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Full Description
In Islamic law, maqasid--literally meaning goals, purposes, or objectives--signify the intent behind the rulings (ahkam) of shariah. When not explicitly mentioned in the Qur'an, hadith, or fiqh texts, maqasid can be identified through rational enquiry and interpretation. Important as they are, the maqasid have historically been marginalised in the fiqh literature. Scholars have maintained that a Muslim must follow the ahkam of shariah and not question the purposes behind them, and have therefore been reluctant to engage in the maqasid. Although some scholars from various schools of Islamic law wrote on the maqasid, the subject remained in the sidelines of usul al-fiqh until the 1980s, when maqasid commanded renewed scholarly attention and interest.
This volume offers a theoretical examination of maqasid as well as an analysis of its function in contemporary Islamic law, the first of its kind available in the English language. Mohammad Hashim Kamali, one of the most influential scholars of Islamic law living today, first explores the concept, history of development, methods of identification, and methodological aspects of the maqasid, before turning to a discussion of the application of maqasid to matters of contemporary significance. An exhaustive examination of the dynamic history and contemporary uses of maqasid, Goals and Purposes of Shariah is essential reading for anyone interested in current debates in Islamic law.
Contents
Introduction
Part One: Theory of Maqasid
Introductory Remarks
1. Definition and Meaning
2. History of Maqasid
3. Identification of Maqasid in the Revealed Sources
4. Ranks and Prioritise of Maqasid
5. Rational Sources of Maqasid
6. Classification and Types of Maqasid
7. Goals and Means -- Maqasid and Wasa'il
8. Widening the Scope of Maqasid
9. Approaches to Maqasid: Reductionist, Expansionist, Moderate
10. Maqasid and Fiqh al-Waqi' (Jurisprudence of Reality)
11. Maqasid, Usul al-Fiqh and Ijtihad
12. Ijtihad Maqasidi
13 Maqasid and Legal Maxims
Conclusion and Recommendations to Part One
Part Two: Applications
Introductory Remarks
14. Maqasid and Human Capital development
15. Maqasid and Compassion (Rahmah)
16. Maqasid and Justice ('Adl)
17. Maqasid and Ethics (Adab, Akhlaq, and Mu'amalah)
18. Maqasid and Wasatiyyah (Moderation)
19. Human Dignity (Karamah)
20. Conflict Resolution and Peace
21. Maqasid and Good Governance
22. Maqasid and Human Rights
23. Maqasid and Women's Rights
24. Maqasid and Rights of Minorities
25. Protection of the Environment
26. Maqasid and Science
27. Protection of Property (Hifz al-Mal)
28. Maqasid of Contracts and Transactions
29. Maqasid and Sustainable Development
Conclusion and Recommendations
