The higher purposes, or maqasid of shariah are applied and actualized (taf'il) through their means (wasa'il). This paper begins with the definition and meaning of maqasid and proceed to ascertain three discernible tendencies regarding their scope: reductionist, expansionist, and the moderate approach of wasatiyyah/i'tidal. It addresses the question as to whether the maqasid may be recognised as a proof or source of shariah in its own right. Can one, in other words, extract a ruling (hukm) of shariah directly from the maqasid, or should one always follow the usual al-fiqh approach? Responding to these questions would help the reader to…

In Crime and Punishment in Islamic Law: A Fresh Interpretation, Mohammad Hashim Kamali considers problems associated with and proposals for reform of the hudud punishments prescribed by Islamic criminal law, and other topics related to crime and punishment in Shariah. He examines what the Qur'an and hadith say about hudud punishments, as well as just retaliation (qisas), and discretionary punishments (ta'zir), and looks at modern-day applications of Islamic criminal law in 15 Muslim countries. Particular attention is given to developments in Malaysia, a multi-religious society, federal state, and self-described democracy, where a lively debate about hudud has been on-going for…

The Quran does not mention any plague (ta'un) by name, but makes references to destructions of bygone people, adding also that calamities occur only within God's all-embracing knowledge (57:22; 64:11). Ta'un is the subject, however, of many hadiths in al-Bukhari and Muslim, including: "If you hear of the outbreak of ta'un in a land, do not enter it; but if it breaks out in a place while you are in it, do not leave that place. "When ta'un has struck, any faithful who stays patiently at home while knowing that nothing befalls him that God has not pre-ordained – earns…

It may be said at the outset that in discussing haj related issues, one runs the risk of touching on public sensitivities as haj is part of the devotional aspects (‘ibadat) of Islam and not as open to rational enquiry in the same way as are matters of concern to civil transactions (mu‘amalat). That said, raising questions over haj management matters tangential to the substance of worship should not be a problem. Islam does not even preclude religious matters from rational investigation in the spirit of healthy renewal and reform (tajdid). Earlier precedent confirms this when, for instance, caliph Umar al-Khattab…

The information on Shariah provided in this paper is organized in 52 pages and eight sections, all in question and answer format, and is reflective of the classical Shariah positions and how they are applied or feature in the present-day Muslim countries. Some of the areas where modern reforms and Islamic revivalism of the latter part of twentieth century might have introduced changes are also mentioned. Each section features a number of questions of general interest, some topical and others informative of the state of the art. The purpose is not to provide exhaustive details on any of the themes…