and on almost any conceivable topic.
1.1 Dialogue—Not Exchange of Monologues
However, this article, which is meant to be the first in a series around a research project into the figure and potential of the maqāṣid al-shari‛ah or the so-called higher intents of Islamic law, is going to argue
yang menjadi maqasid kepada hadith tersebut. Teks-teks hadith dikumpulkan mengikut tajuk ( mawdu’i ) dan takhrij ringkas dilakukan terhadap hadith-hadith wakaf infrastruktur dalam al-Kutub al-Sittah sahaja. Al-Kutub al-Sittah ialah enam buah kitab utama hadith yang terdiri daripada Sahih al
“Maqāṣid al-Qur’ān” appears as an emerging science in the field of Islamic studies that promotes a particular understanding of the Qur’ānic discourse. As scholars’ contributions in this subject are lacking a scholarly definition of this very science, this study aims to formulate its definition in a scholarly manner. In doing so, this research firstly presents the meaning of “maqasid” as well as the “Qur’ān”; secondly, it explores the key elements for this definition in scholars’ views on this subject; finally, it formulates a definition for it in the light of these elements and explains them in brief.
argue that the muftis’ arguments for their fatwas are translatable into a more widely accessible language that allows clarifying fundamental values and their interpretations. I will argue that the maqāṣid theory forms one Islamic counterpart to the theory of modern common morality , “the morality of
There has been much debate in the last century about how to modernise Islamic law so as to make it appropriate for a changing society. Among the solutions that have been proposed is the theory of maqāṣid al-sharīʿa as a legal theory for Islamic law. In the contemporary Shīʿī context, the calling
It is challenging to do justice to an edited volume in a review; space does not allow detailed discussion of all contributions, and uneven quality can compromise the value of the whole. Overall, the editor is to be congratulated for gathering a broad spectrum of current debates on maqāṣid al
disputing the validity and the scope of the doctrinal theories of uṣūl al-fiqh and maqāṣid al-sharīʿa while failing to realize the theories’ sole purpose: facilitating the production of functional positive laws ( al-furūʿ ). Taking the well-established jurisprudential doctrines of ijmāʿ (consensus
* I am indebted to Gavin Picken for reading the first draft of this article and Yasmin Amin for her valuable remarks on the final draft.
This paper focuses on developing arguments for a meta-ethical foundation of the theory of maqāṣid. I argue that maqāṣid al-sharīʿa , as
secular point of view. My approach to circumventing this hurdle was to look at the so-called Higher Intentions in Islamic law, the maqāṣid al-shari’ah . The maqāṣid , while ultimately based on religious primary sources, the Qur’an and the practice of the Prophet Muhammad, the so-called Sunna , have