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vol. 15, no. 12, 2000; Khaled Abou el Fadl, “The human rights commitment in modern
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-century Shīʿī imam ʿAlī b. al-Ḥusayn Zayn
my-way-or-the-high-way-attitude/ (accessed 20 October, 2009). See this for the
condemnation of personal attacks and method of critique that is justified.
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of appreciation’. Even though I agree with Shah’s criticism of Baderin’s view, on a deeper level, Shah’s interpretive approach comes very close to Baderin’s approach of maslahah (public welfare). Maslahah is recognised as the higher objectives of Sha- riah ( ‘Maqasid al-Shariah’ ). 4 Shah further
then from four tools used to uncover new resources in the law: qiyas (analogy), maslahah (public good), maqasid (purposes of the law), and ijtihad (exercise of personal reason). 1. Qur’an and Sunna as Environmental Texts Some essays in Islamic environmental texts are almost as much Qur’anic quotation
, the present and future state of the biosphere is given legal primacy. Ecology is theorized to be at the core of the very “aims of the law” (Ar. maqasid al-shariʿa ) as an antecedent. That is, environmental well-being is claimed to supersede and to represent a necessary condition that precedes the
(adoption of a verdict reasoned by previous scholars), the MUI and Muhammadiyah fatāwā argue from the perspective of Islamic legal theory, namely maqāṣid al-sharīʿa (foundational objectives of Islamic law). They reason that the harm ( mafsada ) resulting from marriages between Muslim men and
Johnston David L. 2007 . “ Maqasid al-Shari‘a : Epistemology and Hermeneutics of Muslim Theologies of Human Rights .” Die Welt des Islams 47 , 2 : 149 – 187 .
—— . 2010 . Earth, Empire and Sacred Text: Muslims and Christians as Trustees of Creation . London : Equinox .
Llewellyn Othman Abd
-Ghazālī, he divides maqāṣid (objectives) into three categories, namely necessity, need, and embellishment. As mentioned before, al-Ghazālī suggested that they consist of five universal principles, religion ( dīn ), life ( nafs ), intellect ( ʿaql ), progeny ( nasl ), and property ( mulkiyya ). Every level