AN ASSESSMENT OF THE OBJECTIVES OF ISLAMIC LAW (MAQASID AL-SHARI’AH) IN THE PRESERVATION OF THE FIVE ESSENTIAL VALUES (NECESSITIES) (MAQASID AL-SHARI’AH
AN ASSESSMENT OF THE OBJECTIVES OF ISLAMIC LAW (MAQASID AL-SHARI’AH) IN THE PRESERVATION OF THE FIVE ESSENTIAL VALUES (NECESSITIES) (MAQASID AL-SHARI’AH
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Date
2011-08
Authors
ABBAS, Tijani Abdul-Qadir
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Abstract
It is undisputable fact that nowadays, the Muslim world in particular has realized the
dire need to write, translate and produce many books and articles on the topic of
maqasid due to its importance in addressing and solving modern issues challenging the
Muslim Ummah. It is in this regard that this topic entitled “Assessment of the
Objectives of Islamic Law {Maqasid Al-Shari’ah} in the Preservation of the five
Essential Values” was chosen. This research topic was made somehow comprehensive
in assessing and analyzing the five essential values, the way they have been protected
and preserved punitively and affirmatively in relation to Islamic law of maqasid, was
dealt with after the introduction of this knowledge and its historical development. This
work also revealed the wisdom behind many criminal penalties and other injunctions in
Islamic law. The methodology of this research is mostly doctrinal. Some other issues
related to the field of maqasid and masalih which are always raised by the Islamic
jurists and scholars, like whether maslaha, as a tool of maqasid al-Shari’ah, should be
accepted, rejected in totality or accepted with conditions; whether the doctrine of
maslaha should be regarded as a source of Islamic law or not; whether maslaha can
serve as a tool of dynamism and modernism in Islamic philosophy were extensively
treated in the conclusion chapter of the research. The researcher finally went to explore
the facts that a comprehensive and objective approach to modern Islamic issues should
be adopted, and not an atomistic view and rigidity on literal meanings of the text; and
that Islamic law is maqasid-oriented, flexible and workable in every community, epoch
and in all ramifications of human endeavor. All these were critically surveyed, analyzed
and given a finishing touch. Finally, some suggestions were offered and
recommendations proffered that would go a long way to solving the already stated
problems and challenges in the areas of masalih and maqasid al-Shari’ah
Description
A THESIS SUBMITTED TO THE SCHOOL OF
POSTGRADUATE STUDIES, A.B.U. ZARIA, IN PARTIAL
FULFILMENT OF THE REQUIREMENTS FOR THE AWARD
OF MASTER OF LAWS DEGREE-LL.M.
DEPARTMENT OF ISLAMIC LAW, FACULTY OF LAW,
AHMADU BELLO UNIVERSITY, ZARIA, NIGERIA.
Keywords
ASSESSMENT, OBJECTIVES, ISLAMIC, LAW, (MAQASID AL-SHARI’AH), PRESERVATION, FIVE, ESSENTIAL, VALUES (NECESSITIES, (MAQASID AL-SHARI’AH