Oxford University Press Goals and Purposes of Shariah: Maqasid in Theory and Practice

In Islamic law, maqasid--literally meaning goals, purposes, or objectives--signify the intent behind the rulings (ahkam) of shariah. When not explicitly mentioned in the Qur'an, hadith, or fiqh texts, maqasid can be identified through rational enquiry and interpretation. Important as they are, the maqasid have historically been marginalised in the fiqh literature. Scholars have maintained that a Muslim must follow the ahkam of shariah and not question the purposes behind them, and have therefore been reluctant to engage in the maqasid. Although some scholars from various schools of Islamic law wrote on the maqasid, the subject remained on the sidelines of usul al-fiqh until the 1980s, when maqasid commanded renewed scholarly attention and interest. This volume offers a theoretical examination of maqasid as well as an analysis of its function in contemporary Islamic law, the first of its kind available in the English language. Mohammad Hashim Kamali, one of the most influential scholars of Islamic law living today, first explores the concept, history of development, methods of identification, and methodological aspects of the maqasid, before turning to a discussion of the application of maqasid to matters of contemporary significance. An exhaustive examination of the dynamic history and contemporary uses of maqasid, Goals and Purposes of Shariah is essential reading for anyone interested in current debates in Islamic law.