purposes ( maqāasiḍ ) which, in turn, is identified on the basis of a legal theory methodology that hermeneutically privileges an ethico-religious values based approach to the interpretation of the Qurʾān and sunna mentioned above. The ethico-religious valued and maqasid based approaches to Islamic legal

In: Hawwa

maqasid al-shariah , is one important tool of this dialogical engagement. 54 Maqasid has a long genealogy in Islamic thought, dating back to al-Ghazali. Ibn Ashur’s influential nineteenth-century treatise on maqasid devotes an entire chapter to “Freedom in the Shariah,” arguing that freedom and

In: Journal of Global Slavery

« principe téléologique » que Ghazālī loge derrière les concepts de maṣlaḥa (intérêt général ou public) et de maqāṣid (finalités). L’étude permet à l’auteur d’identifier les deux voies par lesquelles l’influence de Galien s’exerça sur Ghazālī (p. 106-107) : a) les traductions en langue arabe réalisées

In: Studia Islamica

Islam. He thus defined the maqāṣid (the goals) of the sharī‘a as primarily political, equating the common good with national interest. According to Felicitas Opwis, maṣlaḥa gained currency among Sunni Muslim jurists and legal theorists as early as the 10th century amidst discussions of the

In: Middle East Law and Governance

the coastal town of Jātiva, known as Shātibah in Arabic. Shāṭibī’s masterful elaboration of the doctrine known as “the purposes of the revealed law” ( maqāṣid al-Sharīʿa ) has had a profound impact on modern Islamic thought. Contemporary Muslim revivalists and modernists enthusiastically adopt his

In: Islamic Law and Society

conflict with these objectives. This approach, Baderin notes, is “justified within the context of the overall objectives of the shari’ah or the higher intents of Islamic law ( maqasid as-shari’ah ) which is understood by both the classical and contemporary Islamic jurists to be the promotion of human

In: International Criminal Law Review

the reader to appreciate the different aspects of Islamic law and to understand his reasoning that leads to the adoption of a reformist approach. He assumes, in fact, that purpose of the Sharî‘ah ( maqâsid al-sharî‘ah ) is the promotion of human welfare and the prevention of harm ( maslahah ), a

In: Asia-Pacific Journal on Human Rights and the Law

eventually became so formal, literal and legalistic that sooner or later the subject of the underlying purpose or objectives had to be raised. Indeed, the response to its myopic reductionism into laws and codes led to the development of the maqāṣid (objectives of Islam) approach. The growth and evolution

In: Arab Law Quarterly

this issue and it was not until al-Shatibi (d.790 AH) who developed his major theme on the objectives and the philosophy of Shari h ah ( maqasid al-shari h ah ). Al-Shatibi’s contribution came, however, too late to make a visible impact on the basic scheme and methodology of usul . 64 Echoing this

In: Hawwa

, Ibn Sina's classification won some success among Jewish medieval philosophers. It became known to them by three ways: 1) Hebrew translations of al-Gazzali's works, namely; a) three translations of the Maqasid: Déot ha-Filosofim, due to Isaac Albalag (end of the 13th century); an anonymous translation

In: Medieval Encounters