these objectives through a broad approach to maslaha (a maslaha is an act that safeguards the primary objectives, or maqasid , of the Lawgiver) as a means to legitimize the prohibited. They also encourage searching within the four schools of law and beyond them to find the most lenient answer. 6
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
to the concept of maqāṣid (goals, purposes). Conventional Islamic legal theory knows five overarching maqāṣid , to which all concrete norms are subservient: the protection of religion, life, intellect, lineage, and property. 110 Ironically, in pre-modern times the concept of maqāṣid served to
, 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
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
Egypt , Princeton: Princeton University Press, 1995, p. 147. 10 ) Pollard, Nurturing the Nation.. , p. 104; Russell, Creating the New Egyptian Woman… , p. 122. 11 ) At least two (indigenously founded and run) girls’ schools, Ahliah (the Syrian National Girls’ School), and the Maqasid Islamic Benevolent
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
ultimate presen- tation of his defending words as interpretations of creedal verses. To argue a digression in kalâm , from the vantage point of the aforementioned basic mat- ters, is quite unthinkable, and is certainly invalidated by the post-Ghazzalian classics, in Sharhu ʾ l-Mawâqif and Sharhu ʾ l-Maqâsid
ijtahid kulla ijtihādin a alā dawāmi a ub ù diyyatihi fī afdali a ibādatihi bi-dawāmi al-hud ù r bi-llahi nafsan nafsan kay tasila ilā al-liqā h I-llahi a azza wa a alā wa huwa ā a lā al-maqāsid wa asnā al-ma h ārib, razaqanā-llah wa waffaqanā-llah kawna ākhir kalāminā ‘lā ilāha illā-llah Muhammadun ras ù
languages, the methodology of Fiqh deduces that humans, as a corollary of the nature of social life and solidarity, evince the need of articulating their thoughts, from which stems variations of expres- sion. Similarly, jurists deduce legal ( shar ʾ î ) principles with their intent ( maqāsid ),