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Understanding Maqasid al-Shari’ah

A Contemporary Perspective

Dr. Musafir bin Ali al-Qahtani's work contributes to the ever growing body of scholarly literature in the field of maqasid al-Shari'ah (higher objectives of Islamic law). Understanding Maqasidal-Shari’ah calls for the development of a juridicial sense that is finely tuned to the higher objectives and purposes of Islamic rulings, the aims of which are the formulation of a new methodology in understanding the revealed texts and the reform of Muslim thought and its application. The author draws attention to the importance of understanding various levels of maqasid, including distinguishing between primary aims (al-maqasid al-asliyyah) and secondary aims (al-maqasid al-tabi'ah). Al-Qahtani asserts that a positive understanding of the objectives of the Shari'ah should produce affirming human and cultural developments in Muslim societies. The real strength of this work, however, is in the author's application of higher objectives and aims to different areas of jurisprudence, such as in deriving and issuing religious rulings (ifta'). and to important social issues and problems present in Muslim societies, such as extremism, jihad, commanding right and forbidding wrong, social change, crisis of Muslim thought, countering religious excessiveness, the need for recreation and leisure, citizenship and nation-belonging, spreading beauty and harmony in Islam, and the role of Muslim women in society.

160-162; Al-Amidi, Al-Ihkām, vol. 3, pp. 300-301; Ibn Ashur, Maqāšid al-Shari'ah
al-Islāmiyyah, p. 79; Muhammad Said Ramadan al-Buti, Dawäbit al-Maslahah fi
al-Shari`ah alIslāmiyyah, 6th edn, (Mu'assasat al-Risalah, 1413 AH/1992 CE), pp
 ...

Approaching the Sunnah

Comprehension & Controversy

The Sunnah still provides the stable moral framework – the grammar – that enables Muslims, by formal rules and inward sense, to know right from wrong. However, separation from the mainstream of life puts the Sunnah in danger of becoming rigid – an archaism. Addressing that danger, this book explains how the Sunnah can function as the grammar of a living, adaptive language, capable of guiding (and not shying from) the mainstream. The first chapter sets out the qualities that characterize authentic application of the Sunnah: universality, coherence (so that different spheres of human responsibility are not split), compassionate realism, moderation, and humility. The second explains standards and procedures for determining the Sunnah in the fields of jurisprudence and moral instruction. The third chapter illustrates through detailed examples common errors in understanding the Sunnah – reading hadiths singly without sufficient context, confusing legal and moral injunctions, means and ends, figurative and literal meanings…–and it proposes remedies for these errors.

Addressing that danger, this book explains how the Sunnah can function as the grammar of a living, adaptive language, capable of guiding (and not shying from) the mainstream.

Maqasid Al-Shari’ah, Ijtihad and Civilization Renewal

(Occassional Paper)

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.

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 ...

Contribution of Islamic Thought to Modern Economics

Proceedings of the Economics Seminar Held Jointly by Al Azhar University and the International Institute of Islamic Thought, Cairo, 1988/1409

Muslim countries are facing serious problems in managing their economic life. Their inherited colonial ways of achieving economic aims are in basic contradiction to certain aspects of Islamic values and intended economic goals. Thus, it is imperative for Muslim countries endeavoring to escape underdevelopment and social injustice to turn to Islamic teaching and the Islamic way of harnessing human potentials to improve economic conditions and ascertain the necessary requirement for effective economic development.Islamic economics, as developed by Muslim jurists and social scientists (fuqaha'), needs to be recast in modern terms and developed further to deal with complex realities of the modern society. This book is one step on the long march to Islamizing the science of economics. It contains a selection of papers from the proceedings of the economic conference held in Cairo in 1988. These papers are a valuable contribution to the cause of modernizing Islamic economics.

Third, they must be enabled, through help in acquiring better inputs, appropriate
technology, effective marketing techniques, and other extension services to
compete in terms of both quality and price with the products of large scale
industries ...

Ijtihad and Renewal

In the early centuries of Islam the response of Muslims to problem-solving the various issues and challenges that faced their rapidly expanding community was to use intelligence and independent reasoning based on the Qur’an and Sunnah to address them. This practice is known as ijtihad. As the centuries wore on however the gates of ijtihad were generally closed in favor of following existing rulings developed by scholars by way of analogy. And as reason and intellect, now held captive to madhhabs (schools of thought) and earlier scholarly opinion stagnated, so did the Muslim world. Ijtihad and Renewal is an analysis of ijtihad and the role it can play for a positive Muslim revival in the modern world, a revival based on society-wide economic and educational reform and development. It makes the case that the grafting of solutions rooted in the past onto the complex and unique realities of our own age, in a one-size-fits-all perspective, has paralysed the vitality of Muslim thought, and confused its sense of direction, and that to revive the Muslim world from its centuries of decline and slumber we need to revive the practice of ijtihad. Focusing attention on thinking through solutions for ourselves based on our own times and context, using the Qur’an and Sunnah, as well as the wisdom and experience of the past distilled from these, as tools in this endeavor whilst not the only solution, is certainly a viable and powerful one.

Ijtihad and Renewal is an analysis of ijtihad and the role it can play for a positive Muslim revival in the modern world, a revival based on society-wide economic and educational reform and development.

Towards a Fiqh for Minorities

Some Basic Reflections

Towards a Fiqh for Minorities is an important subject and a much needed contribution to an area of fiqh that has become essential for the wellbeing and development of Muslim communities living in the West. The author stresses that the problems of Muslim minorities can only be tackled with a fresh juristic vision based on the principles, objectives and higher values of the Qur’an in conjunction with the ultimate aims and intents (maqasid) of the Shariah. In essence Dr. Al-Alwani’s paper is a call for Muslim minorities to have a sense of themselves as citizens and develop a positive, confident view of their place and value in society, moving away from notions of immigrant status and governed by a humanistic vision focusing on the betterment of society.

Al-Māwardī says: “If a Muslim is able to practice his religion openly in a non-
Muslim land, that land becomes dār al-Islām by virtue of his settling there. Settling
in such a country is preferable to moving away from it as other people would be
likely to convert to Islam.” Imam Fakhr al-Dīn al-Rāzī was notably correct in
citing al-Shāshī's views and taking them as a basis for introducing an excellent
alternative to the classification of lands. Instead of dār al-harb, he describes the
whole ...

Mapping the Secular Mind

Modernity’s Quest for A Godless Utopia

The secular mind had a grand plan, to establish an earthly paradise, a utopia of the here and now, a modern civilization governed by human reason, rationality, and the triumph of progress. Whilst ideals are one thing, the means to realize them is something else. Away from the hype, emancipating humanity from the ‘shackles’ of God and religion has proved no easy matter. Mapping the Secular Mind critically examines issues of reason, rationality, and secular materialism, to explore how these mental perceptions, or ways of mapping the world, have affected human interaction and sociological development.

Mapping the Secular Mind critically examines issues of reason, rationality, and secular materialism, to explore how these mental perceptions, or ways of mapping the world, have affected human interaction and sociological development.