Treatise on Maqasid al-Shari'ah
Publisher: Islamic Book Trust
Published: 2006
Place of publication: Kuala Lumpur, Malaysia
Format: Paperback
Number of pages: 500
ISBN-13: 9789839154856
Description: This is the English translation of Shaykh Muhammad al-Tahir Ibn Ashur's (1879-1973) treatise on Maqasid al-Shari'ah. Ibn Ashur proposed Maqasid as the methodology for the renewal of the theory of the Islamic law, which has not undergone any serious development since the era of the great Imams. The author, one of twentieth century's great Islamic scholars and the most renowned Zaytuna Imam, also addressed the sensitive topic of the intents/Maqasid of Prophet Muhammad behind his actions and decisions. He introduced criteria to differentiate between the Prophetic traditions that were meant to be part of the Islamic law and the Prophetic actions/sayings that were meant to be for the sake of specific purposes such as political leadership, court judgment, friendly advice, conflict resolution, etc. Ibn Ashur's most significant contribution in this book has been the development of new Maqasid by coining new terminology that were never formulated in traditional jurisprudence.
Table of contents: title: Translator’s Note; title: Foreword; title: Muhammad al-Tahir ibn Ashur; title: Author’s Preface; title: PART II: ESTABLISHING MAQĀṢID AL-SHARI‘AH; title: 1. Prefatory Note; title: 2. The Jurist’s Need to Know Maqāṣid al-Shari‘ah; title: 3. Methods of Establishing Maqāṣid al-Shari‘ah; title: 4. Evaluation of the Predecessors’ Methods; title: 5. Insufficiency of the Literal Methodology without Knowledge of Higher Objectives; title: 6. The Prophet’s Intent of Legislation; title: 7. Certain and Probable Maqāṣid al-Shari‘ah; title: 8. Rationalised and Non-Rationalised Shari‘ah Injunctions; title: PART II: ON THE GENERAL OBJECTIVES OF ISLAMIC LEGISLATION; title: 9. The Determinant Characteristic of Maqāṣid al-Shari‘ah; title: 10. Grounding of Maqāṣid al-Shari‘ah on Fiṭrah; title: 11. Magnanimity of the Shari‘ah; title: 12. The General Objectives of Islamic Legislation; title: 13. The Meaning of Maṣlaḥah and Mafsadah; title: 14. The Pursuit of Maṣāliḥ in the Shari‘ah; title: 15. Categories of Maṣlaḥah Intended by Islamic Legislation; title: 16. Universality of the Islamic Shari‘ah; title: 17. Equality in the Shari‘ah; title: 18. Freedom in the Shari‘ah; title: 19. Alteration and Confirmation Objectives in the Shari‘ah; title: 20. Shari‘ah is About Essences and Real Attributes, Not Names and Forms; title: 21. Analogical Reasoning Based on Effective Causes and Medium and High Shari‘ah Objectives; title: 22. Manipulation to Make the Unlawful Appear Lawful; title: 23. Prohibition of Evasive Legal Means; title: 24. Precision and Determination in Islamic Legislation; title: 25. Rigor and Mercy in Enforcing and Observing Islamic Legislation; title: 26. Public and Individual License; title: 27. Wāzi‘: Its Meaning and Varieties; title: 28. The Merciful Nature of the Shari‘ah; title: 29. The Shari‘ah’s Aim in Avoiding Elaboration at the Time of Revelation; title: 30. The Shari‘ah’s Aim in Building a Solid and Stable Social Order; title: 31. The Necessity of Ijtihad; title: PART III: MAQĀṢID AL-SHARI‘AH – HUMAN DEALINGS; title: 32. Ends and Means in Transactions; title: 33. Specification of the Principles and Categories of Rights in the Shari‘ah; title: 34. Maqāṣid al-Shari‘ah: Family; title: 35. Maqāṣid al-Shari‘ah: Financial Transactions (I); title: 36. Maqāṣid al-Shari‘ah: Financial Transactions (II); title: 37. Maqāṣid al-Shari‘ah: Labor-Based Transactions; title: 38. Maqāṣid al-Shari‘ah: Gifts and Donations; title: 39. Maqāṣid al-Shari‘ah: Judgeship and Testimony; title: 40. Maqāṣid al-Shari‘ah: Penalties; title: Conclusion; title: Notes; title: Bibliography; title: Glossary of Terms; title: General Index