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Tariq Ramadan

Print publication date: 2008

Print ISBN-13: 9780195331714

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780195331714.001.0001

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The School of Maqâsid: The Higher Objectives of Law

The School of Maqâsid: The Higher Objectives of Law

(p.59) 5 The School of Maqâsid: The Higher Objectives of Law
Radical Reform

Tariq Ramadan (Contributor Webpage)

Oxford University Press

This chapter focuses on the school of higher objectives of law (madrasat al-maqâsid) established by Abû Ishâq ash-Shâtibî. It is shown that ash-Shâtibî's methodology reconciles scholars with the original confidence shared by the Prophet's Companions, the people of Medina, and Mâlik himself, because they moved more freely between the meaning of texts and their own excellent and intimate knowledge of their human context. More broadly, and more essentially, it sheds renewed (mujaddid) light on the Prophetic tradition (hadîth) that states: “God has set some limits, so one must not transgress them; He has commanded some commands, so one must not ignore them; He has made some things unlawful, so one must not commit them. He has also kept silent (sakata) about some matters as a mercy, not because He has forgotten them, so one should not ask about them”.

Keywords:   maqâsid, Islamic law, Islamic thought, Abû Ishâq ash-Shâtibî

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