Siyasah Shar’iyyah is the nearest equivalent of public policy, with one difference perhaps, which is that the Islamic notion of publicy policy is closely tied to the Shariah, and more specifically to the goals and purposes, or Maqasid of Shariah. This paper begins with an introductory note on the contemporary understanding of public policy in its Western context, and then provides an overview of the two main areas of our concern: siyasah and maqasid. The rest of this paper engages in identifying the synergies between the two disciplines, and in this regard looks more specifically at al-Qaradawi’s work on how siyasah shar’iyyah can be guided by the guidelines of maqasid al-shari’ah............. Download the full article in pdf attachment (below)
Islamic legal theory (usūl al-fiqh) is literally regarded as ‘the roots of the law’ whilst Islamic jurists consider it to be the basis of Islamic jurisprudence and thus an essential aspect of Islamic law. This volume addresses the sources, methods and principles of Islamic law leading to an appreciation of the skills of independent juristic and legal reasoning necessary for deriving specific rulings from the established sources of the law. The articles engage critically with relevant traditional views to enable a diagnostic understanding of the different issues, covering both Sunnī and Shī‘ī perspectives on some of the issues for comparison. The volume features an introductory overview of the subject as well as a comprehensive bibliography to aid further research. Islamic legal theory is a complex subject which challenges the ingenuity of any expert and therefore special care has been taken to select articles for their clarity as well as their quality, variety and critique to ensure an in-depth, engaging and easy understanding of what is normally a highly theoretical subject.
Professor Mohammad Hashim Kamali is one of the contributors to this volume.
For more information please refer to the publisher's website; http://www.ashgate.com/isbn/9780754628781
The paper develops the idea of a maqasid-based framework for ijtihad and civilisational 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 aslo needs to be supported by a credible methodology, which is what the author has attempted in this paper.
By Mohammad Hashim Kamali
Literally, Shariah means the path to the watering place, the clear path to be followed and the path which the believer has to tread in order to obtain guidance in this world and deliverance in the next. In its common usage, Shariah refers to commands, prohibitions, guidance and principles that God has addressed to mankind pertaining to their conduct in this world and salvation in the next.
The Islamic Quarterly, Vol XXXIII, (1989), pp 215-236.
It is due to their relevance to real-life issues of vital concern to people welfare that the maqasid (goals and purposes of Shariah) have become the focus of attention in recent decades, as it is attested by numerous scholarly works, books and conferences that have concentrated on developing the important, yet somewhat neglected, chapter of Shariah.
in ed Kari Vogt etal., New Directions in Islamic Thought – Exploring Reform and Muslim Tradition, I B Tauris, London, (2009), pp 23-46.
Maqasid al-Shariah: The Objectives of Islamic Law, Islamic Studies, 38 (1999), 193-209.
M H Kamali. “Maqasid al-Shariʿah Make Simple” (London, Washington), London & Washington. The International Institute of Islamic Thought, Occasional paper Series 13, August 2008.
The paper focuses on a general characterisation of maqasid al-shariah and its origins in the Quran: the classification of maqasid; historical developments and the contributions of some of the leading ulama to the theory of maqasid; the differential approaches the ulama have taken toward the identification of maqasid; and finally the relevance of maqasid to ijtihad adn the ways in which maqasid can enhace the scope and caliber of ijtihad.
Occasional Paper Series 13
London & Washington: The International Institute of Islamic Thought, 2008. pp. 26