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Legal Reasoning with Maslahah - Part 1

In our times, many views and  fatwas  have been presented in the name of Islam opposing the law and contradicting the legal texts, which are used by its proponents as a justification of them with  maslahah  being at the forefront. Whenever legal texts are offered in response to this matter, proponents of  maslahah  argue by saying that  maslahah  necessitates this. Therefore, what is the position of  maslahah  within deriving legislation ( al-tashri c ) and is it valid to accept it as a legal evidence? Moreover, have any of the scholars reasoned with  maslahah ? The sources for deriving legislation are agreed to be the Qur’an and the Sunnah and with very little exception,  Ijma c [i]  and  Qiyas . [ii]  There are disagreements amongst scholars regarding the details and principles of these sources as well as the methodologies employed in reasoning with each source. However, the broader details and the greater disagreements are found regarding  Qiyas  which is defined as linking the new

Fear (Khawf)

The following is the translation of a chapter from the Arabic book 'Al-Fikr al-Islami' (The Islamic Thought) by Sheikh Mohammad bin Mohammad Ismael Abduh, an Assistant Professor at the Egyptian University (now known as Cairo University) in the past. Fear is one of the external appearances of the survival instinct. Its existence in man is inevitable because it is a part of his creation and it existed in him naturally with his creation. However, it is like other external appearances of the survival instinct such as sovereignty, defence, and compassion and others, even like those of other instincts, which are the religiousness and reproduction; it does not appear unless there is a motive. If there is no such motive, fear will not appear at all. This motive, which provokes fear, is the same like any other motive that provokes any of the instincts. It is either a tangible physical thing, or a thought that is connected with it or related to it. However, this physical tangible thing

Islam is Concepts for Life and not Information only

The following is the translation of a chapter from the Arabic book 'Al-Fikr al-Islami' (The Islamic Thought) by Sheikh Mohammad bin Mohammad Ismael Abduh, an Assistant Professor at the Egyptian University (now known as Cairo University) in the past. Concepts of Islam are not priestly ones, nor pure metaphysical ( ghaybi ) ones. They are rather thoughts that have practical meanings that the mind can comprehend directly when it is capable to do so. Or it comprehends what they indicate of in a definite rather then speculative way when it is unable to comprehend them directly, thus it would comprehend the tangible which these meanings indicate, in a decisive way and without any doubt. All the Islamic concepts are subject to sensation directly, or what they indicate is subject to sensation directly. In other words all the thoughts of Islam are concepts, for they are either comprehended by the mind, or they result from a thing comprehended by the mind, ie, the mind indicated it.