Friday, February 10, 2017

Understanding the Qur'an and Salah: The Easy Way

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The Theory of Maqasid al-Shari’ah: A literature Review and Research Agenda

Book Chapter
Maqasid al-Shari'ah: Konsep dan Pendekatan (ISBN: 978-967-5534-58-4)
7. The Theory of Maqasid al-Shari’ah: A literature Review and Research Agenda

 Abu Talib Mohammad Monawer, University of Malaya

The theory of maqasid al-shari’ah refers to the higher objectives of Islamic law set out by the Lawgiver in order to ensure human welfare through achieving every possible benefit and avoiding any potential danger. It is hard to trace the precise term maqasid al-shari’ah in the literature of early Islamic legal thought. However, this absence does not necessarily mean that maqasidic approach was absent in the early period of legal thought. It rather has been keeping abreast of the developments of literature of Islamic legal thought, albeit the concept was theorized and crystallized in the later period. The concept remained the same with full reservation within the circle of few early scholars. Moreover, the contemporary studies continue focusing mainly on a few traditional aspects of the theory. Meanwhile, the development and evolution of the theory requires study of all discussions contributed to it by the pioneers to discover new insights. It also requires study of some other aspects of the maqasid theory that will contribute to the Islamic jurisprudence for the modern society. At this very point, this paper aims to present a review of the contemporary literature on the pioneers of theory of maqasid al-shari’ah and to suggest a few research directions for future developments. The paper will employ an historical and content analysis method to achieve its objective. The expected outcome of the paper is that it will serve as a base for future studies in Islamic jurisprudence.

 Keywords 
Maqasid al-Shari’ah, Maslahah, Literature Review, Research Agenda, Shariah
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Suggested Citation



Monawer, Abu Talib Mohammad, and Noor Naemah Abdul Rahman. 2016. "The Theory of Maqasid al-Shari’ah-Aliterature Review and Research Agenda." In Maqasid al-Shari'ah: Konsep dan Pendekatan, edited by Noor Naemah Abdul Rahman, Abdul Karim Ali and Ridzwan Ahmad, 137-164. Jabatan Fiqh dan Usul, Akademi Pengajian Islam, Universiti Malaya Perpustakaan Negara Malaysia.
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Child Labour: Islamic Perspective


Abstract


The issue of child labour got immense importance from the people around the world. Many researchers have highlighted the negative effects of hazardous child labour. However, it is also true that child labour is a common phenomenon in the developing as well as underdeveloped countries where poor families send their children to work for the economic sustenance. This article is an attempt to understand whether child labour is acceptable in the eyes of a religion – Islam. This conceptual paper makes an attempt to find solution of this ethical dilemma by analysing Islamic teachings derived from the Qur’an, the Sunnah, the comments of the Islamic scholars, and several historical evidences such as the case of the Prophet’s young companion- Anas and the case of fetus in uterus of Ghamidiyyah- the adulteress women. From the context of the economic conditions of the people of those poor Muslim countries, the issue of child labour arises as an ethical dilemma. This paper makes an attempt to provide a solution in the light of Islamic teachings. The paper concludes that Islam allows child labour that is not hazardous and unethical. In order to eliminate hazardous child labour, initiatives should be taken from four levels: individual level, family level, employment level, and state level.




KEYWORDS: 
  • Child Labour,
  • Islam,
    •  
  • Ethics,
    •  
  • Ethical Dilemma,
  • Islamic Perspective

Suggested Citation

Monawer,Abu Talib Mohammad, and Dewan Mahboob Hossain. 2016. "Child Labour:Islamic Perspective."  ESTEEM Academic Journal 12 (2):15-30. http://uppp.uitm.edu.my/online-issues/459.html

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