This study attempts to examine the principles and theory of maqasid alshaill ah, and their application to the development of Islamic law in Malaysia. The theory of maqasid al-shariah is a theory of interpretation which is based on the broad principle of maslapah and the extension of the principle of qiyis. This theory has been regarded as very dynamic and it could be a very useful mechanism in the development of Islamic law in the modem world. The study is divided into six chapters. Chapter One discusses the general meaning of maqasid al-shariah, its role in ijtihid, and its historical development. Chapter Two focuses on the scope, the classifications, the rules of priority of maqasid al-shariah, and investigates the relationship between maqasid al-shariz ah and other sources of Islamic law. Chapter Three analyses the methodology of the jurists for the deduction of law. It also examines the theory of maqasid al-shariah according to al-Imini al-Ghazzali and al- Imini al-Shatibi, and how the theory can contribute to the development of Islamic law in modem time. Chapter Four presents the history of the application of Islamic law in Malaysia. Chapter Five investigates the effects of colonisation on the application of Islamic law and the principles of maqasid al-shafiah and the present position of Islamic law in Malaysia. The final chapter, Chapter Six, critically examines the process of the Islamisation of laws and the application of the principles of maqasid al-shaiah in Malaysia.
| Identifer | oai:union.ndltd.org:bl.uk/oai:ethos.bl.uk:497476 |
| Date | January 2002 |
| Creators | Haji Hassan, Mohamed Fadzli |
| Publisher | University of Birmingham |
| Source Sets | Ethos UK |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
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