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" Modernity and the General Philosophy of Islamic Law: (Maqāsid al-Shari'ah) "
Rifai, S.L.M.
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Latin Dissertation
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| Language of Document
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English
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| Record Number
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1051311
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| Doc. No
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TL50428
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| Main Entry
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Rifai, S.L.M.
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| Title & Author
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Modernity and the General Philosophy of Islamic Law: (Maqāsid al-Shari'ah)\ Rifai, S.L.M.
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| College
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University of London, University College and School of Oriental and African Studies (United Kingdom)
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| Date
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2019
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| Degree
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Ph.D.
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2019
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| Note
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349 p.
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| Abstract
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Literally, the term Maqāsid al-Shari'ah has been translated as objectives of Islamic law by many Islamic scholars and yet, this term has been technically and theoretically used as a new legal doctrine in Islamic legal studies. This term has been used in a wider meaning with new implications. It has been named as a general philosophy of Islamic law and has evolved as an independent Islamic branch of legal science in Islamic legal studies. The subject matter of the Islamic legal philosophy of law (Maqāsid al-Shari'ah) has been more vigorously debated and discussed today than ever before in the legal history of Islamic law. In recent times, a genre of literature on the legal philosophy of Islamic law has dramatically increased. Islamic conferences, talks and seminars are frequently held in many parts of the Muslim world on the theme of Islamic legal philosophy. Unlike traditional methods of learning Islamic law in the past, present Muslim students of Islamic law have begun to read Islamic law, focusing on the subject matter of Islamic legal philosophy. Traditionally, the legal philosophy of Islamic law (Maqāsid al-Shari'ah) is regarded as a part of Islamic legal studies. Primarily, it was developed to understand and appreciate the rationale of Islamic law. Initially, this aspect of Islamic legal study has been only a branch of traditional studies in the legal theories of Islamic jurisprudence. (Usul al-fiqh). However, today, this branch of study in Islamic law has grown dramatically. It has become a fully-fledged branch of Islamic science. Islamic centres and Islamic universities have begun to teach Islamic legal philosophy as one of their core subjects in Islamic studies. But, most of the writing on Islamic legal philosophy has been theoretical and historical. Most these works on the legal philosophy are repetitive and are copied from one generation to another generation. Traditionally, it is assumed that Islamic legal philosophy is a subject that deals purely with some aspects of Islamic laws: namely the laws of Islamic rituals, Islamic forms of worships, Islamic punishment laws, Islamic laws of marriage and divorce, Islamic laws of inheritance and endorsement, or Islamic laws of business transactions. Yet, today an attempt has been made to relate Islamic legal philosophy to all aspects of life in the Muslim community.
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| Descriptor
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Canon law
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Islam
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Islamic law
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Religion
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University of London, University College and School of Oriental and African Studies (United Kingdom)
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