Maslaha
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Maslaha
Maslaha or maslahah ( ar, مصلحة, lit=public interest) is a concept in shari'ah ( Islamic divine law) regarded as a basis of law.I. Doi, Abdul Rahman. (1995). "Mașlahah". In John L. Esposito. ''The Oxford Encyclopedia of the Modern Islamic World''. Oxford: Oxford University Press. It forms a part of extended methodological principles of Islamic jurisprudence (''uṣūl al-fiqh'') and denotes prohibition or permission of something, according to necessity and particular circumstances, on the basis of whether it serves the public interest of the Muslim community (''ummah''). In principle, ''maslaha'' is invoked particularly for issues that are not regulated by the Qur'an, the '' sunnah'' (the teachings and practices of the Islamic prophet Muhammad), or '' qiyas'' (analogy). The concept is acknowledged and employed to varying degrees depending on the jurists and schools of Islamic jurisprudence ('' maddhab''). The application of the concept has become more important in modern times ...
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Shari'ah
Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the Hadith. In Arabic, the term ''sharīʿah'' refers to God's immutable divine law and is contrasted with ''fiqh'', which refers to its human scholarly interpretations. In the historical course, fiqh sects have emerged that reflect the preferences of certain societies and state administrations on behalf of people who are interested in the theoretical (method) and practical application (Ahkam / fatwa) studies of laws and rules, but sharia has never been a valid legal system on its own. It has been used together with " customary (Urf) law" since Omar or the Umayyads. It may also be wrong to think that the Sharia, as a religious argument or belief, is entirely within or related to Allah's commands and prohibitions. Several non-graded crimes ar ...
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Principles Of Islamic Jurisprudence
Principles of Islamic jurisprudence, also known as ''uṣūl al-fiqh'' ( ar, أصول الفقه, lit. roots of fiqh), are traditional methodological principles used in Islamic jurisprudence (''fiqh'') for deriving the rulings of Islamic law (''sharia''). Traditional theory of Islamic jurisprudence elaborates how the scriptures (Quran and hadith) should be interpreted from the standpoint of linguistics and rhetoric. It also comprises methods for establishing authenticity of hadith and for determining when the legal force of a scriptural passage is abrogated by a passage revealed at a later date. In addition to the Quran and hadith, the classical theory of Sunni jurisprudence recognizes secondary sources of law: juristic consensus ('' ijmaʿ'') and analogical reasoning ('' qiyas''). It therefore studies the application and limits of analogy, as well as the value and limits of consensus, along with other methodological principles, some of which are accepted by only certain legal s ...
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Maqasid
''Maqasid'' ( ar, مقاصد, lit. goals, purposes) or ''maqāṣid al-sharīʿa'' (goals or objectives of ''sharia'') is an Islamic legal doctrine. Together with another related classical doctrine, '' maṣlaḥa'' (welfare or public interest), it has come to play an increasingly prominent role in modern times. The notion of ''maqasid'' was first clearly articulated by al-Ghazali (d. 1111), who argued that ''maslaha'' was God's general purpose in revealing the divine law, and that its specific aim was preservation of five essentials of human well-being: religion, life, intellect, lineage, and property. Although most classical-era jurists recognized ''maslaha'' and ''maqasid'' as important legal principles, they held different views regarding the role they should play in Islamic law. Some jurists viewed them as auxiliary rationales constrained by scriptural sources (Quran and hadith) and ''qiyas'' (analogical reasoning). Others regarded them as an independent source of law, whose ge ...
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Islamic Modernism
Islamic modernism is a movement that has been described as "the first Muslim ideological response to the Western cultural challenge" attempting to reconcile the Islamic faith with modern values such as democracy, civil rights, rationality, equality, and progress.''Encyclopedia of Islam and the Muslim World'', Thompson Gale (2004) It featured a "critical reexamination of the classical conceptions and methods of jurisprudence" and a new approach to Islamic theology and Quranic exegesis (''Tafsir''). A contemporary definition describes it as an "effort to re-read Islam's fundamental sources—the Qur'an and the Sunna, (the practice of the Prophet) —by placing them in their historical context, and then reinterpreting them, non-literally, in the light of the modern context." It was one of the of several Islamic movements – including Islamic secularism, Islamism, and Salafism – that emerged in the middle of the 19th century in reaction to the rapid changes of the time, especia ...
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Hanafi
The Hanafi school ( ar, حَنَفِية, translit=Ḥanafiyah; also called Hanafite in English), Hanafism, or the Hanafi fiqh, is the oldest and one of the four traditional major Sunni schools ( maddhab) of Islamic Law (Fiqh). It is named after the 8th century Kufan scholar, Abu Hanifa, a Tabi‘i of Persian origin whose legal views were preserved primarily by his two most important disciples, Imam Abu Yusuf and Muhammad al-Shaybani. It is considered one of the most widely accepted maddhab amongst Sunni Muslim community and is called the ''Madhhab of Jurists'' (maddhab ahl al-ray). The importance of this maddhab lies in the fact that it is not just a collection of rulings or sayings of Imam Abu Hanifa alone, but rather the rulings and sayings of the council of judges he established belong to it. It had a great excellence and advantage over the establishment of Sunni Islamic legal science. No one before Abu Hanifa preceded in such works. He was the first to solve the cases an ...
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Al-Andalus
Al-Andalus DIN 31635, translit. ; an, al-Andalus; ast, al-Ándalus; eu, al-Andalus; ber, ⴰⵏⴷⴰⵍⵓⵙ, label=Berber languages, Berber, translit=Andalus; ca, al-Àndalus; gl, al-Andalus; oc, Al Andalús; pt, al-Ândalus; es, al-Ándalus () was the Muslim-ruled area of the Iberian Peninsula. The term is used by modern historians for the former Islamic states in modern Spain and Portugal. At its greatest geographical extent, it occupied most of the peninsula and a part of present-day southern France, Septimania (8th century). For nearly a hundred years, from the 9th century to the 10th, al-Andalus extended its presence from Fraxinetum into the Alps with a series of organized raids and chronic banditry. The name describes the different Arab and Muslim states that controlled these territories at various times between 711 and 1492. These boundaries changed constantly as the Christian Reconquista progressed,"Para los autores árabes medievales, el término Al-And ...
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Maliki
The ( ar, مَالِكِي) school is one of the four major schools of Islamic jurisprudence within Sunni Islam. It was founded by Malik ibn Anas in the 8th century. The Maliki school of jurisprudence relies on the Quran and hadiths as primary sources. Unlike other Islamic fiqhs, Maliki fiqh also considers the consensus of the people of Medina to be a valid source of Islamic law. The Maliki school is one of the largest groups of Sunni Muslims, comparable to the Shafi`i madhhab in adherents, but smaller than the Hanafi madhhab. Sharia based on Maliki doctrine is predominantly found in North Africa (excluding northern and eastern Egypt), West Africa, Chad, Sudan, Kuwait, Bahrain, Qatar, the Emirate of Dubai (UAE), and in northeastern parts of Saudi Arabia.Jurisprudence and Law – Islam
Reorienting the Veil, University of North Car ...
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Averroes
Ibn Rushd ( ar, ; full name in ; 14 April 112611 December 1198), often Latinized as Averroes ( ), was an Andalusian polymath and jurist who wrote about many subjects, including philosophy, theology, medicine, astronomy, physics, psychology, mathematics, Islamic jurisprudence and law, and linguistics. The author of more than 100 books and treatises, his philosophical works include numerous commentaries on Aristotle, for which he was known in the Western world as ''The Commentator'' and ''Father of Rationalism''. Ibn Rushd also served as a chief judge and a court physician for the Almohad Caliphate. Averroes was a strong proponent of Aristotelianism; he attempted to restore what he considered the original teachings of Aristotle and opposed the Neoplatonist tendencies of earlier Muslim thinkers, such as Al-Farabi and Avicenna. He also defended the pursuit of philosophy against criticism by Ashari theologians such as Al-Ghazali. Averroes argued that philosophy was permissi ...
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Shafi'i
The Shafii ( ar, شَافِعِي, translit=Shāfiʿī, also spelled Shafei) school, also known as Madhhab al-Shāfiʿī, is one of the four major traditional schools of religious law (madhhab) in the Sunnī branch of Islam. It was founded by Arab theologian Muḥammad ibn Idrīs al-Shāfiʿī, "the father of Muslim jurisprudence", in the early 9th century. The other three schools of Sunnī jurisprudence are Ḥanafī, Mālikī and Ḥanbalī. Like the other schools of fiqh, Shafii recognize the First Four Caliphs as the Islamic prophet Muhammad’s rightful successors and relies on the Qurʾān and the "sound" books of Ḥadīths as primary sources of law. The Shafi'i school affirms the authority of both divine law-giving ( the Qurʾān and the Sunnah) and human speculation regarding the Law. Where passages of Qurʾān and/or the Ḥadīths are ambiguous, the school seeks guidance of Qiyās (analogical reasoning). The Ijmā' (consensus of scholars or of the community ...
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Muhammad Ibn Abd Al-Wahhab
; "The Book of Monotheism") , influences = , influenced = , children = , module = , title = Imam, Shaykh , movement = Muwahhidun (Wahhabi) , native_name = محمد بن عبد الوهاب التميمي , relatives = Sulayman (brother) , office1 = Chief Qadi of the Emirate of Dir'iyah , term_start1 = 1744 C.E (1157 A.H) , term_end1 = 1773 C.E (1187 A.H) , successor1 = Abdullah ibn Muhammad ibn 'Abd al-Wahhab Muhammad ibn Abd al-Wahhab ibn Sulayman al-Tamimi ( ar, محمد بن عبد الوهاب بن سليمان , translit=Muḥammad ibn ʿAbd al-Wahhāb ibn Sulaymān al-Tamīmī; 1703–1792) was an Arabian Islamic scholar, theologian, preacher, activist, religious leader, and reformer from Najd in central Arabia, considered as the eponymous founder of the Wahhabi movement. His prominent students included his sons Ḥusayn, Abdullāh, ʿAlī, ...
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Abu Ishaq Al-Shatibi
Abū Isḥāq Ibrāhīm ibn Mūsā al-Shāṭibī (720 – 790 A.H./1320 – 1388 C.E.) was an Andalusí Sunni Islamic legal scholar following the Maliki madhab.Dr. Ahmad Raysuni, ''Imam Shatibi's Theory of the Higher Objectives and Intents of Islamic Law translated by Nancy Roberts'', publisher IIIT. p.74. He died in 1388 in Granada. Imam Shatibi's full name was "Ibrahim bin Mosa bin Muhammad al-Shatibi al-Gharnati". His family descended from the Banu Lakhm. His kunya was "Abu Ishaq", and his surnames were "Al-Lakhmi", "Al-Gharnati", "Al-Maliki" and "As-Shatibi". The date and place of his birth are unknown. However, one of his surnames, "As-Shatibi", points to the city Xàtiva, which indicates that he was a descendant of migrants from that town. Books He learned from very prominent scholars of his time. He became a master in Arabic language and ittihad and research at a very early age. He would discuss various topics with his teachers before arriving to any conclusion. #'' ...
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Ibadah
''Ibadah'' ( ar, , ''‘ibādah'', also spelled ''ibada'') is an Arabic word meaning service or servitude. In Islam, ''ibadah'' is usually translated as "worship", and ''ibadat''—the plural form of ''ibadah''—refers to Islamic jurisprudence (''fiqh'') of Muslim religious rituals. Ibadah In Arabic ''ibadah'' is connected with related words such as "Ubudiyyah" ("slavery"), and has connotations of obedience, submission, and humility. The word linguistically means "obedience with submission". In Islam, ''ibadah'' is usually translated as "worship" and means obedience, submission, and devotion to God. Other sources (noted Islamist author Abul A'la Maududi and others) give a broader definition of ''ibadah'', including keeping speech free "from filth, falsehood, malice, abuse", and dishonesty, obeying Islamic Shariah law in "commercial and economic affairs" and in "dealings with your parents, relatives, friends", and everyone else. Ibadat ''Ibadat'' () is the plural for ...
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