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The question of methodology in the science of Maqasid Al-Shari'ah (objectives of Islamic Law)

This research addresses two methodological problems that seem to hinder the development of the concept of human welfare (public interest) in Islamic debate on whether maqasid is a philosophy or a method. The research tries to argue that masaqid moved from philosophy to method in order to revitalize...

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Main Author: Soualhi, Younes
Format: Book Chapter
Language:English
Published: IIUM Institute of Islamic Banking and Finance, 2009
Subjects:
KBP1 Islamic law.Shariah.Fiqh
Online Access:http://irep.iium.edu.my/7340/3/The_Question_Maqasid.pdf
http://irep.iium.edu.my/7340/
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spelling my.iium.irep.73402011-11-23T11:41:41Z http://irep.iium.edu.my/7340/ The question of methodology in the science of Maqasid Al-Shari'ah (objectives of Islamic Law) Soualhi, Younes KBP1 Islamic law.Shariah.Fiqh This research addresses two methodological problems that seem to hinder the development of the concept of human welfare (public interest) in Islamic debate on whether maqasid is a philosophy or a method. The research tries to argue that masaqid moved from philosophy to method in order to revitalize the methods of inference in Islamic Jurisprudence. However, as the paper argues, the new position of maqasid as a method had little effect on Shatibi (d.14 century A.D) onwards. The latter's legal acumen is widely accredited with propounding a full-fledged theory on maqasid. In the second part of the research, we addressed the second problem which is the inadequancy featuring recent attempts by modern Muslim scholars and writers to formulate new concepts and present them as universal objectives of Islamic Jurisprudence. The research dealt critically with these new concepts, concluding that they have not been methodologically confirmed or proven as they are simply attributes of Islamic law but not necessarily the ultimate ends Shari'ah. IIUM Institute of Islamic Banking and Finance, Soualhi, Younes Mydin Meera, Ahamed Kameel 2009 Book Chapter REM application/pdf en http://irep.iium.edu.my/7340/3/The_Question_Maqasid.pdf Soualhi, Younes (2009) The question of methodology in the science of Maqasid Al-Shari'ah (objectives of Islamic Law). In: IIiBF Series in Islamic Banking and Finance: 1. IIUM Institute of Islamic Banking and Finance,, Kuala Lumpur, pp. 269-289. ISBN 9789834456801
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
language English
topic KBP1 Islamic law.Shariah.Fiqh
spellingShingle KBP1 Islamic law.Shariah.Fiqh
Soualhi, Younes
The question of methodology in the science of Maqasid Al-Shari'ah (objectives of Islamic Law)
description This research addresses two methodological problems that seem to hinder the development of the concept of human welfare (public interest) in Islamic debate on whether maqasid is a philosophy or a method. The research tries to argue that masaqid moved from philosophy to method in order to revitalize the methods of inference in Islamic Jurisprudence. However, as the paper argues, the new position of maqasid as a method had little effect on Shatibi (d.14 century A.D) onwards. The latter's legal acumen is widely accredited with propounding a full-fledged theory on maqasid. In the second part of the research, we addressed the second problem which is the inadequancy featuring recent attempts by modern Muslim scholars and writers to formulate new concepts and present them as universal objectives of Islamic Jurisprudence. The research dealt critically with these new concepts, concluding that they have not been methodologically confirmed or proven as they are simply attributes of Islamic law but not necessarily the ultimate ends Shari'ah.
author2 Soualhi, Younes
author_facet Soualhi, Younes
Soualhi, Younes
format Book Chapter
author Soualhi, Younes
author_sort Soualhi, Younes
title The question of methodology in the science of Maqasid Al-Shari'ah (objectives of Islamic Law)
title_short The question of methodology in the science of Maqasid Al-Shari'ah (objectives of Islamic Law)
title_full The question of methodology in the science of Maqasid Al-Shari'ah (objectives of Islamic Law)
title_fullStr The question of methodology in the science of Maqasid Al-Shari'ah (objectives of Islamic Law)
title_full_unstemmed The question of methodology in the science of Maqasid Al-Shari'ah (objectives of Islamic Law)
title_sort question of methodology in the science of maqasid al-shari'ah (objectives of islamic law)
publisher IIUM Institute of Islamic Banking and Finance,
publishDate 2009
url http://irep.iium.edu.my/7340/3/The_Question_Maqasid.pdf
http://irep.iium.edu.my/7340/
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score 13.211869

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