List of Charts xi
Acknowledgements xvii
Foreword xix

introduction xxi
In the Name of the ‘Islamic Law’? xxi
Where is the ‘Islamic Law’? xxii
Is There a Problem with the ‘Islamic Law’? xxiii
Scope of Disciplines xxv
Abstract xxvii
1 maq®ßid al-shari¢ah a contemporary perspective 1
Overview
1.i. Maq¥|id al-SharÏ¢ah: Early History of the Idea 1
What is Maq¥|id? 2
Dimensions of Maq¥|id 3
Al-Maq¥|id in the Companions’ Ijtihad 9
Early Theories of Maq¥|id 13
1.2. Al-Maq¥sid as a Developed Theory: 5–8 Centuries 16
The Emergence of a Philosophy for Islamic Law 16
Ab‰ al-Ma¢¥lÏ al-JuwaynÏ 17
Ab‰ ¤¥mid al-Ghaz¥lÏ 18
Al-¢Izz ibn ¢Abd al-Sal¥m 18
Shih¥b al-DÏn al-Qar¥fÏ 19
Shams al-DÏn ibn al-Qayyim 20
Ab‰ Is^¥q Al-Sh¥~ ibÏ 20

contents

Philosophy Final Biddles.QXP:Raysuni Final.QXP 12/12/07 12:12 Page v

1.3. Contemporary Conceptions of Maq¥|id 21
From ‘Protection’ and ‘Preservation’ to
‘Development’ & ‘Rights’ 21
‘Human Development’ as a Maq¥|id in its Own Right 24
2 systems as philosophy & methodology for analysis 26
Overview
2.i. Systems and Systems Philosophy 27
Teleology, Causality, and Irrationality 27
Towards an ‘Islamic’ Systems Philosophy 28
Are Systems ‘Real’ or Mental Creations? 30
2.2. A Systems Approach to Analysis 31
Traditions of ‘Decompositional’ Analysis 31
Systems Analysis 33
Theories of System Features 34
Theories of System Hierarchies 42
Proposed System Features 45
Cognitive Nature of the System of Islamic Law 45
Wholeness of the System of Islamic Law 46
Openness of the System of Islamic Law 47
Interrelated Hierarchy of the System of Islamic Law 48
Multi-Dimensionality of the System of Islamic Law 49
Purposefulness of the System of Islamic Law 51
3 islamic law, imams, & schools: a historical survey 56
Overview
3.i. What is ‘Islamic Law’? 56
Fiqh and Shari¢ah 56
Q¥n‰n and ¢Urf 57
The Importance of Differentiating between Fiqh
and Shari¢ah 99
3.2. Schools of Islamic Law: A Brief History 60
Overview
Post-Prophetic Era 60

Book Maqasid alShariah as Philosophy of Islamic Law: A Systems Approach author :
Current applications _or rather, misapplications_ of Islamic law are reductionist rather than holistic, literal rather than moral, onedimensional rather than multidimensional, binary rather than multivalued, deconstructionist rather than reconstructionist, and causal rather than teleological. There is lack of consideration and functionality of the overall purposes and underlying principles of the Islamic law as a whole. ...