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
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
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
“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.
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
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
’ have been 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
* 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.
This paper focuses on developing arguments for a meta-ethical foundation of the theory of maqāṣid. I argue that maqāṣid al-sharīʿa , as
. We propose maqāṣid (classical Islamic concept referring to intent, purpose, or objectives) as a guide to the efficient application of the Iraqi repugnancy clause. This approach is consistent with the Iraqi Constitution, which presupposes compatibility between Islam’s settled rulings, human rights