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Objectives of Islamic Law: The Promises and Challenges of the Maqasid al-Shari'a [Kõva köide]

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  • Formaat: Hardback, 312 pages, kõrgus x laius x paksus: 240x156x29 mm, kaal: 653 g, 1 Graphs
  • Ilmumisaeg: 23-Feb-2018
  • Kirjastus: Lexington Books
  • ISBN-10: 1498549934
  • ISBN-13: 9781498549936
Teised raamatud teemal:
  • Formaat: Hardback, 312 pages, kõrgus x laius x paksus: 240x156x29 mm, kaal: 653 g, 1 Graphs
  • Ilmumisaeg: 23-Feb-2018
  • Kirjastus: Lexington Books
  • ISBN-10: 1498549934
  • ISBN-13: 9781498549936
Teised raamatud teemal:
Scholars, thinkers, and activists around the world are paying increasing attention to a legal reform method that promises to revolutionize the way people think about Islamic law. Known as The Objectives of the Shara (maqid al-shara), the theory offers a way to derive and apply new Islamic laws using an ancient methodology. The theory identifies core objectives that underlie Islamic law, and then looks at inherited Islamic laws to see whether they meet those objectives. According to the maqid theory, historical Islamic laws that meet their objectives should be retained, and those that do notno matter how entrenched in practice or embedded in textsshould be discarded or reformed. Recently, several scholars have questioned the maqid theory, arguing that it is designed not to reform laws, but to support existing power structures. They warn that adopting the maqid wholesale would set the reform project back, ensuring that inherited Islamic laws are never fully reformed to agree with contemporary values like gender-egalitarianism and universal human rights. The Objectives of Islamic Law: The Promises and Challenges of the Maqid al-Shara captures the ongoing debate between proponents and skeptics of the maqid theory. It raises some of the most important issues in Islamic legal debates today, and lays out visions for the future of Islamic law.

Arvustused

The Objectives of Islamic Law is an excellent collection of essays on the increasingly popular subject of maqasid al-shariah, including several that are written by world-renowned experts in the field. With its multi-perspectival and fresh treatments of many maqasid-related themes, this book is highly recommended reading, especially for those interested in deepening their understanding of an alternative viewthe maqasid approachof the meaning, place, and role of the Sharia in contemporary Islam that now has growing appeal among its intellectual circles. -- Osman Bakar, Universiti Brunei Darussalam The Objectives of Islamic Law is a much welcomed and indispensable source for the academic study of maqid al-shara. -- Lena Larsen, University of Oslo This is an excellent volume on the important subject of maqasid al-shari'ah, featuring contributions from leading experts on the subject. This volume certainly makes a significant contribution to the discourse on the evolution of Islamic law and I recommend it highly. -- Mashood Baderin, Professor of Laws, SOAS, University of London

Editors' Introduction 1(4)
PART I PROMISES
5(150)
1 Goals and Purposes Maqasid al-Shari'ah: Methodological Perspectives
7(28)
Mohammad Hashim Kamali
2 Realizing Maqasid in the Shari'ah
35(22)
Jasser Auda
3 Freedom of Religion in the Age of Multi-Religious Societies with Special Reference to Maqasid al-Shari'ah
57(18)
Muhammad Khalid Masud
4 The Inviolability of Human Dignity: A Maqsidi Perspective
75(14)
Idris Nassery
5 Quran, Sunnah, Maqasid, and the Religious Other: The Ideas of Muhammad Shahrur
89(22)
Adis Duderija
6 Ibn 'Ashur's Interpretation of the Purposes of the Law (Maqasid al-Shari'a): An Islamic Modernist Approach to Legal Change
111(20)
Felicitas Opwis
7 Maqasid al-Shari'ah in Islamic Contracts: A Study of Current Practices of Islamic Finance in Light of Islamic Legal Maxims
131(24)
Younes Soualhi
PART II CHALLENGES
155(130)
8 Reason and Revelation: A Meaningful Contribution to Contemporary Ethical Debates in a Secular Context
157(18)
Muna Tatari
9 The Hermeneutical Approach of Shatibi on the Basis of the Maqasid Definition of Reason: Fundamental Issues of a Modern Reinterpretation
175(20)
Mohammed Nekroumi
10 The Challenge Facing Islamic Banking and Finance: Has It Moved Away From Its Core Objectives, With Special Reference to Maqasid?
195(18)
Habib Ahmed
11 The Relationship between Maqasid al-Shari'ah and Usul al-Fiqh
213(26)
Cefli Ademi
12 Which Comes First, the Maqasid or the Shari'a?
239(24)
Rumee Ahmed
13 How Objective Are the Objectives (Maqasid)! Examining Evolving Notions of the Shari'ah through the Lens of Lineage (Nasi)
263(8)
Ayesha S. Chaudhry
14 Maqasid al-Shari'ah as a Legitimization for the Muslim Minorities Law
271(14)
Mouez Khalfaoui
Epilogue 285(12)
Anver Emon
Index 297(6)
About the Contributors 303
Idris Nassery is postdoctoral fellow in the Institute of Islamic Theology at the University of Paderborn. Rumee Ahmed is associate dean of arts and associate professor of Islamic law at the University of British Columbia. Muna Tatari is assistant professor of Islamic systematic theology in the Institute of Islamic Theology at the University of Paderborn.