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Author: Felicitas Opwis

contemporary society drew renewed scrutiny to the foundations or sources of law, uṣūl al-fiqh . Discussions about the sources and methods of law-finding thrived among Muslim jurisprudents 4 from the early years of the twentieth century, with the concept of maṣlaḥa 5 and the maqāṣid al

In: Die Welt des Islams

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

In: Al-Bayan: Journal of Qur'an and Hadith Studies
Author: Tazul Islam

“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.

In: Al-Bayan: Journal of Qur'an and Hadith Studies

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

In: Arab Law Quarterly
Author: David Johnston

purposes ( maqasid ) of the revealed law (Shari‘ah) can be established by way of juristic in- duction; and 2) he labored to prove that the legislative purpose was inscribed and sutured into the very texture of life, provided that the juristic vision was sufficiently honed to read it correctly from the

In: Die Welt des Islams
Author: Felicitas Opwis

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

In: Islamic Law and Society
Author: Heba Sewilam

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

In: Arab Law Quarterly
Using contemporary illustrations, Legal Maxims in Islamic Criminal Law delves into the theoretical and practical studies of al-Qawaid al-Fiqhiyyah in Islamic legal theory. It elucidates the importance of this concept in the application of Islamic law and demonstrates how the concept relates to the objectives of Islamic law ( maqāṣid al-Sharī‘ah), generally. Included in this examination are the following maxims: al-Umūr bi-Maqāṣidihā ("Matters shall be Judged by their Objectives"); al-Yaqīn lā Yazūl bi-sh-Shakk ("Certainty Cannot be Overruled by Doubt"); al-Mashaqqa Tajlib at-Taysīr ("Hardship begets Facility"); Lā Ḍarar wa-lā Ḍirār ("No Injury or Harm shall be Inflicted or Reciprocated"); and al-ʿĀda Muḥakkama ("Custom is Authoritative").
Author: Mariam al-Attar

* 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. Introduction This paper focuses on developing arguments for a meta-ethical foundation of the theory of maqāṣid. I argue that maqāṣid al-sharīʿa , as

In: Journal of Islamic Ethics