Insight Islamicus

Shah-i-Hamadan Institute of Islamic Studies

University of Kashmir

ISSN: 0975-6590

Considering carefully the history of ideas, the relationship between Muslim world and Europe (West) is not one of ‗clash of civilizations‘, but of ongoing communication and intellectual sharing as the communication bet ween Islamic and Western civilizations has continued throughout the history (especially in the medieval period). In this paper, an attempt has been made to reveal and recount briefly the impact of Muslim scholars/philosophers of medieval period to the ‗European thought and culture‘; an assessment of the scope and extent of the Islamic Law and Philosophy with special focus on the relationship between religion and human reason, has been also made, emphasizing the harmonious relationship between Islamic and Western civilizations. It argues that the medieval period provides examples and evidences – both of cultural diffusion from Islam to Europe as well as of tolerance – revealing that the relationship between civilizations is not one of clash or domination, but rather of mutual and of co existence.

Maqasid al-Shari‗ah (the Shari‗ah‘s objectives) refers to the broader and higher doctrines, tenets, values, ideals and objectives of the Islamic Law. The field of maqasid al-Shari‗ah highlights human welfare as the ultimate purpose of all Islamic rulings and stresses its importance, while basing itself on the foundational postulates of the Qur‘an and the Sunnah, it forms an important area of Islamic jurisprudence, particularly relevant to address contemporary challenges faced by Muslim Civilisation. The paper presents the ontological and epistemological implication of maqasid al- Shari‗ah to the Islamic law. This paper examines the conceptual framework of maqasid al- Shari‗ah in Islamic jurisprudence in order to highlight its contribution to more comprehensive, rational and realistic answers to contemporary societal issues and to thereby increase awareness of the maqasid al- Shari‗ah approach in structuring and developing legal framework for civilisational orientation and intellectual liberation. For this purpose, the paper will examine the literal and technical meanings of maqasid al- Shari‗ah and scrutinise the position of the concept within the Usul-al-fiqh. It will also present the essential characteristics of maqasid al- Shari‗ah and explain how this approach may contribute to better solutions for various challenges to human development. The maqasid al- Shari‗ah principles provide a better framework that academicians, scholars, and practitioners of jurisprudence can use when faced with potential conflicts arising from the diverse expectations and interests of varied stake holders. The paper will deliberate on how Islam‘s holistic and dynamic canons of justice, fairness and equity can be understood, and interpreted for the post-industrial society.

Ijtihad in fiqh means the effort of the mujtahid to his utmost in resolving an issue of Sharî‗ah. It facilitates the formulation of the rulings of Islam regarding the emerging problems which are not specifically addressed by the nusûs — the Qur‘an and the Sunnah. Scholars and jurists of Islam have extensively dealt with the subject down the ages. During the early medieval ages, fuqaha and mujtahids particularly aima-i-madhahib developed ijtihad tremendously that made a great impact upon the later times. Shah Wali-u Allah, the outstanding Islamic scholar of the 18th century Indian subcontinent, also treats the subject in many of his works. The present paper is a humble attempt to approach critically his concept of ijtihad in the context of his Iqd al-jid fi al-Ahkam alijtihad wa al-taqlid and Al-Insaf fi Bayan Sabab Ikhtilaf, focussing on its classification and implications.He defines ijtihad as an effort to understand the derivative (furu) rulings of the Sharî‗ah by means of detailed arguments and the four basic sources— the Qur`an, the Sunnah, ijma‘ and qiyas. Shah Wali-u Allah‘s views about availability of mujtahids, their qualities and classification are also examined in this paper along with their implications.