Author: Taha Jabir Al-Alwani Publisher: International Institute of Islamic Thought (IIIT) ISBN: 1565664051 Category : Religion Languages : en Pages : 47
Book Description
Considering that the accepted juridical sources of Islam are valid for all times and places, ijtiahd may be described as a creative but disciplined intellectual effort to derive legal rulings from those sources while taking into consideration the variables imposed by the fluctuating circumstances of Muslim society. Consigning ijtihad to be annals of history is a denial of the rationalistic, egalitarian, and humane aspects of a realistic and durable Faith. The act would be a repudiation of the requisites of changing times and of the clamoring need to rid the Ummah of its present baggage of malaise and enable it to forge ahead, inspiring other nations and communities. It can be proved historically that the Ummah only entered its current crisis after ijtihad fell into disuse and was gradually replaced by taqlid. It is only through ijtihad that Muslims will be able to construct a new specific methodological infrastructure capable of addressing the crisis of Islamic thought and so, propose alternatives for the many problems of the contemporary world. The courage that needs to accompany such a mission is tremendous, the methodology massive an meticulous. With this work, Dr Al-Alwani has contributed to the debate on this vital issue. The very way he tackled it-sometimes with boldness, sometimes with caution-shows that the debate is not an open-and shut issue, and that it needs to be widen quickly in view of the urgency of the situation.
Author: Mohammad Hashim Kamali Publisher: International Institute of Islamic Thought (IIIT) ISBN: 156564493X Category : Religion Languages : en Pages : 35
Book Description
Maqasid al-Shari’ah, or the higher goals and objectives of Islamic law, is an important and yet somewhat neglected theme of the Shari’ah. Generally the Shari’ah is predicated on the benefits of the individual and that of the community, and its laws are designed so as to protect these benefits and facilitate improvement and perfection of the conditions of human life on earth. This easy to read guide gives a bird’s eye view of the subject, simplifying its main principles to help readers understand the subject of maqasid al-shari’ah and how it explains the ‘wisdoms behind rulings.’ The paper focuses on a general characterisation of maqasid al-shari’ah and its origins in the Quran; the classification of maqasid; historical developments and the contributions of some of the leading ulama to the theory of maqasid; the differential approaches the ulama have taken toward the identification of maqasid; and finally the relevance of maqasid to ijtihad and the ways in which maqasid can enhance the scope and caliber of ijtihad.
Author: Jasser Auda Publisher: International Institute of Islamic Thought (IIIT) ISBN: 1565644409 Category : Religion Languages : en Pages : 74
Book Description
Current applications (or rather, misapplications) of Islamic law are reductionist rather than holistic, literal rather than moral, one-dimensional rather than multidimensional, binary rather than multi-valued, deconstructionist rather than reconstructionist, and causal rather than teleological. There is lack of consideration and functionality of the overall purposes and underlying principles of the Islamic law as a whole. Further, exaggerated claims of ‘rational certainty’ (or else, ‘irrationality’) and ‘consensus of the infallible’ (or else, ‘historicity of the scripts’) add to lack of spirituality, intolerance, violent ideologies, suppressed freedoms, and authoritarianism. Thus, a maqasidi approach takes juridical issues to a higher philosophical ground, and hence, overcomes (historical) differences over politics between Islamic schools of law, and encourages a much-needed culture of conciliation and peaceful coexistence. Moreover, the realization of purposes should be the core objective of all fundamental linguistic and rational methodologies of ijtihad, regardless of their various names and approaches. Thus, the validity of any ijtihad should be determined based on its level of achieving ‘purposefulness,’ or realizing maqasid al-shari’ah.
Author: Taha Jabir Al-Alwani Publisher: International Institute of Islamic Thought (IIIT) ISBN: Category : Hadith Languages : en Pages : 83
Book Description
For too long now, the Qur’an and the Sunnah, great sources of strength, purity, knowledge and inspiration for the Ummah, have not been adequately tapped. Skirting their peripheries or over-dwelling on one or two of their multifarious facets and tributaries has done a disservice to the immense potential of the fountainhead, while denying the Ummah- indeed the whole world- innumerable benefits from them. Now that the Ummah is becoming increasingly aware of its own problems as well as latent powers, and yearns to revive its leading role in the forging of history and cilization, the issue of drawing on the wellspring becomes more relevant and urgent. Revisiting these two sources is no longer a scholastic, academic, nostalgic, or escapist indulgence, but a great journey of discovery that promises untold rewards. Paradoxically, the journey through the resplendent pages of the Qur’an and the Sunnah to a time and place in the past should yield a more mature awareness of the dynamics of social and historical change and a human being’s role on earth, honing and sharpening the Muslims’ capacity to deal with the demands of the present moment and the challenges of the future. Suggestions for a new reading of the Qur’an and the Sunnah have been put forward from Islamic and other angles in the recent years. In this book Dr. Al-Alwani and Dr. Khalil, two well-known Muslim thinkers, contribute their views for a proper approach to these sources from within the Islamic framework.
Author: Mohammad Hashim Kamali Publisher: Simon and Schuster ISBN: 1780740379 Category : Law Languages : en Pages : 451
Book Description
A world expert's introduction to the controversial subject of Islamic law Providing a comprehensive and accessible examination of Shari’ah Law, this well considered introduction examines the sources, characteristic features, and schools of thought of a system often stereotyped for its severity in the West. In a progressive and graduated fashion, Mohammad Hashim Kamali discusses topics ranging from juristic disagreement to independent reasoning. Also broaching more advanced topics such as the principle of legality and the role and place of Shari’ah-oriented policy, Kamali controversially questions whether Islam is as much of a law-based religion as it has often been made out to be. Complete with a bibliography and glossary, and both a general index and an index of Arabic quotations, this wide-ranging exploration will prove an indispensable resource for Islamic students and scholars, and an informative guide to a complex topic for the general reader.
Author: Mohammad Hashim Kamali Publisher: International Institute of Islamic Thought (IIIT) ISBN: 1565645790 Category : Religion Languages : en Pages : 61
Book Description
This paper develops the idea of a maqasid-based framework for ijtihad and civilizational renewal (tajdid hadari), a broad and engaging prospect that also involves a review and reappraisal of the methodology of Islamic jurisprudence relating to both the maqasid and ijtihad. The author argues that this would enable Muslims to widen the scope and horizon of the maqasid or objectives of Islamic law from their currently legalistic leanings towards the wider perspective of civilisational renaissance. The nexus that needs to be developed between the maqasid and ijtihad also needs to be supported by a credible methodology, which is what the author has attempted in this paper.
Author: Mohammad Hashim Kamali Publisher: International Institute of Islamic Thought (IIIT) ISBN: 1565644948 Category : Religion Languages : en Pages : 60
Book Description
This paper develops the idea of a maqasid-based framework for ijtihad and civilizational renewal (tajdid hadari), a broad and engaging prospect that also involves a review and reappraisal of the methodology of Islamic jurisprudence relating to both the maqasid and ijtihad. The author argues that this would enable Muslims to widen the scope and horizon of the maqasid or objectives of Islamic law from their currently legalistic leanings towards the wider perspective of civilisational renaissance. The nexus that needs to be developed between the maqasid and ijtihad also needs to be supported by a credible methodology, which is what the author has attempted in this paper.
Author: Lyla Latif Publisher: Ethics International Press ISBN: 1804413313 Category : Business & Economics Languages : en Pages : 385
Book Description
Islamic Wealth Taxation and Financing Public Health is an eye-opening and thought-provoking book that boldly explores new possibilities for funding public health initiatives in countries where Islam isn't the predominant religion. In this case, Kenya serves as the focal point. Written by a Pan-African Muslim woman, this book is a must-read for anyone curious about innovative ways to improve public health without overburdening taxpayers. The author delves into the concept of zakat, an Islamic wealth tax, and investigates how it could be used as a source of revenue to boost public health in non-Islamic states like Kenya. By shedding light on the inner workings of the Kenyan legal system, the book highlights the importance of understanding local power dynamics, cultural and religious beliefs, and political structures when examining legal issues. It's a fascinating look at how different legal frameworks can come together to tackle complex challenges, which brings together insights from human rights law, Islamic law, and constitutional law, showcasing the potential for interdisciplinary collaboration in solving real-world problems. One of the reasons this book is so timely and important is its alignment with global development goals, such as the United Nations Sustainable Development Goals (SDGs), the African Union Agenda 2063, and National Development Plans. These initiatives all emphasise the need for countries to find new, local funding sources without overtaxing their citizens. Exploring zakat as a potential solution in Kenya is particularly interesting, given the country's influence in East Africa and the potential impact of such a development in the region.
Author: Ali Altaf Mian Publisher: International Institute of Islamic Thought (IIIT) ISBN: Category : Religion Languages : en Pages : 224
Book Description
The four articles, two review essays, various book reviews, and obituary contained in this issue all revolve around contestations of Islamic authority. Notably, two of these articles are drawn from the AJIS symposium on Maqāṣid whose first set of essays were featured in the previous issue (38:3-4) dedicated to the topic. In the first article, “Agents of Grace,” Ali Altaf Mian develops a sophisticated and nuanced reading of “intentionality” in the work of the moral theologian al-Ghazali. Mian reads the latter’s work to disclose ethical action as a site of contingency and ambivalence, indeed of the subject’s “non-sovereignty.” He contributes this theorization of intentionality as a constructive critique of accounts of ethical agency in the anthropology of Islam. In the second article, “No Scholars in the West,” Emily Goshey carefully unpacks the ostensible paradox by which Western Salafis who studied in the Muslim world are not seen as “scholars” by the very communities they lead. What then comprises religious authority and scholarship within these models of knowledge transmission? Goshey tracks the dynamics of scholarship and community leadership based on fieldwork with African American Salafi affiliate communities in Philadelphia. In the third article, “Maqāṣidi Models for an ‘Islamic’ Medical Ethics,” Aasim Padela presents a typology of maqāṣid-based approaches to medical ethics. Whether requiring a field-based redefinition, a conceptual extension, or a text-based postulation of the classical maqāṣid theory, however, Padela shows that these frameworks remain woefully underdeveloped to offer appropriate and sufficient guidance for pressing bedside cases. In the fourth article, “Developing an Ethic of Justice,” Thahir Jamal Kiliyamannil offers a creative rereading of new Muslim movements in South India. Rather than relying on old typologies about political Islam or secularized activists, he considers the Solidarity Youth Movement to articulate an Islamic ethic of justice inspired by Abul A’la Maududi. This case study shows not only how the maqāṣid framework may inform discourses well beyond the domains of legal practice, but also how this specific articulation of political justice is based in the praxis of the Indian Muslim minority. These four articles and the remaining elements of the issue foreground contemporary contestations of Islamic authority. Read together, they also offer a set of terms for thinking productively about its contours, limits, affordances, and possibilities.
Author: Taha Jabir Al-Alwani
Author: 
Author: Mohammad Hashim Kamali
Author: Jasser Auda
Author: Taha Jabir Al-Alwani
Author: Mohammad Hashim Kamali
Author: Mohammad Hashim Kamali
Author: Mohammad Hashim Kamali
Author: Lyla Latif
Author: Ali Altaf Mian