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The Reconciliation of the Fundamentals of Islamic Law or Al-Muwafaqat fi Usul al-Shari'a, written by Ibrahim ibn Musa Abu Ishaq al-Shatibi, is an innovation in Islamic jurisprudence, for it was for the first time that the objectives of shari'a were addressed, as they are in this book.
First published in 1884 in Tunis, The Reconciliation of the Fundamentals of Islamic Law was an innovation in Islamic jurisprudence.
This anthology brings the key writings on translation in Arabic in the pre-modern era, extending from the earliest times (sixth century CE) until the end of World War I, to a global English-speaking audience. The texts are arranged chronologically and organized by two historical periods: the Classical Period, and the Nahda Period. Each text is preceded by an introduction about the selected text and author, placing the work in context, and discussing its significance. The texts are complemented with a theoretical commentary, discussing the significance for the contemporary period and modern theory. A general introduction covers the historical context, main trends, research interests, and main findings and conclusions. The two appendices provide statistical data of the corpus on which the anthology is based, more than 500 texts of varying lengths extending throughout the entire period of study. This collection contributes to the development of a more inclusive and global history of translation and interpreting. Translated, edited, and analyzed by leading scholars, this anthology is an invaluable resource for researchers, students, and translators interested in translation studies, Arab/Islamic history, and Arabic language and literature, as well as Islamic theology, linguistics, and the history of science. The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons (CC-BY-NC-ND) 4.0 license.
Shaikh Muhammad al-Tahir ibn Ashur is the most renowned Zaytuna Imam and one of the great Islamic scholars of the 20th century. The publication of this translation of Shaikh Ibn Ashur’s Treatise on Maqasid al-Shari’ah is a breakthrough in studies on Islamic law in the English language. In this book, Ibn Ashur proposed Maqasid as a methodology for the renewal of the theory of Islamic law, which has not undergone any serious development since the era of the great imams. Ibn Ashur – quite courageously – also addressed the sensitive topic of the intents/Maqasid of Prophet Muhammad (SAAS) behind his actions and decisions. He introduced criteria to differentiate between the Prophetic traditions that were meant to be part of 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, and conflict resolution. But Ibn Ashur’s most significant contribution in this book has been the development of new Maqasid by coining new, contemporary, terminology that were never formulated in traditional usul al-fiqh. For example, Ibn Ashur developed the theory of the ‘preservation of lineage’ into ‘the preservation of the family system’, the ‘protection of true belief’ into ‘freedom of beliefs’, etc. He also introduced the concepts of ‘orderliness’, ‘natural disposition’, ‘freedom’, ‘rights’, ‘civility’, and ‘equality’ as Maqasid in their own right, and upon which the whole Islamic law is based. This development opens great opportunities for Islamic law to address current and real challenges for Muslim societies and Muslim minorities.
With the end of the early Islamic period, Muslim scholars came to sense that a rift had begun to emerge between the teachings and principles of Islam and Muslims’ daily reality and practices. The most important means by which scholars sought to restore the intimate contact between Muslims and the Qur’an was to study the objectives of Islam, the causes behind Islamic legal rulings and the intentions and goals underlying the Shari'ah, or Islamic Law. They made it clear that every legal ruling in Islam has a function which it performs, an aim which it realizes, a cause, be it explicit or implicit, and an intention which it seeks to fulfill, and all of this in order to realize benefit to human beings or to ward off harm or corruption. They showed how these intentions, and higher objectives might at times be contained explicitly in the texts of the Qur’an and the Sunnah, while at other times, scholars might bring them to light by means of independent reasoning based on their understanding of the Qur’an and the Sunnah within a framework of time and space. This book represents a pioneering contribution presenting a comprehensive theory of the objectives of Islamic law in its various aspects, as well as a painstaking study of objectives-based thought as pioneered by the father of objectives-based jurisprudence, Imam Abu Ishaq al-Shatibi; in addition, the author presents us with an important study of al-Shatibi himself which offers a wealth of new, beneficial information about the life, thought and method of this venerable man.
The study of Islamic law can be a forbidding prospect for those entering the field for the first time. Wael Hallaq, a leading scholar and practitioner of Islamic law, guides students through the intricacies of the subject in this absorbing introduction. The first half of the book is devoted to a discussion of Islamic law in its pre-modern natural habitat. The second part explains how the law was transformed and ultimately dismantled during the colonial period. In the final chapters, the author charts recent developments and the struggles of the Islamists to negotiate changes which have seen the law emerge as a primarily textual entity focused on fixed punishments and ritual requirements. The book, which includes a chronology, a glossary of key terms, and lists of further reading, will be the first stop for those who wish to understand the fundamentals of Islamic law, its practices and history.
Kitab Al I'tisam seems to have been written by Al Shatibi "May Allah (swt) have mercy on him" for his disciples and the scholars and students of knowledge, rather than for the laymen and commoners among the people. He underwent great difficulties to achieve this glorious task. The book is indeed a scientific encyclopedia, which includes a lot of benefits and unique issues, which make its holder and carrier dispense with anything else, in residence as well as on journey. He prefaced the book with a wonderful and concentrated introduction, in which he talked about the alienation of Islam, and the emergence and spread of the religious innovations, which motivated him to write his book, in the hope it would benefit the Muslims in the world and the hereafter. He divided the book into ten section, each including many chapters as required by content and in-depth explanation of the issues: 1. Definition and meaning of religious innovation 2. Condemnatino of religious innovation, and the evil consequences of its men; 3. Condemantion of religious innovations in general, and all changes made in the religion, in which he discussed the malicious allegations of the religious innovators and those of scholars who regard good or bad the religious innovations. 4. The appraoches of religious innovators in attestation; 5. The real and additional religious innovations, and the difference between them; 6. The rulings of the religious innovations, which are not of the same rank; 7. The innovation, whether it pertains to the acts of worship in particular, or includes also the normal habits; 8. The difference between the benefits which were not specifically addressed with Islamic text, and the appreciation; 9. The reason for which the sects of religious innovators broke away from the established community of the Muslims; 10. The straight path from which the religious innovators deviated
Does Islamic law define Islamic ethics? Or is the law a branch of a broader ethical system? Or is it but one of several independent moral discourses, Islamic and otherwise, competing for Muslims’ allegiance? The essays in this book present a range of answers: some take fiqh as the defining framework for ethics, others insert the law into a broader ethical system, and others present it as just one among several parallel Islamic ethical discourses, or show how Islamic ethics might coexist with non-Muslim normative systems. Their answers have far reaching implications for epistemology, for the authority of jurists and lay Muslims, for the practical moral challenges of daily life, and for relationships with non-Muslims. The book presents Muslim ethicists with a strategic contemporary choice: should they pursue a single overarching methodology for judging all ethical questions, or should they relish the rhetorical and political competition of alternative but not necessarily incompatible moral discourses?
A comprehensive and fully up-to-date introductory textbook to Islamic finance and banking Islamic finance and banking is being used increasingly globally — especially in the regions of Middle East and North Africa, South East and South Asia. To cater to the need of trained Islamic finance staff, a large number of Educational institutions are beginning to offer courses, majors and minors in Islamic finance and banking. The major challenge faced by these institutions are suitable textbooks for both undergrad and post-grad levels and especially with the relevant instructor resources (PPTs, test bank, practice activities and answer keys). Luckily, Fundamentals of Islamic Finance and Banking is here to cover the most important topics related to Islamic finance and banking (IF&B) that are relevant for students of business, finance and banking. Offers an historical background of Islamic finance Covers the principles of Sharia Law as pertinent to finance and banking Provides in-depth discussion of the six key Islamic banking products: Murabaha, Mudaraba, Musharaka, Ijara, Salam and Istisna Discusses the Islamic insurance (Takaful) Gives an overview of Islamic investment, especially Sukuks Concludes with the global standing of the Islamic Finance and Banking industry Would-be colleges and universities offering this subject as a course within their finance and/or banking program can’t be without this invaluable guide.
Kitab al-Amwal (The Book of Revenue) is the work of a brilliant legal mind. Abu Ubayd al-Qasim ibn Sallam provides us with an accurate record of legal precedents laid down in the first two centuries of Islam, in particular those pertaining to the sources of revenue and the avenues of public expenditure. The power of the book, however, lies in the method of the author and the analysis undertaken by him. He gathers together the traditions of the Prophet (pbuh), the opinions of his companions and the views of eminent jurists, and then subjects them to legal analysis that is unparalleled in Islamic legal literature. This book, now in paperback, is essential for every student of Islamic law, especially those who wish to master the art of interpreting and analyzing legal traditions and early precedents. In the discipline known as fiqh al-sunnah, there is no book or manual that can compete with this outstanding work.