that are essential to the understanding and practice of Islam. In this volume, Mohammad Hashim Kamali, a world-renowned expert on Shariah, adopts a question-and-answer format to provide a clear introduction to its most salient aspects. Extending from the sources of Shariah in the Qur’an, hadith and the legal maxims of Islamic law to the discussion of issues such as freedom of religion, gender equality and human rights, Shariah Law: Questions and Answers connects the theoretical aspects of the law with how it is applied in the world today. At once scholarly and accessible, it is sure to be a vital resource for students, teachers and general readers, addressing as it does a range of contemporary concerns, including jihad, democracy, the environment, genetic engineering, human cloning, euthanasia and abortion.
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.
The rapid expansion of the halal industry and its markets has occurred not only in the heavily Islamic regions of Southeast Asia and the Middle East, but also in more unexpected countries such as Turkey, Japan, and South Korea, plus many others around the world. Yet despite both the increasing number of practicing Muslims and the demand for halal products worldwide, a base of scholarship on the subject has never emerged. The industry has been more market driven rather than knowledge driven. As such, industry operators have frequently drawn attention to the absence of such an authoritative text, one that would elucidate the shariah credibly of halal as well as its market presence. Mohammad Hashim Kamali's Shariah and the Halal Industry is designed to fill this gap. The first of its kind in the English language, the book is written in an accessible and reader-friendly style by a world-renowned authority on Islamic law and jurisprudence. The book serves as a reference on the shariah foundations of halal and meets the needs not only of industry operators and decision-makers, but also of students, scholars of Islam, and the many practicing Muslims who are customers of the halal industry across the globe. The book can also serve to educate the general public and non-specialist readers on Islam and shariah law at-large.
In Freedom, Equality and Justice in Islam, M H Kamali presents the reader with an analysis of the three concepts of freedom, equality and justice from an Islamic point of view and their manifestations in the religious, social, legal and political fields. The author discusses the evidence to be found for these concepts in the Qur'an and Sunna, and reviews the interpretations of the earlier schools of law. The work also looks at more recent contributions by Muslim jurists who have advanced fresh interpretations of freedom, equality and justice in the light of the changing realities of contemporary Muslim societies. Freedom, Equality and Justice in Islam is part of a series dedicated to the fundamental rights and liberties in Islam and should be read in conjunction with The Dignity of Man: An Islamic Perspective and Freedom of Expression in Islam.
In Crime and Punishment in Islamic Law: A Fresh Interpretation, Mohammad Kamali considers problems associated with and proposals for reform of the hudud punishments prescribed by Islamic criminal law, and other topics related to crime and punishment in Shariah. He examines what the Qur'an and hadith say about hudud punishments, as well as just retaliation (qisas), and discretionary punishments (ta'zir), and looks at modern-day applications of Islamic criminal law in 15 Muslim countries. Particular attention is given to developments in Malaysia, a multi-religious society, federal state, and self-described democracy, where a lively debate about hudud has been on-going for the last three decades. Malaysia presents a particularly interesting case study of how a reasonably successful country with a market economy, high levels of exposure to the outside world, and a credible claim to inclusivity, deals with Islamic and Shariah-related issues. Kamali concludes that there is a significant gap between the theory and practice of hudud in the scriptural sources of Shariah and the scholastic articulations of jurisprudence of the various schools of Islamic law, arguing that literalism has led to such rigidity as to make Islamic criminal law effectively a dead letter. His goal is to provide a fresh reading of the sources of Shariah and demonstrate how the Qur'an and Sunnah can show the way forward to needed reforms of Islamic criminal law.
Exploring the question in detail Kamali explains the basic principles of halal and haram and discusses, particularly in relation to the meat industry, key issues surrounding their implementation. In doing so he gives important insights into, and relevant understanding of, many of the misconceptions and challenges confronting Muslims today. The issue of additives for instance has caused considerable confusion in food consumption. Not surprisingly, perceptions of what constitutes halal also vary among the schools and scholars of Islam. Other factors such as custom and climate also tend to be influential. In addition the work at hand examines issues in halal certification procedures, and matters of concern to uniformity in halal industry practices.
The history of Islamic thought is marked by a continuous tradition of internal revitalisation and reform embedded in the principles of islah, and tajdid. The ultimate purpose has been to bring existing realities and social change in line with the transcendent and universal standard of the Qur’an and Sunnah through a process of restoration and reform. The tradition of islah-tajdid has thus consistently challenged the Muslim status quo and prompted fresh interpretation of the Qur’an and Sunnah, understood and implemented through the methodologies of interpretation and ijtihad, as well as the rejection of unwarranted accretions to the original messages of Islam. The basic theme of the paper is that civilisational renewal is an integral part of Islamic thought. The paper looks into the meaning, definition and origins of tajdid and islah and their relationship with ijtihad, and how these have been manifested in the writings and contributions of the thought leaders of Islam throughout its history. It also develops tajdid-related formulas and guidelines that should lead the efforts of contemporary Muslims in forging the objectives of inter-civilisational harmony and their cooperation for the common good.
A Textbook of Hadith Studies provides an academic introduction to the Hadith, or the teachings of the Prophet Muhammad, which are second only to the Qur'an (Koran) in their authoritativeness within Islamic tradition. Suitable for university courses and all serious students of Islam, the topics surveyed include Hadith methodology, Hadith literature, the history of Hadith compilation and documentation, and the methods of Hadith criticism (al-jarh wa al-ta'dil) and classification. Mohammad Hashim Kamali, born in Afghanistan in 1944, was a professor of Islamic Law and Jurisprudence at the International Islamic University in Malaysia, and dean of the International Institute of Islamic Thought and Civilization (ISTAC) from 1985–2007. He is currently chairman and CEO of the International Institute of Advanced Islamic Studies, Malaysia. He is also on the international advisory boards of eleven academic journals published in Malaysia, the United States, Canada, Kuwait, India, Australia, and Pakistan. Professor Kamali has addressed over 120 national and international conferences, and has published sixteen books and over 110 academic articles. His books include The Principles of Islamic Jurisprudence, Freedom of Expression in Islam, and Islamic Commercial Law: An Analysis of Futures and Options
The history of Islamic thought is marked by a continuous tradition of internal revitalisation and reform embedded in the principles of islah, and tajdid. The ultimate purpose has been to bring existing realities and social change in line with the transcendant and universal standard of the Qur’an and Sunnah through a process of restoration and reform. The tradition of islah-tajdid has thus consistently challenged the Muslim status quo and prompted fresh interpretation of the Qur’an and Sunnah, understood and implemented through the methodologies of interpretation and ijtihad, as well as the rejection of unwarranted accretions to the original messages of Islam. The basic theme of the paper is that civilisational renewal is an integral part of Islamic thought. The paper looks into the meaning, definition and origins of tajdid and islah and their relationship with ijtihad, and how these have been manifested in the writings and contributions of the thought leaders of Islam throughout its history. It also develops tajdid-related formulas and guidelines that should lead the efforts of contemporary Muslims in forging the objectives of inter-civilisational harmony and their cooperationfor the common good.
This paper develops the idea of a maqasid-based framework for ijtihad and civilizational renewal (tajdid hadari), a broad and engaging prospect that also involves a review and reappraisal of the methodology of Islamic jurisprudence relating to both the maqasid and ijtihad. The author argues that this would enable Muslims to widen the scope and horizon of the maqasid or objectives of Islamic law from their currently legalistic leanings towards the wider perspective of civilizational renaissance. The nexus that needs to be developed between the maqasid and ijtihad also needs to be supported by a credible methodology, which is what the author has attempted in this paper.
This paper develops the idea of a maqasid-based framework for ijtihad and civilizational renewal (tajdid hadari), a broad and engaging prospect that also involves a review and reappraisal of the methodology of Islamic jurisprudence relating to both the maqasid and ijtihad. The author argues that this would enable Muslims to widen the scope and horizon of the maqasid or objectives of Islamic law from their currently legalistic leanings towards the wider perspective of civilisational renaissance. The nexus that needs to be developed between the maqasid and ijtihad also needs to be supported by a credible methodology, which is what the author has attempted in this paper.
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. Part Two of Equity and Fairness in Islam is an attempt to apply the concepts of equity and fairness to certain issues of contemporary concern and especially to commercial transactions. The issues raised here are related to Islamic banking, sale transactions, charitable endowments, pensions funds and other long-term saving accounts. Equity and Fairness in Islam can be read in conjunction with M H Kamali's titles especially Islamic Commercial Law.
Exploring the question in detail Kamali explains the basic principles of halal and haram and discusses, particularly in relation to the meat industry, key issues surrounding their implementation. In doing so he gives important insights into, and relevant understanding of, many of the misconceptions and challenges confronting Muslims today. The issue of additives for instance has caused considerable confusion in food consumption. Not surprisingly, perceptions of what constitutes halal also vary among the schools and scholars of Islam. Other factors such as custom and climate also tend to be influential. In addition the work at hand examines issues in halal certification procedures, and matters of concern to uniformity in halal industry practices.
This paper develops the idea of a maqasid-based framework for ijtihad and civilizational renewal (tajdid hadari), a broad and engaging prospect that also involves a review and reappraisal of the methodology of Islamic jurisprudence relating to both the maqasid and ijtihad. The author argues that this would enable Muslims to widen the scope and horizon of the maqasid or objectives of Islamic law from their currently legalistic leanings towards the wider perspective of civilizational renaissance. The nexus that needs to be developed between the maqasid and ijtihad also needs to be supported by a credible methodology, which is what the author has attempted in this paper.
The history of Islamic thought is marked by a continuous tradition of internal revitalisation and reform embedded in the principles of islah, and tajdid. The ultimate purpose has been to bring existing realities and social change in line with the transcendent and universal standard of the Qur’an and Sunnah through a process of restoration and reform. The tradition of islah-tajdid has thus consistently challenged the Muslim status quo and prompted fresh interpretation of the Qur’an and Sunnah, understood and implemented through the methodologies of interpretation and ijtihad, as well as the rejection of unwarranted accretions to the original messages of Islam. The basic theme of the paper is that civilisational renewal is an integral part of Islamic thought. The paper looks into the meaning, definition and origins of tajdid and islah and their relationship with ijtihad, and how these have been manifested in the writings and contributions of the thought leaders of Islam throughout its history. It also develops tajdid-related formulas and guidelines that should lead the efforts of contemporary Muslims in forging the objectives of inter-civilisational harmony and their cooperation for the common good.
Advanced in this paper is a Qur’anic perspective on thinking, rationality, and critical reason, which in its critical and goal-oriented dimensions provides a set of guidelines that ensures its purity and purpose from negative reductionist influences. The guidelines so provided are also rich in advancing a spiritual dimension with the understanding that thinking which is not informed by morality and faith can lose its direction and purpose and can even become harmful to human welfare. The paper begins with a discussion of the divine signs, the ayat, and the prominent profile that they take in the Qur’anic conception of thinking. Other topics discussed include an identification of the sources of knowledge in the Qur’an, factors that impede rational thinking, and a historical sketch of the golden age of scientific creativity and its eventual decline. A brief section is also devoted to ijtihad and where it fits into the scheme of our analysis on thinking, followed by a short comparison of Islamic and Western philosophical perceptions of rationality.
Exploring the question in detail Kamali explains the basic principles of halal and haram and discusses, particularly in relation to the meat industry, key issues surrounding their implementation. In doing so he gives important insights into, and relevant understanding of, many of the misconceptions and challenges confronting Muslims today. The issue of additives for instance has caused considerable confusion in food consumption. Not surprisingly, perceptions of what constitutes halal also vary among the schools and scholars of Islam. Other factors such as custom and climate also tend to be influential. In addition the work at hand examines issues in halal certification procedures, and matters of concern to uniformity in halal industry practices.
Maqasid Al-Shariah: Made simple 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: A Beginner’s Guide 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.
The history of Islamic thought is marked by a continuous tradition of internal revitalisation and reform embedded in the principles of islah, and tajdid. The ultimate purpose has been to bring existing realities and social change in line with the transcendent and universal standard of the Qur’an and Sunnah through a process of restoration and reform. The tradition of islah-tajdid has thus consistently challenged the Muslim status quo and prompted fresh interpretation of the Qur’an and Sunnah, understood and implemented through the methodologies of interpretation and ijtihad, as well as the rejection of unwarranted accretions to the original messages of Islam. The basic theme of the paper is that civilisational renewal is an integral part of Islamic thought. The paper looks into the meaning, definition and origins of tajdid and islah and their relationship with ijtihad, and how these have been manifested in the writings and contributions of the thought leaders of Islam throughout its history. It also develops tajdid-related formulas and guidelines that should lead the efforts of contemporary Muslims in forging the objectives of inter-civilisational harmony and their cooperation for the common good.
The rapid expansion of the halal industry and its markets has occurred not only in the heavily Islamic regions of Southeast Asia and the Middle East, but also in more unexpected countries such as Turkey, Japan, and South Korea, plus many others around the world. Yet despite both the increasing number of practicing Muslims and the demand for halal products worldwide, a base of scholarship on the subject has never emerged. The industry has been more market driven rather than knowledge driven. As such, industry operators have frequently drawn attention to the absence of such an authoritative text, one that would elucidate the shariah credibly of halal as well as its market presence. Mohammad Hashim Kamali's Shariah and the Halal Industry is designed to fill this gap. The first of its kind in the English language, the book is written in an accessible and reader-friendly style by a world-renowned authority on Islamic law and jurisprudence. The book serves as a reference on the shariah foundations of halal and meets the needs not only of industry operators and decision-makers, but also of students, scholars of Islam, and the many practicing Muslims who are customers of the halal industry across the globe. The book can also serve to educate the general public and non-specialist readers on Islam and shariah law at-large.
Exploring the question in detail Kamali explains the basic principles of halal and haram and discusses, particularly in relation to the meat industry, key issues surrounding their implementation. In doing so he gives important insights into, and relevant understanding of, many of the misconceptions and challenges confronting Muslims today. The issue of additives for instance has caused considerable confusion in food consumption. Not surprisingly, perceptions of what constitutes halal also vary among the schools and scholars of Islam. Other factors such as custom and climate also tend to be influential. In addition the work at hand examines issues in halal certification procedures, and matters of concern to uniformity in halal industry practices.
Winner of the I.R. Iran World Award for Book of the Year In The Middle Path of Moderation in Islam, leading Islamic law expert Mohammad Hashim Kamali examines the concept of wasatiyyah, or moderation, arguing that scholars, religious communities, and policy circles alike must have access to this governing principle that drives the silent majority of Muslims, rather than focusing on the extremist fringe. Kamali explores wasatiyyah in both historical/conceptual terms and in contemporary/practical terms. Tracing the definition and scope of the concept from the foundational sources of Islam, the Qu'ran and Hadith, he demonstrates that wasatiyyah has a long and well-developed history in Islamic law and applies the concept to contemporary issues of global policy, such as justice, women's rights, environmental and financial balance, and globalization. Framing his work as an open dialogue against a now-decades long formulation of the arguably destructive Huntingtonian "clash of civilizations" thesis as well as the public rhetoric of fear of Muslim extremism since the attacks of September 11, 2001, Kamali connects historical conceptions of wasatiyyah to the themes of state and international law, governance, and cultural maladies in the Muslim world and beyond. Both a descriptive and prescriptive meditation on a key but often neglected principle of Islam, The Middle Path of Moderation in Islam provides insight into an idea that is in the strategic interest of the West both to show and practice for themselves and to recognize in Muslim countries.
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.
The history of Islamic thought is marked by a continuous tradition of internal revitalisation and reform embedded in the principles of islah, and tajdid. The ultimate purpose has been to bring existing realities and social change in line with the transcendant and universal standard of the Qur’an and Sunnah through a process of restoration and reform. The tradition of islah-tajdid has thus consistently challenged the Muslim status quo and prompted fresh interpretation of the Qur’an and Sunnah, understood and implemented through the methodologies of interpretation and ijtihad, as well as the rejection of unwarranted accretions to the original messages of Islam. The basic theme of the paper is that civilisational renewal is an integral part of Islamic thought. The paper looks into the meaning, definition and origins of tajdid and islah and their relationship with ijtihad, and how these have been manifested in the writings and contributions of the thought leaders of Islam throughout its history. It also develops tajdid-related formulas and guidelines that should lead the efforts of contemporary Muslims in forging the objectives of inter-civilisational harmony and their cooperationfor the common good.
This paper develops the idea of a maqasid-based framework for ijtihad and civilizational renewal (tajdid hadari), a broad and engaging prospect that also involves a review and reappraisal of the methodology of Islamic jurisprudence relating to both the maqasid and ijtihad. The author argues that this would enable Muslims to widen the scope and horizon of the maqasid or objectives of Islamic law from their currently legalistic leanings towards the wider perspective of civilisational renaissance. The nexus that needs to be developed between the maqasid and ijtihad also needs to be supported by a credible methodology, which is what the author has attempted in this paper.
Shariah law is a subject that is misunderstood and misrepresented by many in the West. More than simply a system of law, it is concerned with a set of values and rules that are essential to the understanding and practice of Islam. In this volume, Mohammad Hashim Kamali, a world-renowned expert on Shariah, adopts a question-and-answer format to provide a clear introduction to its most salient aspects. Extending from the sources of Shariah in the Qur’an, hadith and the legal maxims of Islamic law to the discussion of issues such as freedom of religion, gender equality and human rights, Shariah Law: Questions and Answers connects the theoretical aspects of the law with how it is applied in the world today. At once scholarly and accessible, it is sure to be a vital resource for students, teachers and general readers, addressing as it does a range of contemporary concerns, including jihad, democracy, the environment, genetic engineering, human cloning, euthanasia and abortion.
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.
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