Goals and purposes of Shariah : theory and applications / Mohammad Hashim Kamali.

Format:

Book

Author/Creator:

Kamali, Mohammad Hashim, author.

Series:

Oxford scholarship online.

Oxford scholarship online

Language:

English

Subjects (All):

Maqāṣid (Islamic law).

Islam--Doctrines.

Islam.

Islamic law--Interpretation and construction.

Islamic law.

Physical Description:

1 online resource (373 pages)

Edition:

1st ed.

Place of Publication:

New York, NY : Oxford University Press, [2025]

Summary:

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.

Contents:

Cover

Half Title

Title Page

Copyright Page

Contents

Introduction

Meaning and Definition of Maqasid

Part One Theory of Maqasid

Introductory Remarks

1 Meaning and Definition of Maqasid

Terminologies: 'Illah, Hikmah, Maslahah, and Maqsad Distinguished

Conditions of Validity of Maqasid

2 History of Maqasid

Revival of Maqasid since the 1980s

3 Identification of Maqasid in the Revealed Sources

Maqasid in the Qur'an

Maqasid in the Sunnah

4 Ranks and Priorities of Maqasid

5 Rational Sources of Maqasid

Inductive Reasoning (al-Istiqra') as Identifier of Maqasid

Innate Human Nature (Fitrah)

6 Classifications of Maqasid

Essential Purposes (Daruriyyat)

Complementary Maqasid (Hajiyyat)

Embellishments (Tahsiniyyat)

General and Particular Purposes (Maqasid 'Ammah wa Maqasid Khassah)

Maqasid of Lawgiver and Maqasid of Mukallaf

Primary and Secondary Purposes

Definitive Maqasid (Qat'iyyah) and Speculative (Zanniyyah) Purposes

7 Goals and Means (Maqasid wa Wasa'il) of Shariah

8 Widening the Scope of Maqasid

Issues in Widening the Scope of Maqasid

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

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

11 Maqasid, Usul al-Fiqh, and Ijtihad

Maqasid and Usul al-Fiqh

Maqasid and Ijtihad

Role of Maqasid in Conflict of Evidence

12 Ijtihad Maqasidi

Case Studies of Ijtihad Maqasidi

Concluding Remarks

13 Legal Maxims on Maqasid

Conclusion and Recommendations to Part One

Part Two Applications of Maqasid

14 Human Capital Development

Human Capital Development in Islam

15 Maqasid and Rahmah (Compassion and Kindness)

Rahmah in the Qur'an

Malaysia: A Case Study

Rahmah in the Sunnah

Conclusion.

16 Maqasid and Justice (‛Adl)

Meaning and Definition

The Qur'anic Conception of Impartial Justice

The Islamic Judiciary

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

Salient Moral Teachings of Islam

Is There a Crisis of Values?

Ethics in Business Relations and Contracts

Conclusion and Recommendations

18 Maqasid and Wasatiyyah (Moderation)

19 Maqasid and Human Dignity

Textual Evidence

God-Human Relationship

Relations among Fellow Humans

Juristic Positions

20 Maqasid and Peace

Peace in the Qur'an

Peace in the Sunnah

Peace-Making (Sulh)

Peace with the Rebels (Bughat)

Tahkim (Arbitration)

Truce (also Ceasefire-al-hudna)

Amnesty/Forgiveness

21 Maqasid and Good Governance

Good Governance: What It Stands For

Constitutionalism and Democracy Distinguished

Islamic Constitutional Law: An Overview of the Discipline

Islamic Government: Characteristic Features

Government as a Trust (Amanat al-Hukm)

Limited Government

Theocratic or Civilian?

Whether a Qualified Democracy?

22 Maqasid and Human Rights

Islamic Government and Human Rights

Shariah and the Universal Declaration of Human Rights

Personal Freedom: An Overview of the Sources

Freedom of Religion

23 Maqasid and Women's Rights

The Qur'anic Outlook: An Overview

24 Maqasid and the Rights of Minorities

Serving in Western Military Fighting the Muslims

Remaining Married to a Non-Muslim Husband

Inheritance from Non-Muslims

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

Tawhid (Divine Oneness) and Worship ('Ibadah)

Vicegerency (Khilafah)

Trust (Amanah)

Building the Earth (I'mar al-Ard, also 'Umran)

Keeping the Balance (al-Mizan).

Beauty and Cleanliness (Jamal and Taharah)

Corrupting the Earth (Fasad fi 'l-Ard)

Extravagance and Waste (Israf, Tabdhir)

Infliction of Harm

26 Maqasid and Science

27 Protection of Wealth (Hifz al-Mal)

Currency and Circulation (rawaj)

Clarity (wuduh)

Stability (thubat)

Justice ('adl)

Growth (tanmiyah)

28 Maqasid of Contracts and Transactions

Motive and Purpose (ba'ith and maqsad) Distinguished

Conclusion

29 Maqasid and Sustainable Development

Definition and History

Islam and Development

Social Justice

Resource Limitations

Continuity and Change in Basic Values

Sustainable Development Institutions

Accountability (Muhasabah)

General Conclusion

Appendix I Whether Iran Is a Theocracy!

Appendix II Islam and Democracy in Malaysia: A Survey Report

Grassroots Experiences

Bibliography

Index.

Notes:

Includes bibliographical references and index.

Description based on online resource and publisher information; title from PDF title page (viewed on July 30, 2025).

ISBN:

0-19-778639-1

0-19-778637-5

0-19-778638-3

9780197786376

OCLC:

1543213059