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
higher objectives of Sharīʿa ( maqāṣid al-Sharīʿa ): The Qurʾān emphasized the equality of men and women in numerous verses. However, they traditionally had different rulings with their differing social roles. Since they have the same social roles now, they should have the same rulings, affirming
’âme. On nomme cela les impressions ( āthār ). Or, ce qui est dans l’âme indique les choses ( umūr ) et ces [dernières] sont appelées les intentions ( maʿānī ), c’est-à-dire les buts ( maqāṣid ) de l’âme. De même, les impressions, en comparaison avec les mots, sont les intentions 37 .
Reste à clarifier
aspects of legal theory. For the sake of clarity, I will refer to this theological question as the doctrine of “divine purposiveness.” In Arabic, the question of divine purposiveness is usually referred to as “ taʿlīl afʿāl Allāh bi’l-maqāṣid wa’l-aghrāḍ .” There are three terms here that warrant
effective cause ( c illa ) of an existing legal judgment rather than constituting an applied attempt to extend the law based on the objectives ( maqāṣid ) of Sharī c a or on economic rationale ( ḥikma ). The jurists believed that effective cause was an objective attribute that did not vary from person to
. by P. Chalmeta, “Le Barnāmağ d’ Ibn Abī l-Rabīʿ,” Arabica XV (1968), pp. 183–208.
Ibn al-Akfānī (d. 749/1348), Irshād al-qāṣid ilā asnā al-maqāṣid , ed. A. Sprenger, Calcutta, 1849; M.J. Hermosilla Llisterri, “Sobre bibliografía árabe. Un resumen del Iršād al-qāṣid ilà asnà al-maqāṣid
/tenth century Iḫwān al-Ṣafāʾ, 45 al-Ġazālī (including Tahāfut and Maqāṣid al-falāsifa ), and Ibn Rušd (d. 595/1198, including his Tahāfut al-Tahāfut and Kitāb Mā baʿd al-ṭabīʿa ). Almost all of these additional works were printed in the early twentieth century. Again demonstrating an interest in Šīʿī
Recognition of the Placebo Effect,” Medieval Encounters 1 (1995): 1–50, esp. 40, and 2) al-Ghazālī (ca. AD 1058–1111), Maqāṣid al-falāsifa , Physics , chapter 5, who illustrates how the soul influences the body: ed. by Sulaymān Dunyā (Cairo: Dār al-maʿārif, 1961), 381 ll. 6–10: “If the soul sees
” (postscript) to an edition of the medieval author Ibn al-Mibrad’s topography the Thimār al-maqāsid fī dhikr al-masājid . 32
Despite this evidence to the contrary, the other inscription in the shrine, located over the entrance to the mausoleum above ground, reads:
This is the tomb of Sayyida Fāṭima al
/ fatwa (religious opinion) entitled al-Maqasid al-Mumahhassa fi Bayan Kayy al-Hummussa (the Clarified Intentions about Cauterization with a Chick-Pea) about the impurity that might affect a person who touches the pus. Nabulusi argued that if the pus was solid, touching it would not cause impurity, but