Goals and Purposes of Shariah

Maqasid in Theory and Practice
Erscheinungsjahr 2025
ISBN: 978-0-19-778636-9
Verlag: Oxford University Press

Buch, Englisch, 376 Seiten, Format (B × H): 167 mm x 244 mm, Gewicht: 699 g

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 on 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.

Autoren/Hrsg.

Kamali, Mohammad Hashim

Inhaltsverzeichnis

- Introduction

- Part One. Theory of Maqasid

- Chapter 1: Meaning and Definition of Maqasid

- Chapter 2: History of Maqasid

- Chapter 3: Identification of Maqasid in the Revealed Sources

- Chapter 4: Ranks and Priorities of Maqasid

- Chapter 5: Rational Sources of Maqasid

- Chapter 6: Classifications of Maqasid

- Chapter 7: Goals andMeans (Maqasid wa Wasa'il) of Shariah

- Chapter 8: Widening the Scope of Maqasid

- Chapter 9: Approaches to Maqasid: Reductionist, Expansionist, and Moderate-Tafrit, Ifrat, I'tidal

- Chapter 10: Maqasid and Fiqh al-Waqi' (Jurisprudence of Reality)

- Chapter 11: Maqasid, Usul al-Fiqh, and Ijtihad

- Chapter 12: Ijtihad Maqasidi

- Chapter 13: Legal Maxims on Maqasid

- Part Two. Applications of Maqasid

- Chapter 14: Human Capital Development

- Chapter 15: Maqasid and Rahmah (Compassion and Kindness)

- Chapter 16: Maqasid and Justice (<:Adl)

- Chapter 17: Maqasid and Ethics (Adab, Akhlaq, Mu'amalah)

- Chapter 18: Maqasid and Wasatiyyah (Moderation)

- Chapter 19: Maqasid and Human Dignity

- Chapter 20: Maqasid and Peace

- Chapter 21: Maqasid and Good Governance

- Chapter 22: Maqasid and Human Rights

- Chapter 23: Maqasid and Women's Rights

- Chapter 24: Maqasid and the Rights of Minorities

- Chapter 25: Maqasid and Protection of the Environment (Hifz al-Bi'ah)

- Chapter 26: Maqasid and Science

- Chapter 27: Protection of Wealth (Hifz al-Mal)

- Chapter 28: Maqasid of Contracts and Transactions

- Chapter 29: Maqasid and Sustainable Development

- General Conclusion

- Appendix I: Whether Iran Is a Theocracy!

- Appendix II: Islam and Democracy in Malaysia: A Survey Report

Über Autor(innen)

Mohammad Hashim Kamali was the Founding CEO of the International Institute of Advanced Islamic Studies in Malaysia, and Professor of Islamic Law and Jurisprudence at the International Islamic University Malaysia. He is one of the most important legal scholars of his generation and has published more than 20 books, including Shariah and the Halal Industry (OUP, 2021) and Crime and Punishment in Islamic Law (OUP, 2019).