Search results for: ijtihād

Authors: Shehar Bano

Abstract:

This research presents the theoretical framework and real-world empirical implementations of Islamic public policy on present-day governments. The study explores how the principles of Islamic Shariah which are derived from the Quran and Sunnah may be applied in the modern states with a view to achieving justice and progress in present-day governance system. Thus, the present qualitative approach used secondary data through text analysis, as based on the conventional, classical Islamic sources and peer-reviewed articles and case studies. This study undertakes a critical evaluation of both the historical and contemporary dimensions of Islamic public policy, employing content analysis as the primary methodological approach. Further, it was observed that although the Islamic governance offers a full ethical agenda based on justice, equity and public interest yet it faces certain shortcomings in its practice, some of them are how can we explain the revealed truths in the light of modern world and the deficiency of competent scholars in the sphere of policy making. Such challenges were discovered to be tractable with a dynamic approach that accommodates ijtihad and partnerships between scientists and economist. Based on this study, it was found that the incorporation of Islamic ethics into policy system could offer a workable solution to current challenges of governance, not simply restricted to the Islamic countries only, but as part of the discussion on justice and governance in the international level as well. Islamic public policy was present as a model for contemporary management of the state pointing out social justice, economic justice and the public good as its rationales.

Keywords: Islamic public policy, modern governance, justice, equity, ijtihād, maqāṣid al-sharī‘ah, public welfare, Islamic ethics, collaboration, contemporary applications.

Procedia APA BibTeX Chicago EndNote Harvard JSON MLA RIS XML ISO 690 PDF Downloads 30

Authors: Ariyanti Mustapha

Abstract:

The development of Islamic jurisprudence since the first century of the hijra has fascinated many orientalists to explore the historiography of Islamic legislation. The practice of usul fiqh began during the lifetime of the Prophet Muhammad and was continued by the companions as the legal reasoning due to the absence of the legal injunction in the Qur’an and Sunnah. The orientalists propagated that the Roman and Jewish legislation were transplanted into Islamic jurisprudence and it was the primary reason for its progression. We used qualitative and comparative methods to analyze the orientalists’ views. Results showed that many erroneous facts were propagated by Goldziher and Schacht by claiming the parallels between the principles, methodologies, and fundamental concepts in Islamic jurisprudence and Roman Provincial law. The orientalists claimed that Islamic jurisprudence was derived from the corpus of Jewish Mishnah and Ha-kol. These judgments are used by the orientalists to prove the inferiority of Islamic jurisprudence. Nevertheless, many evidences have proven that Islamic legislation is capable of developing independently without any foreign transplant.

Keywords: Foreign transplant, ijtihad, orientalist, usul fiqh.

Procedia APA BibTeX Chicago EndNote Harvard JSON MLA RIS XML ISO 690 PDF Downloads 449